Insufficient investigations into the death of a citizen during a police search. Violation of a procedural part of the right to life

JUDGMENT Jabłońska v. Poland 14.05.202 (no. 24913/15) see here  SUMMARY Proportionality in the use of force by police, effective investigation and the right to life. The applicant’s son was stopped for a routine examination by competent police authorities. He was arrested for carrying two bags of white powder and in an attempt to escape, he […]

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Years of inadequate and ineffective research regarding a killing of a soldier have violated the procedural part of the right to life

JUDGMENT Anahit Mkrtchyan v. Armenia 07.05.2020 (no. 3673/11) see here SUMMARY Death of a soldier. Right to life. Effective research. The applicant is the mother of a soldier who was shot dead while serving in the army. The fatal shooting took place in an office in the presence of 3 eyewitnesses. The investigation was launched […]

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Incorrect installation of gas water heater by a resident and his death. Non-infringement of the right to life

JUDGMENT Vardosanidze v. Georgia 07.05.2020 (no. 43881/10) see here SUMMARY Death due to poisoning after incorrect installation of gas water heater. Right to life. Essential and procedural part. Positive obligations of the state to protect the right to life. The applicant’s son died of carbon monoxide poisoning after reconnecting an incorrectly installed water heater to […]

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Unreasonable use of force to suppress a prison riot. Prisoner death and ineffective research. Violation of the right to life

JUDGMENT Kukhalashvili and others v. Georgia 02.04.2020 (no. 8938/07 and 41891/07) see here SUMMARY The case concerned the death of the applicants’ relatives during a police operation to quell a riot in a prison where they were being held. The Court first of all found various failings in the authorities’ investigation into the circumstances in […]

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The investigation into the injury of a woman by a police officer that lasted more than nine years and the lack of legislation on the use of weapons violated the right to life

JUDGMENT Andreea-Marusi Dumitru v. Romania 31.03.2020 (app. no. 9637/16) see here SUMMARY The case concerned the effectiveness and length of the investigation conducted after the applicant sustained gunshot wounds during a police operation at a goods train depot in November 2005. The Court observed that more than nine years and three months had elapsed between […]

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The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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The fall of a tree on the highway and human death. Violation of the procedural part of the right to life by incomplete investigation in order to attribute liability

JUDGMENT Marius Alexandru and  Marinela Ştefan v. Romania 24.03.2020 (no. 78643/11) see here  SUMMARY Right to life and responsibility of the state. The applicants were on their car traveling on the highway when a tree fell on their vehicle. They were seriously injured while their parents and the applicant’s brother died. The Court reiterates that, […]

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The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

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Serious injury of minor on a construction site. A thorough judicial investigation is required

JUDGMENT Zinatullin v. Russia 28.01.2020 (no. 10551/10) see here   SUMMARY Right to life and judicial protection. Insufficient criminal investigation and inadequate compensation. The applicant, only 14 years old, was seriously injured when he fell through a gap on the floor of an unfinished building near his school. The building belonged to the municipality of his […]

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