Life

δικηγόρος

Acid attack on a woman. Failure of the authorities to conduct an effective investigation. Violation of the procedural aspect of the right to life

JUDGMENT Tërshana v. Albania 04.08.2020 (app. no. 48756/14) see here SUMMARY The case concerned an acid attack on the applicant in 2009. She suspected that her former husband, whom she accused of domestic violence, was behind the attack. The Court found in particular that the State could not be held responsible for the attack. If […]

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Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here   SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

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Unjustified delay of the researches in an attempted homicide. Violation of the procedural part of the right to life

JUDGMENT Danciu and others v. Romania 12.05.2020  (αρ.προσφ.  48395/16)             see here  SUMMARY Right to life and ineffective judicial investigation. Violation of a procedural part of Article 2 of the ECHR. The applicants, relatives of the deceased spouse and their father, complained of a violation of Article 2 due to an ineffective investigation into the circumstances […]

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Commencement of the statute of limitations for civil claims for killings in a military operation due to their widespread disclosure to the media. Violation of the right of access to a court

JUDGMENT Vujnović v. Croatia  (no. 32349/16) see here  SUMMARY The case essentially concerned the civil proceedings for damages following the death of the applicant’s parents during a military operation by the Croatian army in 1993. The applicant’s claim was ultimately dismissed as statute-barred. The applicant argued that the Supreme Court had been inconsistent when deciding […]

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A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

JUDGMENT Makuchyan and Minasyan v. Azerbaijan and Hungary 26.05.2020 (no. 17247/13) see here  SUMMARY The case  concerned the presidential pardon given to a convicted murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence. R.S., a military officer from Azerbaijan, killed an Armenian military officer and attempted […]

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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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