Article 2

Death of a student. Ineffective research. Termination of a criminal offense and non-attribution of any liability to anyone for his death!

JUDGMENT  Nihat Soylu v. Turkey  11.12.2018 (no. 48532/11) see here    SUMMARY Homocide. Insufficient research. Student had an accident at school. There were delays in the medical treatment of his injury and his transfer from a public hospital to another public hospital. The student was examined but eventually died. The appointed experts considered that there was a […]

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Murder of a Roma family by a police officer. The lenient penalty, the ineffective investigation and non prosecution of the police officer for racist violence violated the right to life

JUDGMENT  Lakatošová and Lakatoš v. Slovakia  11.12.2018 (no. 655/16) see here   SUMMARY The case concerned a shooting spree in 2012 by an off-duty police officer at the home of a Roma family. The two applicants in the case, a married couple, were seriously injured and three members of their family were killed. When questioned […]

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Inability to capture and execute the murderer’s sentence that escaped abroad. Is the state responsible?

JUDGMENT Akelienė v. Lithuania 16.10.2018 (no.  54917/13) see here   SUMMARY The accused was convicted of intentional murder before the Appeals Court and in 14 years’ imprisonment and could not be arrested and the decision executed because he escaped abroad. The authorities took appropriate action to identify it and issued a domestic and European arrest warrant. […]

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Police beating with rubber logs, cigarette burning and torture with electric cables and needles under the nails

JUDGMENT Tsakoyevy v. Russia 02.10.2018 (no. 16397/07) see here SUMMARY Police violence and the death of a suspect for his participation in an armed group. He was beaten with rubber logs, burnt with cigarettes, tortured with electrified cables, and needles were inserted under his nails. Ineffective investigation by the authorities. Violation of the right to […]

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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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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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