 For a positive obligation to arise, it must be established that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual from the criminal acts of a third party and that...  The Impact of Human Rights Law on Armed Forces - Стр. 33авторы: Peter Rowe - 2006Ограниченный просмотр - Подробнее о книге
 | Justice (Society) - 2001 - Страниц: 213
...In Osman v. UK?2 the Court held that such obligations arise where it can be established that: . . . the authorities knew or ought to have known at the...individual or individuals from the criminal acts of a third parry and that they failed to take measures within the scope of their powers which, judged reasonably,... | |
 | David Kelly, Gary Slapper - 1995 - Страниц: 618
...appropriate steps to safeguard the lives of those within its jurisdiction. . .it must be established that the authorities knew or ought to have known at the...time of the existence of a real and immediate risk to life of an identified individual or individuals from the criminal acts of a third party and that they... | |
 | Jane Wright - 2001 - Страниц: 245
...the jurisdiction, found that in relation to positive obligations: "it must be established . . . that the authorities knew or ought to have known at the time of a real and immediate risk to the life of an identified individual or individuals from the criminal... | |
 | A. P. Adams, J. N. Cashman, R. M. Grounds - 2002 - Страниц: 326
...'measures' within the scope of their powers which, judged reasonably, might have been expected to avoid a real and immediate risk to the life of an identified individual or individuals. However, the Court also held that obligations imposed by this article should not be interpreted so... | |
 | María Magdalena Sepúlveda Carmona - 2003 - Страниц: 499
...ought to have know at the time of the existence of a real risk to the life of an identified individual from the criminal acts of a third party and that they...failed to take measures within the scope of their powers.'120 In other words, if in the above-mentioned circumstances the State fails to take positive... | |
 | M. Fitzmaurice, Malgosia Fitzmaurice, Dan Sarooshi - 2004 - Страниц: 245
...breaches of such provisions.4 — For a positive obligation to arise, it must be established ... that the authorities knew or ought to have known at the...immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their... | |
 | Fons Coomans, Menno T. Kamminga - 2004 - Страниц: 295
...prevent that risk from materialising. For a positive obligation to arise, it must be established that the authorities knew or ought to have known at the...immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their... | |
 | Pieter J. Slot, Mielle K. Bulterman, E.M. Meijers Instituut - 2004 - Страниц: 323
...prevent that risk from materialising. For a positive obligation to arise, it must be established that the authorities knew or ought to have known at the...immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their... | |
 | C. A. Gearty - 2004 - Страниц: 278
...120 where this pomt is nude very well. 38 Osman v United K,nzdom (1998( 29 EHRR 245, para (115l. that the authorities knew or ought to have known at the...existence of a real and immediate risk to the life of an idenrified individual or individuals from rhe cnmmal acts of a third party, and that they failed to... | |
 | Dominic McGoldrick, Peter Rowe, Eric Donnelly - 2004 - Страниц: 517
...engaged by the State in whose territory the acts take place: if it knew or ought to have known ... of a real and immediate risk to the life of an identified individual or individual from the criminal acts of a third party and [the State] failed to take measures within the... | |
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