Article 2

Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the Convention

JUDGMENT Saidani v. Germany 27.09.2018 (no.  17675/18) see here SUMMARY The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. The Court found that there was a real risk that […]

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Death of a citizen by a police gunshot. Legal use of violence.

JUDGMENT Mendy v. France 27.09.2018 (no. 71428/12) see here SUMMARY The case concerned the death of a man who was armed with a knife and had failed to heed police warnings while dangerously pursuing another before being shot by the police. The Court concluded from all the circumstances that the police officer’s response had been […]

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φυλακές

Öcalan and Turkish prisons. An unexpected outcome

JUDGMENT  Öcalan v. Turkey  27.09.2018 (no.  12261/10) see here SUMMARY The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation). As regards the allegations of […]

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The witness was thrown out of the police station window. Insufficient investigation regarding his death.

JUDGMENT Gulyan v. Armenia 20.09.2018 (no. 11244/12) see here SUMMARY Examination of witnesses and police station. Death of a person during his examination by the police for a homicide case. Defects in the investigative process and failure to examine the victim’s father’s allegations that his son had been thrown out by the police. The absence […]

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He wanted to save him but he ended killing him

JUDGMENT Stomatii v. the Democracy of Moldova and Russia 18.09.2018 (no. 69528/10) see here SUMMARY Death due to a soldier’s negligence. The soldier in his attempt to save an armed guard from suicide shot him by mistake twice. The responsible soldier was convicted, but the victim’s mother’s damages actions were not successful. Violation of the […]

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Death of a soldier in a military camp

JUDGMENT Kolobychko v. the Republic of Moldova, Russia and Ukraine 18.-9.2018 (no. 36724/10) see here SUMMARY Death soldier during his military service. The soldier left the camp and was found in the river months later. Although the prosecutor initiated a criminal investigation regarding his drowning, he then suspended the case because of the failure to […]

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δικαίωμα στη ζωή

Death from poisoning to a hospital. Insufficient criminal and civil procedures for dealing with medical negligence

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 […]

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Lack of effective investigation into patient’s death in a hospital after surgical procedures

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 […]

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Medical negligence that led to loss of life and the legal exclusion of paying non pecuniary damages to relatives

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 […]

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Investigation of journalist Anna Politkovskaya’s murder failed to look properly into who commissioned the crime

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 […]

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ECHRCaseLaw

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