no record of arrest and a procedural failure to investigate thus it was accepted that the arrest was life-threatening in the circumstances. Permitted Killings Cases Capital Punishment is effectively non existent in the signatory states. All states aside from Russia are signatories to Protocol 6 which bans death penalties in peace time. Further many states are signatories to Protocol 13 which bans it out right. Russia, although not being a signatory to either protocol has an effective moratorium on the death penalty. The main issue here then is extradition to countries where the person life is at risk. Oscalan v Turkey - PKK leader arrest in Kenya, sentenced to death in Turkey. Had his sentence reduced to life imprisonment. At the time however, Turkey was in the process of signing protocol 6, thus there were genuine fears that due to his status and public opinion as well as political pressures he may be executed. The court found that there had been a breach of Article 6, unfair trial, thus to sentence him to death would be a Breach of Article 3. Soering v UK - also demonstrates how the Courts ineffectively use Article 3 to prohibit death sentences in the context of extradition. However the court did recognize Death Row Syndrome, in which psychological distress is caused while awaiting execution. Thus it is a breach of article 3 to sentence one to death, but death row syndrome itself does not constitute inhuman treatment. Death from Permitted Use of force McCann and Others v United Kingdom (1995) 21 EHRR 97 - shows us that force applied must be no more than 'absolutely necessary' meaning that it must be STRICTLY PROPORTIONATE' to the achieve the permitted purpose. This goes beyond proportionality as we find it in article 8 and others. it is extremely strict with no margin of appreciation afforded. the court simply construes facts as they are and reaches an impartial assessment. Micheal O'Boyle says that the situation regarding shootings must be judged with the facts of the situation at the time and not ex post facto. this has also been a criticism of Dissenting judges in McCann v UK, who stated that the courts should be wary of the benefits of hind sight in their finding of a breach of article 3 on the case. The use of deadly force must be lawful at a national level. C v Belgium,