Article 2 Archives

The authorities’ ineffective investigation into the death of a prisoner violated the right to life. Torture of an Armenian man in a military police department cell

Article 2
03/02/2020 19:51

JUDGMENT Saribekyan and Balyan v. Azerbaijan 30.01.2020 (no. 35746/11) see here SUMMARY The case concerned the death of the applicants’ son, an Armenian citizen, while in military police detention in Azerbaijan. The European Court of Human Rights held that there had been, by five votes to two, a violation of Article 2 (right to life) […]

Ineffective investigation into two homicides. Non-exhaustion of domestic remedies for failure to apply to a Constitutional Court for compensation of relatives.

Article 2
02/02/2020 16:57

JUDGMENT Kušić and others v. Croatia 16.01.2020 (no. 71667/17), see here SUMMARY In their application to the European Court, the Kušić family alleged that the investigation into the death of their family members had been ineffective and that the domestic remedy suggested by the Government for their grievance, a constitutional complaint, was not effective as […]

Failure to suspend expulsion of an allien following judicial remedies violates the European Convention on Human Rights

Article 2
25/01/2020 15:58

JUDGMENT D. and others v. Romania 14.01.2020 (no. 75953/16) see here SUMMARY The case concerned an order for the expulsion to Iraq of an Iraqi national following his conviction in Romania for having facilitated the entry to Romania of persons involved in terrorist activities (a migrant smuggling offence). The European Court of Human Rights held, […]

Ill treatment of a soldier from a sergeant and from another soldier because he fell asleep on duty consists degrading treatment. Inadequate investigation into same soldier’s death violates procedural aspect of right to life

Article 2
16/01/2020 10:00

JUDGMENT Styazhkova v. Russia 14.01.2020 (no. 14791/04) see here SUMMARY The case of Styazhkova v. Russia concerned the applicant’s allegation that the official explanation of suicide for her son’s death during his military service was not convincing. The European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right […]

The deportation of Iraqi to his country while his life was in danger, violated his right to life and constituted degrading and inhumane treatment.

Article 2
17/11/2019 16:08

JUDGMENT Ν.Α. v. Finland 14.11.2019 (no. 25244/18) see here SUMMARY The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of […]

The expulsion of a Syrian rebel in Syria violates the ECHR due to the risk of being illtreated.

Article 2
14/10/2019 18:59

JUDGMENT O.D. v. Bulgaria 10.10.2019 (no. 34016/18) see here SUMMARY Bulgarian authorities order the deportation of a former Syrian military officer to Syria on the grounds that he was a threat to national security. In particular, the Court found that, given the overall situation in Syria and the personal risk faced by the applicant, it […]

The father’s failure to participate in the investigation regarding his son’s murder by the police violated his right to life.

Article 2
03/10/2019 12:17

JUDGMENT Fountas v. Greece 3-10-2019 (no. 50283/13) see here SUMMARY The police shot the applicant’s son. According to the ECtHR, the national authorities had not dealt with the case to the extent required, although they had fulfilled their obligation to carry out a thorough investigation into the killing, which led to the finding that the […]

Abduction and multi-year detention of a sitizen until his murder. Violation of the right to life due to the failure to conduct effective investigations into the abduction and arrest of abductors and the investigation of the circumstances of the murder.

Article 2
07/09/2019 14:48

JUDGMENT Olewnik-Cieplinska and Olewnik v. Poland 05.09.2019 (no. 20147/15) see here SUMMARY Abduction, detention by the kidnappers for a long time and the killing of the abductee despite the payment of ransom by his relatives. The case concerns the abduction of the applicants’ brother and son. The victim was abducted in 2001, when he was 25 years old. He […]

Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

Article 2
30/08/2019 15:48

JUDGMENT Magnitskiyiy and others v. Russia 27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

Homocide and investigation in order for the case to be solved. The refusal to conduct a second investigation does not constitute a breach of the right to life.

Article 2
02/08/2019 11:27

JUDGMENT Miller v. United Kingdom 25.07.2019 (no. 32001/18) see here SUMMARY 19-year-old murder and investigation. The applicant complained under Article 2 of the ECHR (right to life) that the United Kingdom authorities had not conducted an effective investigation into the killing of his son and other members of the Royal Military Police (RMP) in Iraq […]

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