Право на живот на лицата, лишени от свобода
Right to life of Persons deprived of Liberty

Summary/Abstract: HUMAN RIGHTS // The international law protects the lives of persons deprived of liberty. World-wide, this protection is dealt with in the International Covenant on Civil and Political Rights and within Europe it is treated in the European Convention on Human Rights. These treaties oblige all States to protect the lives of persons deprived of liberty in three aspects – the negative, the positive and the procedural one. The negative aspect is expressed by means of prohibiting State authorities and officials to take actions that could lead to the deprivation of those persons’ lives. The scope of this prohibition, however, is not quite the same in the texts of the two international acts. The International Covenant on Civil and Political Rights prohibits the “arbitrary” deprivation of life, whereas the European Convention on Human Rights prohibits the intentional deprivation of life. The positive aspect which obliges the States to protect the lives of persons deprived of liberty requires that they not only take legislative measures to protect the lives of persons deprived of liberty but that they also ensure the practical application of these measures. Moreover, the States are required to conduct an investigation every time there has been violation of the right to life of a person deprived of liberty. This is regulated by the procedural aspect. All obligations which have been established by the International Covenant on Civil and Political Rights and the European Convention on Human Rights with regard to the right to life of persons deprived of liberty also apply to the Republic of Bulgaria, due to its being a party to these international treaties.

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