Gorovenky and Bugara v. Ukraine (Applications Nos. 36146/05 and 42418/05)

Key paragraph(s) can be found below the document.

38. The Court reiterates that the States are expected to set high professional standards within their law-enforcement systems and ensure that the persons serving in these systems meet the requisite criteria (…). In particular, when equipping police forces with firearms, not only must the necessary technical training be given but the selection of agents allowed to carry such firearms must also be subject to particular scrutiny.
39. It follows that in the present case the police officer, who deliberately shot two persons with his police gun, was issued with the gun in breach of the existing domestic regulations, since it was not checked where he would be keeping it when off duty, and his personality was not correctly assessed in the light of his previous history of disciplinary offences.
40. In these particular circumstances, the Court concludes that in the present case there was a breach of the State’s positive obligations under Article 2 of the Convention.