Life

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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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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Ρομά

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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ECHRCaseLaw
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