JUDGMENT Yirdem and others v. Turkey 04.09.2018 (no. 72781/12) see here SUMMARY Death patient in hospital from poisoning. Forensic report suggested that the substances detected could not be found in the hospital. Exercise of criminal prosecution against doctors for medical negligence. They were released from the criminal courts after a 9 year trial. The civil […]
JUDGMENT Vlase v. Romania 24.07.2018 (no. 80784/13) see here SUMMARY Penal proceedings for homicide from medical negligence. The deceased was admitted to a military hospital where he was examined. He was diagnosed with a gastro-duodenal ulcer caused by a bacterial infection. Surgery was done. After post-operative complications, he underwent two further interventions carried out by […]
JUDGMENT Sarishvili-Bolkvadze v. Georgia 19.07.2018 (no. 58240/08) see here SUMMARY The case of Sarishvili-Bolkvadze v. Georgia (application no. 58240/08) concerned the applicant’s complaint about the authorities’ duty to protect her son’s life from medical negligence and the adequacy of their response to his death. The European Court of Human Rights held, unanimously, that there had […]
JUDGMENT Mazepa and others v. Russia 17/7/2018 (no. 15086/07) see here SUMMARY The case concerned the investigation into the 2006 murder of journalist Anna Politkovskaya. The Court found in particular that while the authorities had found and convicted a group of men who had directly carried out the contract killing of Ms Politkovskaya, they had […]
JUDGMENT Semache v. France 21.6.2018 (no. 36083/16) see here SUMMARY The case concerned the death of the applicant’s father, Mr Ziri, following his arrest by the police and his detention in Argenteuil police station. The Court found in particular that the restraining of Mr Ziri by a “double-seated embrace” technique, during his transfer by car […]
JUDGMENT Toubache v. France 07.06.2018 (no. 19510/15) see here SUMMARY The case concerned the necessity and proportionality of the use of force by the law-enforcement agencies in the context of the death of the applicants’ son, who was shot and killed by a gendarme while travelling in the rear of a fleeing vehicle. The Court […]
JUDGMENT Fatih Çakır and Merve Nisa Çakır v. Turkey 05.06.2018 (no. 54558/11) see here SUMMARY Procedures regarding compensation for a road accident caused by the inappropriateness of the road. The applicants complained that the authorities had not taken the necessary safety measures on the road and that the court proceedings which followed were inadequate. Violation […]
JUDGMENT Mihdi Perinçek v. Turkey 29.05.2018 (no. 54915/09) see here SUMMARY Murder of the applicant’s son from a police officer during a police operation to prevent a terrorist attack. Violation of Article 2 (right to life) because the act was illegal and there was no effective investigation of the incident. PROVISION Article 2 PRINCIPAL FACTS The […]
JUDGMENT Afiri and Biddarri v. France 25.01.2018 (no. 1828/18) see here SUMMARY Interruption of artificial support to a minor. Disagreement between doctors and her parents. Thorough examination of the issue of disruption of the technical support from the ECtHR. The domestic authorities had complied with their positive obligations under Article 2 (right to life), so […]
JUDGMENT Ιncin v. Turkey 09.01.2018 (no. 3534/06) see here SUMMARY Investigation regarding the murder of Kurdish by the Turkish army. The applicants, referring to Article 2 (right to life), claimed that the investigation and trial lasted a great time and was ineffective despite the existence of many evidence. Infringement of Article 2 owing to the […]
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