Article 2

Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

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The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20) PRINCIPAL FACTS The European Court of Human Rights received on the 28-9-2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules […]

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Murder of 9 students and a teacher by an armed student. Police inaction to seize the weapon despite alarming indications. Violation of the right to life

JUDGMENT Kotilainen and others v. Finland 17.09.2020 (app. no. 62439/12) see here SUMMARY The case of Kotilainen and Others v. Finland (application no. 62439/12) concerned complaints about failures by the authorities to protect the lives of the victims of the 2008 school shooting in the town of Kauhajoki, in which 10 people were killed. Nine […]

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Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020  (app. no. 69460/12) see here  SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

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Access to a patient’s medical file and transfer to a foreign hospital. Interim measures and their lift.

Aleksey Navalnyy v. Russia 21.08.2020 and 24.08.20 SUMMARY Right to life and imminent danger. Request for interim measures so that Russia allows the patient’s family and their authorized doctors to access him and assess whether he is suitable for transport to Germany for treatment. The ECtHR initially accepted the interim measures and when the applicant […]

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Prisoner suicide. Failure to take precautionary measures to protect a prisoner with suicidal tendencies. Violation of the right to life

JUDGMENT Frick v. Switzerland 30.06.2020 (app. no.  23405/16) see here   SUMMARY Prisoner suicide. Failure to take precautionary measures to protect the right to life. Failure to prevent suicide committed in an unusual way by a vulnerable detainee in a police cell, in which he had been placed alone and unattended for 40 minutes. According to […]

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δικηγόρος

Acid attack on a woman. Failure of the authorities to conduct an effective investigation. Violation of the procedural aspect of the right to life

JUDGMENT Tërshana v. Albania 04.08.2020 (app. no. 48756/14) see here SUMMARY The case concerned an acid attack on the applicant in 2009. She suspected that her former husband, whom she accused of domestic violence, was behind the attack. The Court found in particular that the State could not be held responsible for the attack. If […]

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Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here   SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

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Unjustified delay of the researches in an attempted homicide. Violation of the procedural part of the right to life

JUDGMENT Danciu and others v. Romania 12.05.2020  (αρ.προσφ.  48395/16)             see here  SUMMARY Right to life and ineffective judicial investigation. Violation of a procedural part of Article 2 of the ECHR. The applicants, relatives of the deceased spouse and their father, complained of a violation of Article 2 due to an ineffective investigation into the circumstances […]

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Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

JUDGMENT Kaman v, Turkey  04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

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ECHRCaseLaw

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