Article 2 Archives - Page 3 of 8

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

Article 2
December 16, 2018 5:59 pm

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 […]

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

Article 14
December 11, 2018 7:53 pm

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 […]

Death of two young children in the sea. Insufficient research. Violation of the right to life.

Article 2
November 8, 2018 1:44 pm

JUDGMENT Hakim Aka v. Turkey 6.11.2018 (no. 62077/08) see here SUMMARY Death of two young children and inadequate investigation of their death. Two children were found dead in the sea with stones in their pockets. One of the children had received messages in Arabic during the Muslim holiday, while in his room was found a […]

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

Article 2
October 17, 2018 6:29 am

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. […]

Can a state be liable when the violation took place prior to the ratification of the ECHR?

Article 2
October 6, 2018 12:17 pm

JUDGMENT Chong and others v. United Kingdom 4.10.2018 (no. 29753/16) see here SUMMARY Ratione temporis.The case concerned the killing of 24 men in December 1948 by British soldiers in the village of Batang Kali in Selangor, which is now a state of Malaysia but at the time was part of the British Empire. The official […]

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

Article 2
October 2, 2018 1:54 pm

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 […]

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

Article 2
September 28, 2018 11:14 am

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 […]

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

Article 2
September 27, 2018 1:59 pm

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 […]

Öcalan and Turkish prisons. An unexpected outcome

Article 2
September 27, 2018 12:16 pm

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 […]

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

Article 2
September 22, 2018 12:16 pm

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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