THE RIGHT TO LIFE UNDER THE CONDITIONS OF TERRORISM COUNTERACTING: THE VIEWPOINT OF THE EUROPEAN COURT OF HUMAN RIGHTS
The given article discusses the problem of determination of legal foundations for admissible deprivation of life imposed on the persons involved in terrorist activities. The author appeals to practices of the European Court of Human Rights and analyzes two court decisions taken with the time difference of almost two decades. In both cases the subject of inquiry is legitimacy of the state’s enforcement which leads to the death of persons considered as terrorists. The article defines in general the viewpoint of the Court, points out certain contradictions in the Court’s view on determination of the boundaries of enforcement described as “absolutely necessary force” and loyal attitude of the Court to “pointed liquidation” as a tough method of fighting terrorism. The author puts forward a hypothesis that existence of such an approach is explained by the increased terrorism threat in Europe.