An Endeavor Towards More Situational Positive Obligations Stemming from Article 2: Case of Kotilainen and others v. Finland

Elina Pekkarinen is a university instructor and PhD candidate in Tampere University. Her dissertation concerns the contextual interpretation of rights laid down in the European Convention

Introduction

On 17 September 2020, the European Court of Human Rights delivered its judgement in the case of Kotilainen and others v. Finland (application no.62439/12). The ECtHR found that Finland had violated the substantive aspect of Article 2 of the European Convention on Human Rights when the local police refrained from seizing a weapon from a person who subsequently committed a school shooting. The Court was satisfied that the national authorities complied with the requirements emanating from the procedural aspect of Article 2. The rest of the applicants’ complaint, which concerned Articles 5, 6 and 13 of the Convention, was declared manifestly ill-founded.

In Kotilainen and others, the Court emphasised the duty of diligence which poses special obligations to national authorities when they are dealing with matters that include a particularly high risk to life. Moreover, the Court concluded that an obligation to uphold the legislation regulating the lawful possession of firearms does not only require, from the national authorities, that they intervene in activities where the risk to life is imminent, but also in activities that cause concrete suspicions about the compliance of requirements regarding the possession of a firearm.

Continue reading