Suicide of soldier and the limits of the state’s responsibility for the ineffective investigation of his death
JUDGMENT
Malik Babayev v. Azerbaijan 01-06-2017 (no. 30500/11)
SUMMARY
Right to investigate suicide of soldier during his term of office. Ineffective research. Azerbaijan’s conviction.
PROVISION
Article 2
PRINCIPAL FACTS
The application of Malik Seyfal oglu Babayev concerned the death of his son during his compulsory military training. Whilst serving as a sniper in the Gadabay region in military unit no.171, Mr Babayev’s son died from a gunshot wound. The authorities found that he had committed suicide.
Relying in substance on Article 2 (right to life), Mr Babayev complained that his son had been driven to suicide as a result of being ill-treated during his military service, and that the State had failed to protect him whilst he was in its total control. Furthermore, Mr Babayev contended that the Government had failed to carry out an effective investigation into the death. The investigation was repeatedly closed and reopened. It was eventually closed permanently, with the finding that the ill-treatment was not established and that Mr Babayev’s son had probably committed suicide because he had been depressed. Mr Babayev claimed that the proceedings had been discontinued in order to avoid harm to the reputation of the Ministry of Defence.
Mr Babayev is an Azerbaijani national who was born in 1966 and lives in Khachmaz (Azerbaijan).
THE DECISION OF THE COURT
No violation of Article 2 (right to life)
Violation of Article 2 (investigation)
Just satisfaction: EUR 15,000 (non-pecuniary damage)
