Article 2 Archives

Death of civilian due to airstrikes in Afghanistan. Extraterritorial jurisdiction of the ECtHR. Non-violation of the procedural part of Article 2 (right to life)

Article 2
27/02/2021 19:15

GRAND CHAMBER JUDGMENT Hanan v. Germany 16.02.2021 (app. no. 4871/16) see here SUMMARY Procedural part of the right to life and jurisdiction of the ECtHR in offenses committed outside the territory of a Contracting State. The case concerned the investigations carried out following the death of the applicant’s two sons in an airstrike near Kunduz, […]

Death of a young man from police violence during an investigation. Violation of procedural and substantive part of the right to life

Article 2
20/02/2021 10:22

JUDGMENT Yukhymovych v. Ukraine 17.12.2020 (app. no. 11464/12) see here SUMMARY Police violence, limits of its exercise, ineffective investigation and right to life. Procedural and substantive part of Article 2 of the ECHR. The applicant’s son was shot dead by police officers during a police investigation into the crime in 1999. The criminal investigation into […]

Refusal to provide medical assistance to a soldier resulting in his death and lack of investigation for accountability. Violation of the right to life

Article 2
20/02/2021 10:10

JUDGMENT Plokhovy v. Russia 22.12.2020 (app. no. 45024/07) see here SUMMARY Right to life and effective research. Procedural and substantive part of the right to life. The applicants’ son died while serving in the army. The deceased was perfectly healthy, but complained strongly about a discomfort, however, he was not immediately provided with medical assistance. […]

Deadly beating of a military man during his arrest. The investigation has been conducted for 12 years without any result by the authority that arrested him. Ineffective research. Violation of the right to life

Article 2
18/02/2021 10:05

JUDGMENT Shavadze v. Georgia 19.11.2020 (app. no. 72080/12) see here SUMMARY Savage beating by the police. Right to life and effective research. The applicant’s husband, an army officer, was arrested for a drug law offense. While trying to escape, he was brutally beaten by the police and passed away. The investigation was carried out by […]

Torture, death, abduction, inhuman and degrading treatment, police brutality against protesters! Multiple convictions for violations of the ECHR

Article 11
09/02/2021 13:43

JUDGMENT Shmorgunov and Others v. Ukraine (applications no. 15367/14 and 13 others), Lutsenko and Verbytskyy v. Ukraine (12482/14 and 39800/14), Kadura and Smaliy v. Ukraine (42753/14 and 43860/14), Dubovtsev and Others v. Ukraine (21429/14 and 9 others) and Vorontsov and Others v. Ukraine (58925/14 and 4 others) 21.01.2021. see here SUMMARY The cases concerned events around […]

Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

Article 10
03/12/2020 16:12

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Article 2
30/09/2020 07:44

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20) PRINCIPAL FACTS The European Court of Human Rights received on the 28-9-2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules […]

Murder of 9 students and a teacher by an armed student. Police inaction to seize the weapon despite alarming indications. Violation of the right to life

Article 2
17/09/2020 16:11

JUDGMENT Kotilainen and others v. Finland 17.09.2020 (app. no. 62439/12) see here SUMMARY The case of Kotilainen and Others v. Finland (application no. 62439/12) concerned complaints about failures by the authorities to protect the lives of the victims of the 2008 school shooting in the town of Kauhajoki, in which 10 people were killed. Nine […]

Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

Article 2
14/09/2020 11:00

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020 (app. no. 69460/12) see here SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

Access to a patient’s medical file and transfer to a foreign hospital. Interim measures and their lift.

Article 2
01/09/2020 10:49

Aleksey Navalnyy v. Russia 21.08.2020 and 24.08.20 SUMMARY Right to life and imminent danger. Request for interim measures so that Russia allows the patient’s family and their authorized doctors to access him and assess whether he is suitable for transport to Germany for treatment. The ECtHR initially accepted the interim measures and when the applicant […]

Article 2