Life

Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here  SUMMARY  Road  traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed  heavily into the back of his car shunting it, into the back of a parked  military lorry. He suffered serious injuries and […]

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The inadequate investigation of a patient’s death in a hospital consists of a violation of the right to life

JUDGMENT  Prizreni v. Albania  11.06.2019 (no. 29309/16) see here   SUMMARY Death of a hospitalized patient under non specified conditions. Authorities’  failure to carry out an adequate and effective investigation into the circumstances of the death and his treatment. Protection of life. The applicant’s brother passed away while being hospitalised for serious illness. The forensic investigation […]

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Inadequate and faulty research regarding police officer gunshot during an arrest violated the procedural part of the right to life

JUDGMENT Chebab v. France 23.05.2019 (no. 542/13) see here SUMMARY The applicant was shoot by a police officer during his arrest. Numerous shortcomings in the investigation of the applicant’s allegations, procedural irregularities and loss of significant evidence. Long-term research of eight years. The investigation process was neither timely nor effective. Infringement of the procedural aspect […]

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The deadly shot by an officer has violated the right to life. The inability to claim compensation for mental illness has violated the right to an effective remedy

JUDGMENT  Mirzoyan  v. Armenia 23.05.2019 (no. 57129/10) see here SUMMARY Protection of life. Positive obligation of the state. The applicant’s son served his compulsory military service and was sho by a senior officer on duty. The national courts have rejected the death sentence of the deceased’s father for compensation for mental illness. The European Court […]

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The inconvenience of an academician in the prisons of Azerbaijan. Serious violations of the ECHR

JUDGMENT Mammadov and others v. Azerbaijan 21.02.2019 (no. 35432/07) see here SUMMARY The case Mammadov and Others v. Azerbaijan (application no. 35432/07) concerned an Azerbaijani academic who complained that he had been arrested in 2007, held in unacknowledged detention for 24 hours and then sentenced to 15 days’ administrative detention which he had spent in […]

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Suicide on the train of a voluntarily enclosed patient in a Psychiatric Hospital. Equal protection between voluntary and unvoluntary patients. Legal delays in a new role. The violation of the reasonable time of damages actions for death violates the procedural part of the right to life

GRAND CHAMBER JUDGMENT  Fernandes de Oliveira v. Portugal 31.01.2019 (no. 78103/14) see here SUMMARY The case concerned the suicide of the applicant’s adult son while he was a voluntary inpatient at a psychiatric hospital and the civil proceedings for damages the applicant, his mother, pursued following his death. The Court held that the regulatory framework […]

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The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

JUDGMENT  Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here   SUMMARY  Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

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Death of a three-year-old girl from meningitis that she got in the kindergarten and the examination of the Court

JUDGMENT Plotnikov v. Russia  20.12.2018 (no. 74971/10) see here SUMMARY The case concerned the death of the applicant’s daughter from a meningitis infection and his complaint of the lack of an effective investigation. The Court found that there was no evidence to suggest that the Russian authorities had not met their obligation under Article 2 […]

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