× 115. The Court notes that the first sentence of Article 2 § 1 enjoins the State not only to refrain from the
intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those
within its jurisdiction (see the L.C.B. v. the United Kingdom judgment of 9 June 1998, Reports of Judgments
and Decisions 1998-III, p. 1403, § 36). It is common ground that the State's obligation in this respect
extends beyond its primary duty to secure the right to life by putting in place effective criminal-law
provisions to deter the commission of offences against the person backed up by law-enforcement
machinery for the prevention, suppression and sanctioning of breaches of such provisions. It is thus
accepted by those appearing before the Court that Article 2 of the Convention may also imply in certain
well-defined circumstances a positive obligation on the authorities to take preventive operational measures
to protect an individual whose life is at risk from the criminal acts of another individual. The scope of this
obligation is a matter of dispute between the parties.
).
16 Cf Cameroon Tribune No. 5231 dated 7 October 1992, page 16
17 Cf. <> in Cameroun Tribune No. 5246 du 26th October 1992. Page 4
18 Cf. Cameroun Tribune No. 5231 dated 7th October 1992 page 8.
19 See communication 211/98 Legal Resources Foundation vs. Zimbabwe.
20 See communications : No. 74/92 ; No. 137/94 ; No. 48/90 ; No. 50/91; No. 52/91; No. 89/93; [No.
137/94], No. 139/94; No. 154/96; No. 161/97; No. 147/95; No. 149/96; No. 155/96; No. 211/98;
No.223/98, in which the African Commission has had to clarify the scope of Article 1 of the Charter.
21 communication 74/92, National Human Rights and Liberties Commission vs. Chad; communication
155/96, Social and Economic Rights Action Centre and the Centre for Economic and Social Rights vs.
Nigeria.
22 communication 245/2002, Zimbabwe Human Rights NGO Forum vs. Zimbabwe, parag. 143.
23 The distinction between these two types of obligations in international law has for the first time been
established in explicit terms by D. Donatti who has made it a general principle (D. Donati I Trattati
internazionali nel diritto costituzionale, Turin, Unione tipografico-editrice torinese, 1906, vol. I . p. 343 et
suivant). It had already implicitly been done by H. Triepel where he highlighted the difference between
domestic law immediately applicable and domestic law that is internationally pertinent (H. Triepel,
Volkerrecht und Landesrecht, Leipzig Hirschfeld, 1899, p. 299) [édition française : Droit international et droit
interne, tr. Par R. Brunet, Paris, Pedone, 1920, p. 297]
24 Aubert Jean-luc, Introduction to the Law and Fundamental Themes of Civil Law, Paris, Armand Colin,
1995 N°244 p.252
25 Yearbook of the International Law Commission, 1977, Vol II, Part 2, page 12 onwards
26 Application No. 9024/80, ECHR (1985) Série A, vol. 89
27 Application No. No. 9186/80, Judgement of 1984 para 35
× The Court recalls that the Contracting States are under the obligation to organise their legal systems "so
as to ensure compliance with the requirements of Article 6 para. 1 (art. 6-1)" (see the Guincho judgment] of
10 July 1984, Series A no. 81, p. 16, [popup=para. 38]38. The Court recognises the value of the first
argument. It cannot overlook that the restoration of democracy as from April 1974 led Portugal to carry out
an overhaul of its judicial system in troubled circumstances which were without equivalent in most of the
other European countries and which were rendered more difficult by the process of decolonisation as well
as by the economic crisis (see paragraph 21 above). Nor does the Court in any way underestimate the
efforts taken to improve the citizen's access to justice and the administration of the courts, in particular after
the promulgation of the Constitution in 1976 (see paragraph 21 above). Nonetheless, the Court must on
this issue concur with the views of the Commission and the applicant. In ratifying the Convention, Portugal
guaranteed to "secure to everyone within [its] jurisdiction the rights and freedoms defined in Section I"
(Article 1) (art. 1). In particular, Portugal undertook the obligation of organising its legal system so as to
ensure compliance with the requirements of Article 6 para. 1 (art. 6-1), including that of trial within a
"reasonable time" (see the above-mentioned Zimmermann and Steiner judgment, Series A no. 66, p. 12,
para. 29). The Court would once more draw attention to the extreme importance of this requirement for the
proper administration of justice.
); impartiality is unquestionably one of the foremost of those requirements. The Court's task is to determine
whether the Contracting States have achieved the result called for by the Convention, not to indicate the
particular means to be utilised.[/popup]
28 ICJ, Judgement of 9 January 2009, General List no. 139
29 See para 44
18