THE EUROPEAN COURT OF HUMAN RIGHTS AND RIGHT TO LIFE

Right to life guaranteed by Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, by Protocol 6 on abolition of death penalty in state of peace and by Protocol 13 on abolition of death penalty in all circumstances, represents one of the fundamental rights guaranteed by the Convention. Its violation is considered to be the most serious breach of the Convention. In the Republic of Croatia, protection of right to life lies in the hands of criminal prosecution bodies. police, public prosecutor and, especially, of regular courts (both courts deciding on criminal matters in first instance and courts with appellate and cassatory jurisdiction). Although this right is constitutionally enshrined, the Constitutional Court of the Republic of Croatia will rarely be in position to decide on applications claiming infringement of the right to life due to formal limitations of the right to submit constitutional complaint. In order to properly guarantee the right to life, parties to the Convention are obliged to protect any person's life under their jurisdiction, both from actions of governmental agents and private persons. States are obliged to undertake different preventive measures in order to protect life, and in case of deprivation of life, states arc expected to undertake a number of measures directed toward remedying of violation of right to life. Guarantee of the right to life includes substantive and procedural aspects. Substantive aspect of this right demands clarification of circumstances that had lead to violation of right to life, and establishment of whether a state is responsible for deprivation of life, or attempt of deprivation of life of a certain person. Procedural aspect includes determination whether the state bodies have, after learning in any way that a deprivation of life by use of force occurred, taken all necessary measures to remedy the situation, conducted appropriate investigation directed toward clarification of all relevant circumstances and identification of the perpetrator, and in case the perpetrator is identified, whether an adequate procedure against him has been conducted (as a rule, it should be a criminal procedure) and whether the perpetrator has been proportionally punished, or whether another adequate measure against him has been applied.