Article 2

A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

JUDGMENT Makuchyan and Minasyan v. Azerbaijan and Hungary 26.05.2020 (no. 17247/13) see here  SUMMARY The case  concerned the presidential pardon given to a convicted murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence. R.S., a military officer from Azerbaijan, killed an Armenian military officer and attempted […]

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Insufficient investigations into the death of a citizen during a police search. Violation of a procedural part of the right to life

JUDGMENT Jabłońska v. Poland 14.05.202 (no. 24913/15) see here  SUMMARY Proportionality in the use of force by police, effective investigation and the right to life. The applicant’s son was stopped for a routine examination by competent police authorities. He was arrested for carrying two bags of white powder and in an attempt to escape, he […]

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Years of inadequate and ineffective research regarding a killing of a soldier have violated the procedural part of the right to life

JUDGMENT Anahit Mkrtchyan v. Armenia 07.05.2020 (no. 3673/11) see here SUMMARY Death of a soldier. Right to life. Effective research. The applicant is the mother of a soldier who was shot dead while serving in the army. The fatal shooting took place in an office in the presence of 3 eyewitnesses. The investigation was launched […]

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Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

JUDGMENT Murdalovy v. Russia  31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

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The investigation into the injury of a woman by a police officer that lasted more than nine years and the lack of legislation on the use of weapons violated the right to life

JUDGMENT Andreea-Marusi Dumitru v. Romania 31.03.2020 (app. no. 9637/16) see here SUMMARY The case concerned the effectiveness and length of the investigation conducted after the applicant sustained gunshot wounds during a police operation at a goods train depot in November 2005. The Court observed that more than nine years and three months had elapsed between […]

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The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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The fall of a tree on the highway and human death. Violation of the procedural part of the right to life by incomplete investigation in order to attribute liability

JUDGMENT Marius Alexandru and  Marinela Ştefan v. Romania 24.03.2020 (no. 78643/11) see here  SUMMARY Right to life and responsibility of the state. The applicants were on their car traveling on the highway when a tree fell on their vehicle. They were seriously injured while their parents and the applicant’s brother died. The Court reiterates that, […]

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φυλακές

The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

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ECHRCaseLaw

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