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213. The applicant contended that there had been a violation of Article <mask> of the Convention by both the Russian and Cypriot authorities on account of the failure of the Cypriot authorities to take steps to protect the life of his daughter and the failure of the authorities of both States to conduct an effective investigation into her death. Article 2 provides, inter alia, that: | 4 |
78. The Government finally submitted that by ordering the applicant’s release they would have breached their positive obligation under Article 3 and possibly even under Article <mask> of the Convention to protect potential victims from further violent offences. According to the findings of the domestic courts, it was very likely that the applicant would commit similar offences as those at issue in the 1996 proceedings before the Munich I Regional Court against his ex-wife or other persons if released. | 4 |
88. The applicants restated their complaint referring directly to Article <mask> of the Convention and argued that Aslanbek Khamidov had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for more than eight years. The applicants submitted that they had not immediately informed the authorities of the kidnapping because in 2000 a large-scale counter-terrorist campaign had been under way in the Chechen Republic and they had feared to leave their village to visit a prosecutor’s office. At the same time they had not had any confidence in the law-enforcement agencies located in the village of Alleroy since those had been responsible for the identity check of 25 October 2000. | 4 |
152. The Government maintained that the criminal proceedings relating to the murder of the applicant's husband had been initiated on 27 February 2001, and the applicant recognised as an aggrieved party within those proceedings. The Government argued that the applicant should have raised her complaint under Article <mask> of the Convention within six months of that date, but had failed to do so. | 4 |
89. The Government did not accept the applicant's claims under Article <mask> of the Convention that her husband was deprived of his life intentionally or by any excessive or unjustified use of force. Indeed, in this case, there was no question of force being used against the applicant's husband. The events which led to his death were simply a tragic accident. It could not have been the intention of the framers of the Convention that Article 2 would come into play wherever there happened to be an accident which was allegedly caused by a person who was acting in an official capacity at the time. Article 2 was therefore not engaged. | 4 |
128. The Government argued that, given the exceptional circumstances of the case, the authorities had carried out an effective investigation and emphasised that every effort had been made by them to identify and punish those responsible, in accordance with the requirements of Article <mask> of the Convention, which did not impose an obligation on the authorities to reach a particular outcome. | 4 |
39. The applicant complained under Article <mask> of the Convention that the gendarmes had acted in complete disregard of the right to life by using explosives and firearms and that it was only by pure chance that he had survived. Under Article 3 of the Convention the applicant further complained that, having been shot at, beaten up and exposed to tear gas, he had been subjected to inhuman and degrading treatment. Relying on Articles 6 and 13 of the Convention, the applicant submitted that his allegations had not been investigated in an effective manner at the national level. | 4 |
118. The applicants further considered that, even under the “new material test” which had been developed and applied in the Chamber judgment, the Court could be competent to examine Russia’s compliance with the procedural obligation under Article 2, assuming that the required new element was not limited to important new evidence becoming known in the post-ratification period but also included new and sufficiently important procedural facts. This test should also encompass cases where the domestic authorities had failed to collect new evidence or where they had adopted conclusions that starkly contradicted previous findings or historical facts. Although a decision to close the investigation was not as such new material for the investigation, it could constitute a new procedural development of relevance in the context of Article <mask> of the Convention, especially since it marked a sudden change in the investigation. Moreover, when a significant portion of the investigation file became classified and the same status was given to the final decision in the investigation, there existed good reasons to presume that the sudden and radical change in the investigation must have resulted from relevant new findings. | 4 |
54. The applicants complained of a violation of the right to life in respect of their relative, Vakhid Musikhanov. They submitted that the circumstances of his disappearance and the long period during which his whereabouts could not be established indicated that Vakhid Musikhanov had been killed by the federal forces. The applicants also complained that no effective investigation had been conducted into the matter. They relied on Article <mask> of the Convention, which reads as follows: | 4 |
35. The applicants complained that Mr Kałucki had been killed in breach of Article <mask> of the Convention. They alleged that the police officers had used machine and other guns from very close range on unarmed men who were panicking because they thought they were being robbed. Thus the police had used lethal force in circumstances where this was not absolutely necessary and in an excessive manner. They also complained that the police operation, which had been initiated on the basis of an unconfirmed anonymous call, was not properly prepared and was badly directed. | 4 |
77. The Government argued firstly that the investigation into the murder of the applicant’s husband was still ongoing, and that therefore the domestic remedies had not been exhausted. They further claimed that the investigation in the present case had met the requirements of effectiveness, enshrined in Article <mask> of the Convention. In particular, the applicant’s complaint concerning the incident of 6 January 2000 had been received by the authorities on 17 February 2000, and the criminal proceedings had been instituted on 27 February 2000, which had been in full compliance with the time-limit established by Article 109 of the Code of Criminal Procedure of 1960 then in force. Also, in the Government’s submission, all measures envisaged in national law were being taken to identify the alleged perpetrator. | 4 |
91. The applicants complained that Amir Magomedov and Ali Uspayev had been arrested by Russian servicemen and then disappeared and that Aslan Dokayev and Rustam Achkhanov had been shot and taken away by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into these matters. They relied on Article <mask> of the Convention, which reads: | 4 |
72. The Government, recounting in detail the facts described above, argued that the various national authorities had done everything they could in the present case and had consistently established the cause of Mr Dejan Petrović’s death. An independent prosecutor had carried out the investigation, and the police officers involved in the investigation had been hierarchically independent and/or superior to the police officers present during the incident. The Government submitted that the investigation into the death of the applicant’s son had consequently fully met the requirements of impartiality and thoroughness laid down in Article <mask> of the Convention. | 4 |
68. The applicants complained that the police had failed to ensure the safety of the participants in the training exercise which had resulted in their son’s death and which they claimed, moreover, was intentional. The applicants further complained that the investigation into alleged negligence on the part of police officers had been very lengthy and inefficient. They invoked Article <mask> of the Convention, which, in so far as relevant, reads as follows: | 4 |
64. The Government contended on one hand that Article <mask> of the Convention was not applicable to the applicants’ complaint concerning the disappearance of their brother and that their complaint under this head must be examined under Article 5 of the Convention. To this end they referred to the case of Kurt v. Turkey, 25 May 1998, §§ 101-09, Reports of Judgments and Decisions 1998‑III. On the other hand, they submitted that the complaint should be rejected as manifestly ill-founded, as the applicants had failed to substantiate their allegations before the Court. Further, the Government submitted that the domestic investigation obtained no evidence that the applicants’ brother had been held under State control or that he was dead. They further noted that the mere fact that the investigative measures employed had not produced any specific results, or had given only limited ones, did not mean that there had been any omissions on the part of the investigative authorities. They claimed that all necessary steps were being taken to comply with the obligation to conduct an effective investigation. | 4 |
70. The applicants also submitted that the doctors had been aware of the patient’s critical condition. Referring to the case of Jasinskis v. Latvia (no. 45744/08, §§ 67-68, 21 December 2010), they argued that the Government were responsible for her death, in that the necessary care had not been provided, and had therefore breached Article <mask> of the Convention in its substantive aspect. | 4 |
23. The applicants complained under Article <mask> of the Convention that their relative had been killed unlawfully by the soldiers. They submitted that the fact that his hunting rifle was still fully loaded at the time of the killing, coupled with the absence of any bullets or bullet cases which might have been discharged from the soldiers’ weapons, had shown that no armed clash had taken place at all. The applicants added that a policy of impunity prevailed in Turkey in respect of breaches of the right to life by law enforcement officials. Everything in this incident indicated that their relative Murat Tekdal had been an innocent civilian. However, in the documents drawn up by members of the security forces attempts had been made to portray Murat Tekdal as a member of an outlawed organisation so that members of the security forces would not be prosecuted and punished. | 4 |
34. The applicant complained that Police Officer Apostolidis had used a weapon during the course of his arrest. He also complained, under the same provision, that the investigative and prosecuting authorities had failed to launch a prompt, comprehensive and effective official investigation into the legitimacy of the use of force by Police Officer Apostolidis. He argued that there had been a breach of Article <mask> of the Convention, which provides: | 4 |
45. The Government submitted that the present application is inadmissible as regards the applicant’s complaints about the alleged violation of Article <mask> of the Convention, on account of the lengthy investigation of the traffic accident which resulted in bodily injuries to the applicant, since this part of the application fell outside the Court’s jurisdiction ratione temporis. The traffic accident took place on 26 January 1993, while the Convention entered into force in respect of Ukraine on 11 September 1997, which was more than four years after the accident. The Government referred to the Court’s decisions in the cases of Moldovan and others v. Romania (no. 41138/98, 13 March 2001), and Kholodovy v. Russia (no. 30651/05, 14 September 2006). | 4 |
58. The applicant complained that all the relevant facts concerning the death of his sister had not been properly established in the unreasonably long criminal proceedings against Dr V.B. The Court, being master of the characterisation to be given in law to the facts of the case, will consider this complaint under Article <mask> of the Convention, the relevant part of which reads as follows: | 4 |
84. The applicants maintained in reply that they had been submitted to ongoing harassment which also included acts of physical violence against the first applicant and verbal violence against both applicants. Such harassment had disrupted their daily lives and caused them a significant level of constant stress and suffering, in particular in view of the first applicant’s medical condition. They argued that the ongoing pattern of harassment and abuse met the requisite intensity standard under Articles 3 and 8 of the Convention and that Article <mask> of the Convention was also applicable given the escalation of violence against the first applicant in view of his extreme vulnerability and also in view of the likelihood, as demonstrated by research on disability hate crime, of low-level harassment turning into full-scale violence if left unchecked, possibly resulting in extreme circumstances in death or severe ill-treatment. | 4 |
129. The applicants argued that it was beyond reasonable doubt that Muslim Nenkayev had been kidnapped by representatives of federal forces. They further stressed that their relative had been abducted in life-threatening circumstances and argued, relying on Article <mask> of the Convention, that the fact that he had remained missing for more than six years proved that he was dead. | 4 |
79. The applicant submitted that the State had violated its procedural obligations under Article <mask> of the Convention by failing to carry out an effective investigation of the circumstances surrounding the applicant’s daughter’s death. Even if a civil remedy would have been an appropriate remedy in this case, the flawed investigation carried out after Y’s death rendered a possible civil remedy ineffective. | 4 |
83. The Government further noted that, following inquiries conducted by the prison administration, the initiation of an investigation had been refused on 10 August 2001. The refusal had been reiterated on 24 August 2001. However, that decision had been quashed by a prosecutor and an investigation had been instituted on 4 June 2002. It had established that the prison officers were not responsible for Mr Shumkov’s suicide. Accordingly, on 28 May 2003 the investigation had been discontinued for lack of corpus delicti. Following the applicant’s appeal against that decision, the domestic courts had found that it was lawful and well-founded since the investigating authorities had established the causes of Mr Shumkov’s death and conducted a proper assessment of the actions of the doctors and prison officers. Therefore, the Government concluded that the investigation had been effective for the purposes of Article <mask> of the Convention. | 4 |
30. The Government further maintained that in the present case, unlike in the case of Osman v. the United Kingdom (28 October 1998, Reports of Judgments and Decisions 1998‑VIII), the State authorities had not known of the existence of a real and imminent risk to the life of the applicants’ relatives. Moreover, D. had not been acting in his official capacity. Although the internal investigation had established “some flagrant violations and shortcomings in the organisation of the working processes of the relevant police department”, the national courts had not established any causal link between these shortcomings and D.’s actions. Therefore, the Government considered that in the present case the State had complied with its positive obligations under Article <mask> of the Convention. | 4 |
59. The applicant complained under Article 2 § 1 of the Convention of the lack of effective and adequate measures taken by the police and prosecutor's office to investigate her son's death. She maintained, in particular, that the Ukrainian authorities had failed to comply with their positive obligation to carry out a proper and comprehensive investigation into the circumstances in which E. had died. She alleged in this respect Article <mask> of the Convention which reads, in so far as relevant, as follows: | 4 |
48. The applicant complained about her father’s death following his arrest by the police and his deprivation of liberty in Argenteuil police station. She argued that the necessary measures for the protection of his right to life had not been taken. She further argued that the investigation into the facts had not been effective. She relied on Article <mask> of the Convention, which reads as follows: | 4 |
40. The applicant complained that the investigation into her son’s death had not met the requirements of effectiveness under Article <mask> of the Convention, given the decision of the prosecuting and judicial authorities not to investigate all aspects of the incident or to attach any responsibility to all of the persons concerned. Article 2 of the Convention reads as follows: | 4 |
74. The Government acknowledged that the State’s duties under Article <mask> of the Convention encompass a positive obligation to take preventive measures in order to protect an individual whose life is at risk from criminal acts of another individual. Nonetheless, Pravieniškės Prison authorities and its medical staff had not been aware of the risk to A.Č.’s life and could not have known that the risk to his life was real and immediate. | 4 |
28. The applicant complained of a violation of Article <mask> of the Convention in that no effective investigation had been carried out into the circumstances of the accident which had resulted in the death of her husband. She also complained of a violation of Article 6 of the Convention, claiming that the criminal investigation of the accident which had caused her husband’s death had not been fair. The Court, however, considers it more appropriate to examine the case solely from the standpoint of Article 2 of the Convention, the relevant part of which reads: | 4 |
30. The Government submitted that the relevant circumstances had been effectively examined at the domestic level and that there had been no procedural violation of Article <mask> of the Convention. They admitted that the civil claim had been closely linked to the determination of the criminal charges against Dr G. However, the civil courts had been prompt in their consideration of the applicant’s claims in a separate set of civil proceedings. | 4 |
99. The Government pointed out that Bulgarian law made provision for “compassionate use” of unauthorised medicinal products. However, they emphasised that such products carried serious risks, which required them to be carefully regulated. The State was entitled to refuse permission for the use of an unauthorised medicinal product, and this did not breach the right to life, but safeguarded it. The positive obligations under Article <mask> of the Convention had limits, and could not exceed what was reasonable. The applicants had been given conventional medical treatment. There was no further duty to allow them to use a product which was not authorised in any member State of the European Union or had not been subjected to a clinical trial. A State could not be obliged to make available all possible drugs, let alone products whose contents and origins were not clearly known, and which had not been authorised in developed countries with strong health care systems. The product at issue did not comply with the requirements for “compassionate use” under Article 83 of Regulation (EC) no. 726/2004. If its producer met the applicable requirements, the authorities could envisage allowing its use in the future. In that sense, the applicants were not left with no hope at all. | 4 |
45. The applicants complained that Mr Mihaylov had been killed by the police in circumstances in which the use of lethal force had not been absolutely necessary. They also complained that the authorities had failed to conduct an effective investigation into that matter. They relied on Article <mask> of the Convention, which, in so far as relevant, provides as follows: | 4 |
51. The applicants alleged that Adnan Yıldırım had been tortured and killed following his abduction by undercover agents of the State or by persons acting under their express or implicit instructions. They also complained that the authorities had failed to carry out an effective and adequate investigation into his killing. The applicants relied on Article <mask> of the Convention, which provides: | 4 |
33. The Government claimed that the applicants’ complaints under Article <mask> of the Convention were incompatible ratione personae with the provisions of the Convention, as the first applicant, who had alone been responsible for the accident that had claimed his wife’s life, could not be considered to have victim status. They further argued that the applicants had failed to exhaust all available domestic remedies in relation to their complaints, as they had not applied to the Supreme Administrative Court for rectification of its decision dated 25 January 2011. | 4 |
89. The applicant complained of a violation of the right to life in respect of her son, Artur Bersunkayev. She submitted that the circumstances of his disappearance and the long period during which his whereabouts could not be established indicated that Artur Bersunkayev had been killed by the federal forces. The applicant also complained that no effective investigation had been conducted into her son’s disappearance. She referred to Article <mask> of the Convention, which reads as follows: | 4 |
148. The applicant submitted that, according to the more recent understanding of Article <mask> of the Convention (she referred to Dodov v. Bulgaria, no. 59548/00, 17 January 2008; Mehmet Şentürk and Bekir Şentürk v. Turkey, no. 13423/09, ECHR 2013; Arskaya v. Ukraine, no. 45076/05, 5 December 2013; Asiye Genç v. Turkey, no. 24109/07, 27 January 2015; and Elena Cojocaru v. Romania, no. 74114/12, 22 March 2016), for the Court to find that there had been a violation of Article 2 under its substantive limb, it had to be established that in concrete terms the promptness and diligence which could reasonably have been expected in the circumstances of the case had been lacking and, further, that this failing had contributed to putting the victim’s life at risk. The applicant noted that in the aforementioned cases the factor which had weighed most heavily in the Court’s judgment was the absence of the timely medical treatment which, in the circumstances of each case, could reasonably have been expected and whose absence had contributed significantly to the chain of events which put at risk the life of patients who, in the end, had died. She stressed that in these various situations the Court had emphasised that there was no call to speculate on what the victims’ chances of survival might have been if the failings identified had not occurred; what counted was the unreasonable risk to which, in the circumstances of each case, the patient had been exposed and which had contributed to the chain of events leading to his or her death. The applicant observed that, in determining the relevant facts, the Court had applied the “beyond reasonable doubt” test, according to which the requisite proof could follow from a sufficiently persuasive combination of inferences and presumptions. She submitted, contrary to the Portuguese Government’s view, that the Chamber judgment provided a concrete application of these principles to the facts of the case. The applicant emphasised in this connection that the Court had subsequently applied the same principles in the Elena Cojocaru case, cited above. | 4 |
34. The applicant complained under Articles 2 and 13 of the Convention that her son had been killed as a result of the unnecessary use of firearms by a State agent and that the authorities had failed to conduct an effective investigation into her son’s death. The Court will examine the present complaint under Article <mask> of the Convention, which provides as follows: | 4 |
93. The Government considered that, given the leading judgments delivered by the Court in the case of the Association “21 December 1989” and Others (cited above), it was clear that every similar case which satisfies the admissibility criteria could raise a problem under the procedural limb of Article <mask> of the Convention. However, the Court should note that, following that judgment, the Government had undertaken steps to redress the situation in line with the action plan submitted to the Committee of Ministers on 24 July 2012. In such circumstances, the allegations made by the applicants should only be considered from a purely historical standpoint. | 4 |
35. The Government submitted that the “TRNC” authorities had been fully justified under paragraph 2 of Article <mask> of the Convention in taking all necessary precautions and using necessary force in order to avert the danger and protect the lives of others. An assembly of 150 persons throwing missiles at a patrol of soldiers to the point that they risked serious injury had been considered a “riot” by the Commission in the case of Stewart v. the United Kingdom (no. 10044/82, Commission decision of 10 July 1984, Decisions and Reports (DR) 39, p. 162). In that case, the Commission had also pointed out that the authorities had no obligation to retreat when quelling a riot. In any event, as no death had occurred in the present case, there could be no question of a violation of Article 2. The positive obligations arising from this provision entailed protecting “by law” the right to life, and there was no allegation that the laws of the “TRNC” failed to afford such protection. | 4 |
74. The applicant disputed that objection. He claimed that the fact that the investigation into the circumstances of the disappearance and death of his son was still pending cast doubt upon its effectiveness and that, in any event, he had not been informed of the conduct of the investigation, and therefore had been unable to appeal in time against decisions taken in the context of the investigation. The applicant also contended that the Government had not demonstrated that the remedies to which they had referred were effective and, in particular, were capable of leading to the identification and punishment of those responsible, as required by the Court's settled case-law in relation to complaints under Article <mask> of the Convention. | 4 |
13. The applicants complained that the domestic authorities had not carried out within a reasonable time an effective investigation into the events of December 1989 which occurred in Bucharest, Slobozia, Târgoviște and Reșița, during which they were injured from gunfire or their close relatives were killed. They relied on Article <mask> of the Convention. In so far as relevant, this provision reads as follows: | 4 |
47. The Government, acknowledging their positive obligation under Article <mask> of the Convention to take appropriate steps to safeguard the lives of those within their jurisdiction, submitted that – as radio and power lines constitute a source of increased danger – special instructions, rules and regulations regulate such installations in order to ensure adequate safety standards. The prescribed inspections and maintenance on the installation at issue in the present case were carried out within the defined intervals, and the necessary repairs were made. Before the incident of 19 July 2001, none of the users had complained of any power failures. However, an exceptional situation had arisen in that, some days before the incident, a severe thunderstorm had damaged numerous radio and power lines in the region. In this connection, the Government submitted – referring to the evidence given by a number of Ayvove villagers in the domestic proceedings – that the radio wire had broken on 18 July 2001 and not on 5 July 2001 as alleged by the applicant. As nobody had reported the damaged wire to the authorities or requested its repair, the Network had remained unaware of the problem at the material time. | 4 |
116. The applicants complained that the authorities had failed to comply with their positive obligations to take appropriate measures to mitigate the risks to their lives against the natural hazards. The first applicant complained that the domestic authorities were responsible for the death of her husband in the mudslide of July 2000. She and the other applicants also complained that the domestic authorities were responsible for putting their lives at risk, as they had failed to discharge the State's positive obligations and had been negligent in the maintenance of the dam, in monitoring the hazardous area and in providing an emergency warning or taking other reasonable measures to mitigate the risk and the effects of the natural disaster. They also complained that they had had no redress, in particular they had not received adequate compensation in respect of their pecuniary and non-pecuniary damage. They relied on Article <mask> of the Convention which, in so far as relevant, provides: | 4 |
71. The applicants complained that the State authorities had not undertaken reasonable and adequate steps to protect the life and health of V.P. and that the State had not provided sufficient explanation of V.P.’s death. Alleging that the investigation into the latter’s death had been carried out by an internal department of the Ministry of the Interior and by the police units implicated in his death or stationed in the area, the applicants also complained that no effective and independent investigation had been carried out on the authorities’ own initiative. According to them, the State authorities had not started investigations of their own motion. Indeed, the officer who had arrived at the scene of incident had stopped the investigation too quickly and with no plausible reason. The Supervision Department had only started to act upon filing of a criminal complaint by the applicants. The applicants further complained of various shortcomings during the investigations which had been led with insufficient diligence and promptness. Furthermore, the applicants had been repeatedly denied access to the investigation file and had had no adequate remedy in respect of the breaches of their rights under the Convention. The applicants relied on Article <mask> of the Convention which reads as follows: | 4 |
46. The applicant complained that the authorities had failed to protect the life of her son and were responsible for his death. She also complained that the investigation into her son's death had not been adequate or effective, as required by the procedural obligation imposed by Article <mask> of the Convention. This provision reads in its relevant part as follows: | 4 |
45. The Government submitted firstly that the applicant had failed to properly exhaust the available domestic remedies. Referring to the Court’s case-law on the subject of the State’s positive obligations under Article <mask> of the Convention, they argued that the criminal-law avenue was not the one to be pursued by the applicant. On this point the Government admitted that within the framework of criminal proceedings the applicant had brought a civil action, and had been recognised as a civil claimant who had suffered pecuniary and non-pecuniary damage. However, in each of the subsequent decisions to discontinue the criminal investigation of the death of the applicant’s son the prosecutors suggested that she bring a separate civil claim against the Vilnius city municipality under Article 6.266 of the Civil Code. Moreover, by a decision of 3 July 2008 and subsequent decisions the prosecutors established that the Vilnius city municipality had been the de facto owner of the derelict building the collapse of which had caused the death, and that it thus had absolute liability. Referring to the practice of the Lithuanian courts (see paragraphs 40-42 above), the Government thus insisted that Article 6.266 of the Civil Code was an effective remedy the applicant should have pursued. Whilst noting that the pre-trial investigation did not establish physical persons liable for the accident, the Government also argued that the applicant could have alternatively claimed redress for the damage on the basis of Article 6.271 of the Civil Code, which sets forth a more general provision, namely liability to compensate for damage caused by unlawful actions of institutions of public authority. Again, the applicant could have relied on the prosecutor’s conclusion that the Vilnius city municipality, which had learned about the poor state of the building in question in 2004, did not act promptly enough to eliminate the threat. Even so, the applicant had never lodged any separate civil claim under the rules of civil procedure in respect of the damage caused by her son’s death. | 4 |
36. The Government further submitted that the applicant’s detention and his subsequent placement in a disciplinary cell had been lawful, having complied with the provisions of national law laying down responsibility for disciplinary offences committed by servicemen. The use of force by Mr L. had been absolutely necessary to prevent the escape of the applicant’s son, who had been lawfully detained. Thus, Mr Putintsev’s loss of life could not be regarded as having been in contravention of the Convention, being covered by the exception in subparagraph (b) of paragraph 2 to Article <mask> of the Convention. The Government insisted that, having decided to abscond and having refused to comply with the order to stop, Mr Putintsev had himself placed his life in imminent danger. He had been warned and he had fully understood the consequences of his actions. The deadly force had been used for a lawful purpose and had been a measure of last resort. The Russian Federation could not therefore be held responsible for Mr Putintsev’s death. | 4 |
44. The Government submitted that the criminal investigation was carried out comprehensively and promptly. The national authorities had taken necessary steps in order to collect the evidence and to establish the circumstances of the applicant’s husband’s death. Certain delays during the proceedings had not been attributable to the State. The procedural requirements of Article <mask> of the Convention had been complied with. | 4 |
196. The applicants stressed that their relatives, Serdar Tanış and Ebubekir Deniz, had disappeared in circumstances in which their lives were in danger. They submitted that account should be taken not only of the specific context in which the men had disappeared, but also of the broader context of a large number of such disappearances in the province of Şırnak. In their submission, there had been a grave violation of Article <mask> of the Convention, as the Government had been unable to furnish a plausible explanation for their disappearance. | 4 |
162. The applicant asked the Court to find a violation of Article <mask> of the Convention on the ground that the investigation into the disappearance and the subsequent killing of her husband had been so fundamentally flawed as to amount to a failure to comply with the procedural requirements of that provision. The applicant identified, in particular, the following shortcomings in the investigation into the killing of her husband: | 4 |
125. The applicants submitted that the domestic authorities had never informed them of any orders or decisions introducing a curfew and stressed that the Government had failed to produce any documents which would confirm that a curfew had been introduced in the Chechen Republic or indicated either its start or end dates or the conduct to be adopted by the local population in that connection. They furthermore argued that the documents submitted by the Government suggested that Z. had not been entitled to stop and inspect civilian vehicles and that he had acted in excess of his powers, which fact had been indicated by higher-ranking prosecutors. Moreover, there was no indication that the servicemen under his command had been entitled to stop and inspect the vehicle. It followed from the statement by A.K. that the incident had taken place when it had been dark and accordingly the passengers of the VAZ-2109 car could hardly have seen any signals to stop allegedly made by the servicemen. Moreover, the statement by A.K. that he had fired two warning shots was contradicted by the statements of K.M. and the third applicant, who submitted that the servicemen had directly shot at the vehicle and that they had not heard any single shots but continuing bursts of automatic gun fire coming from the side of the servicemen. During the first minutes after the skirmish a police officer had inspected the vehicle but no weapons or ammunition had been discovered in it. Moreover, it had been inspected again on 24 October 2001 and no spent cartridges or guns had been found close to it. Hence, the allegation that the vehicle passengers had fired at the servicemen did not stand up. More importantly, all the spent cartridges seized from the crime scene were found on the side of the road where the servicemen had been stationed. In sum, the applicant claimed that the death of their relative had been in breach of Article <mask> of the Convention. | 4 |
37. The Government acknowledged that Article 201 of the Statute of Garrison and Sentry Service, in force at the material time, had not indicated that the use of force had to be absolutely necessary. However, that legal norm had indicated that deadly force could only be used in specific cases and as a measure of last resort. The Government observed that the wording of Article 201 of the Statute had afforded the same level of protection of the right to life as Article <mask> of the Convention. They further noted that in assessing the circumstances of the case the Court should not overlook the fact that the events in question had occurred in the army, a very specific setting characterised by extreme limitations on the rights and freedoms of individuals performing military service. The specific responsibilities of servicemen to respect discipline and the regulations of the Statute of Garrison and Sentry Service, as well as the fact that military service was inherently characterised by unquestionable compliance with orders of higher-ranking officers, had justified the use of deadly force against a serviceman to prevent his escape. | 4 |
119. The applicants argued that the treatment to which the first applicant and Mr Bashir Velkhiyev had been subjected should be characterised as torture. To support their argument they referred to the severity of the injuries both of them had sustained and which in Mr Bashir Velkhiyev’s case had resulted in death. The applicants also contested the Government’s assertion that the investigation had been effective, on the same grounds as set out in paragraph 94 above in relation to Article <mask> of the Convention. | 4 |
160. The Government maintained that the State had not been liable for the death of Aslan Maskhadov and that the investigation had fully complied with the requirements of the procedural aspect of Article <mask> of the Convention. The Government reiterated their earlier request to declare the case inadmissible as the applicants had failed to exhaust the domestic remedies by bringing court proceedings under Articles 123 and 125 of the Code of Criminal Procedure in respect of the relevant decisions and replies of the investigation authorities. They pointed out that copies of the case-file materials and documents could have been obtained by the applicants if they had made the relevant requests before the courts. | 4 |
52. The Government referred to the fact that in April 2009 the applicant had received compensation in an amount equivalent to about EUR 7,066 at the time. As to the procedural aspect of Article <mask> of the Convention, it is noted that the civil courts explicitly dismissed the applicant’s arguments supporting her monetary claim on the grounds of an ineffective investigation. As to the substantive aspect of Article 2, it is sufficient for the Court to observe that this amount is substantially less than it has awarded in similar cases (see Nagmetov v. Russia [GC], no. 35589/08, § 92, 30 March 2017; Maslova v. Russia, no. 15980/12, §§ 61-62 and 106, 14 February 2017; Lykova v. Russia, no. 68736/11, § 135, 22 December 2015; Rudakov v. Russia, no. 43239/04, §§ 71-73, 28 October 2010; and Zelenin v. Russia, no. 21120/07, § 79, 15 January 2015; see also paragraph 114 below). Given that − as established by the Court below − the investigation into the circumstances leading to the victim’s death was ineffective and that the compensation awarded was insufficient, the applicant had and continues to have standing to complain about a breach of the substantive limb of Article 2 of the Convention (see Nagmetov, § 89, with further references). Accordingly, the Government’s objection must be dismissed. | 4 |
126. The applicant complained that her husband was killed in circumstances indicating that agents of the Turkish State were in one way or another involved. She further complained of a failure by the authorities to protect her husband's life and to carry out an effective and adequate investigation into his killing. She relied on Article <mask> of the Convention, which reads as follows: | 4 |
73. The applicants submitted that there was overwhelming evidence to conclude that Nura Luluyeva had been deprived of her life by State agents in circumstances that violated Article <mask> of the Convention. They argued that she had been detained on 3 June 2000 during a “mopping-up” operation in Mozdokskaya Street in the northern part of Grozny and then killed. They relied on the findings of the investigation that she had been detained by a group of armed men who forced her into an APC – a military vehicle. They referred to the witnesses' statements and to the information received from the officials of the Leninskiy VOVD about the hull number of that APC. They further argued that the discovery of her body in a mass grave in close proximity (less than one km) to a large military base in Khankala, access to which was restricted almost exclusively to Russian military forces, confirmed the participation of State agents in the killing of Nura Luluyeva. The applicants further noted that the authorities had failed to provide an explanation or an alternative version of the events. | 4 |
63. The Government raised two combined preliminary objections. On the one hand they contested the Court’s competence ratione temporis to examine the applications under the procedural head of Article <mask> of the Convention and, on the other hand, they argued that the applications had been lodged out of time, as the applicants had lacked diligence both before the domestic authorities and the Court. | 4 |
122. The applicant also submitted that there had been a violation of Article <mask> of the Convention on account of the State's failure to carry out an adequate and effective investigation into his son's death. In support of his allegation the applicant contended, in particular, that the autopsy carried out on the body of his son was wholly inadequate, that there had been a failure to properly inspect the crime scene at the petrol station as well as a failure to keep custody records in relation to Kadri Ateş, and, finally, that the Prosecutor had failed to take statements from a number of potentially important witnesses. | 4 |
69. The Government submitted that the investigation had been conducted by independent prosecution agencies (see Gülec v. Turkey, no. 21593/93, 27 July 1998, Reports 1998-IV, §§ 81-82, and Öğur v. Turkey [GC], no. 21594/93, 20 May 1999, §§ 91-92, ECHR 1999-III) and that it had been prompt and expedient, having started on the very day of the explosion (see Cakici v. Turkey [GC], no. 23657/94, 8 July 1999, ECHR 1999-IV, §§ 80, 87, 106; Tanrikulu v. Turkey [GC], no. 23763/94, 8 July 1999, ECHR 1999-IV, § 109; and Mahmut Kaya v. Turkey, no. 22535/93, 28 March 2000, ECHR 2000-III, §§ 106-107). In order to identify the persons involved in the explosion, the preliminary investigation team had demonstrated a sufficient effort to allow it to assert that the authorities of the Russian Federation had fulfilled their positive obligation to conduct an effective investigation as required by Article <mask> of the Convention (see Tahsin Acar v. Turkey, no. 26307/95, 8 April 2004, § 220). | 4 |
51. The applicants complained about the killing of their father and deficiencies in the investigation in that respect. They also claimed that their father had been killed because of his Serbian ethnic origin and that the national authorities had failed to investigate that factor. The applicants further complained that they had no effective remedy at their disposal in respect of the alleged violation of Article <mask> of the Convention. They relied on Articles 2, 13 and 14 of the Convention. The Court, being master of the characterisation to be given in law to the facts of the case, will examine this complaint under Article 2 of the Convention alone which, in so far as relevant, reads as follows: | 4 |
45. The applicants alleged that the killing of their son had been the result of deliberate acts by members of the Turkish armed forces. The circumstances of the case strongly suggested that the persons who shot Stelios Kalli Panayi had intended to kill him. Moreover, even assuming that this had not been the case, the use of force had not been “absolutely necessary” within the meaning of Article <mask> of the Convention. In this connection the applicants emphasised the following: | 4 |
48. The applicant complained under Article <mask> of the Convention that his brother, Mr Abubakar Tsechoyev, had been abducted and subsequently deprived of his life by State agents and that the domestic authorities had failed to carry out an effective investigation of the matter. He also alleged that the domestic investigation’s failure to take rapid and effective measures amounted to a violation of the obligation to protect Mr Abubakar Tsechoyev’s life. The applicant further claimed that he had no effective domestic remedies against the above violations. Articles 2 and 13 of the Convention read, in so far as relevant, as follows: | 4 |
79. The Government acknowledged that the applicants' eight relatives had been abducted from their homes and later found dead. They argued, however, that the Russian authorities were not responsible for the actions of the unidentified persons who had abducted the applicants' eight relatives and that the investigation had not obtained any evidence to the effect that representatives of the federal armed forces or law-enforcement agencies had been involved in the imputed offence. They submitted that the applicants' relatives could have been abducted and killed by members of illegal armed groups, since some of them, for example Apti Murtazov, had cooperated with authorities during the armed conflict in Chechnya in 1996. The Government argued therefore that there were no grounds to claim that the right to life of the applicants' eight relatives secured by Article <mask> of the Convention had been breached by the State. | 4 |
111. The applicants Mr and Mrs Vlase alleged that their son, Nicuşor Vlase, was killed at the end of the December 1989 following the use of lethal force by State agents. They criticised the relevant authorities for failing to conduct an effective, impartial and thorough investigation, capable of leading to the identification and punishment of those responsible. In that respect, they submitted that the criminal investigation concerning their allegations of an infringement of the right to life was still pending, and complained about the Romanian authorities’ lack of diligence. They also complained about the draft amnesty law in respect of acts imputed to servicemen in the Armed Forces which occurred at the time of the events of December 1989, transmitted on 18 July 2008 to the military prosecuting authorities at the High Court of Cassation and Justice, for consultation, by the Legal Directorate at the Ministry of Defence. They relied on Article <mask> of the Convention, which provides: | 4 |
15. The Government contended that the application was out of the Court’s temporal jurisdiction because the event in question had taken place on 12 December 1996, whereas Croatia had only ratified the Convention on 5 November 1997. Because the State’s procedural obligation under Article 2 had been to conduct an effective investigation, which in the instant case had ended on 3 July 1997, the applicants’ complaints did not fall within the Court’s temporal jurisdiction. On the same grounds the Government argued that the application had been lodged out of the six-month time-limit because that six-month period was to be calculated as starting at the end of the police enquiry. The civil proceedings instituted by the applicants were irrelevant since such proceedings did not constitute an adequate response to the alleged violation under Article <mask> of the Convention. | 4 |
201. The Government contested that allegation. Relying on Andronicou and Constantinou v. Cyprus (9 October 1997, § 171, Reports of Judgments and Decisions 1997‑VI), they argued that the use of force by the police was compatible with Article <mask> of the Convention, which allowed the use of force which could lead to the unintentional deprivation of life. It was likewise in accordance with section 14 of the Law on Police, which authorised the police to use force and special tools in particular situations. As it had been established that at the time of the events Mr Shchiborshch had posed a danger to himself and others, and had resisted the lawful demands of the police, the use of force had been justified. Furthermore, it had also been established that a number of his injuries, including those leading to his death, had been self-inflicted either intentionally or negligently through actions resulting from his mental state. | 4 |
43. The applicants in the instant case did not contest the domestic courts’ finding that the first applicant bore the primary responsibility for the occurrence of the accident. They nevertheless made two claims which may engage the respondent State’s concurrent responsibility for the death under Article <mask> of the Convention. They firstly claimed that the result of the traffic accident in question had been significantly aggravated due to the defective state of the crash barrier, which had failed to stop the car falling down into the canal, and to possible structural problems with the road. They secondly argued that neither of those contentious matters had been duly examined by the İzmir Administrative Court, which had not even ordered an expert report to assist with the determination of such technical matters. | 4 |
31. The Government stressed that in the course of the domestic investigations it had been established that driver Br. had not been working for the police at the time of the accident. The Government contended that acts committed by a private individual could not in any way engage the State’s liability under the substantive limb of Article <mask> of the Convention. | 4 |
49. The applicant complained that her husband died as a result of the insufficient health care during his detention in St Petersburg and the conditions of his detention and of his transportation to Moscow. She further complained that no adequate and effective investigation was conducted into her husband’s death. She argued that there has been a violation of Article <mask> of the Convention, which reads, as far as relevant, as follows: | 4 |
160. The applicant alleged that his two sons had been taken away by the security forces and that it must be presumed that they were now dead in circumstances for which the authorities were responsible. He complained that no meaningful investigation had been carried out into the disappearance and subsequent death of his sons. He invoked Article <mask> of the Convention, which provides: | 4 |
49. The Government further submitted that since the applicant had failed to institute separate civil proceedings against K, as the owner of the car, “any of his civil-law claims under Article <mask> of the Convention were inadmissible in view of his failure to exhaust domestic remedies prior to his application to the Court”. In their further observations the Government added that after K’s death such a civil claim could be lodged by the applicant against “the owner of the vehicle”. | 4 |
53. The Government argued further that the applicants had not complied with the six-month time-limit. In this connection they contended firstly that the applicants had not reported the killing of Milan Zdjelar to the relevant authorities for almost six years. Moreover, the applicants should have become aware of the deficiencies in the investigation no later than 2004, when they lodged their civil action for damages, in which it was alleged that the Republic of Croatia was responsible for the war crimes committed by members of the Croatian Army. Further to this, the criminal complaint lodged on 29 May 2005 had been the result of their frustration at the lack of results in the investigation, in connection with which one of the applicants, Dragica Zdjelar, had been interviewed by the police on several occasions. Also, the applicants’ application to the Court was linked to their civil action for damages, but these proceedings could not be taken into account in connection with their complaint under Article <mask> of the Convention. | 4 |
105. The applicants maintained their complaints. They submitted that the arrest operation carried out by the FSB servicemen had not been properly planned. Referring to the case of Karagiannopoulos v. Greece (no. 27850/03, § 61, 21 June 2007), they emphasised that the very fact that Beslan Arapkhanov’s handcuffs had been removed demonstrated the failure to organise the operation in a manner compatible with the requirements of Article <mask> of the Convention. | 4 |
313. The Government contended, on the one hand, that Article <mask> of the Convention was not applicable to the applicants’ complaints concerning the disappearance of their relatives and that their complaints under this head must be examined under Article 5 of the Convention. To this end they referred to the case of Kurt v. Turkey (25 May 1998, §§ 101‑09, Reports of Judgments and Decisions 1998‑III). On the other hand, they submitted that the complaints should be rejected as manifestly ill-founded, as the applicants had failed to substantiate their allegations before the Court. Further, the Government submitted that the domestic investigations had obtained no evidence that the applicants’ relatives had been held under State control, or that they were dead. They further noted that the mere fact that the investigative measures employed had not produced any specific results, or had yielded only limited results, did not mean that there had been any omissions on the part of the investigative authorities. They claimed that all necessary steps were being taken to comply with the obligation to conduct an effective investigation. | 4 |
64. The Government accepted that, in the light of the Court's previous judgments (Hugh Jordan v. the United Kingdom, no. 24746/94, 4 May 2001, McKerr v. the United Kingdom, no. 28883/95, ECHR 2001-III, Kelly and Others v. the United Kingdom, no. 30054/96, 4 May 2001, and Shanaghan v. the United Kingdom, no. 37715/97, 4 May 2001), the RUC investigation, the inquest and the Stevens inquiries did not cumulatively satisfy the procedural requirement imposed by Article <mask> of the Convention. They pointed out, however, that the reports following the first and second Stevens inquiries were not made public as this would have prejudiced national security. | 4 |
86. The Government argued that the investigation into the disappearance and murder of the applicants' relatives met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify those responsible. They submitted that the investigation was being carried out in full compliance with the domestic law and that a large number of investigative actions had been taken, including inspection of the crime scenes at the houses from which the applicants' relatives had been abducted, medical examination of the corpses and the sending of numerous enquiries to the federal military and security agencies to verify the possible involvement of federal servicemen in the imputed offence. The Government thus insisted that they had fulfilled their procedural obligation under Article <mask> of the Convention. | 4 |
224. The applicant claimed that Cyprus and Russia had violated their obligations under Article <mask> of the Convention to conduct an effective investigation into the circumstances of Ms Rantseva’s death. He pointed to alleged contradictions between the autopsies of the Cypriot and Russian authorities (see paragraph 50 above) and his requests to Cyprus, via the relevant Russian authorities, for further investigation of apparent anomalies, requests which were not followed up by the Cypriot authorities (see paragraphs 52 and 62 above). He also complained about the limited number of witness statements taken by the police (see paragraphs 31 and 33 above), highlighting that five of the seven relevant statements were either from the police officers on duty at Limassol Police Station or those present in the apartment at the time of his daughter’s death, persons who, in his view, had an interest in presenting a particular version of events. The applicant further argued that any investigation should not depend on an official complaint or claim from the victim’s relatives. He contended that his daughter clearly died in strange circumstances requiring elaboration and that an Article 2-compliant investigation was accordingly required. The Cypriot investigation did not comply with Article 2 due to the inadequacies outlined above, as well as the fact that it was not accessible to him, as a relative of the victim. | 4 |
135. The applicant claimed the following amounts in respect of non-pecuniary damage: EUR 100,000 on account of the violation of Article <mask> of the Convention in respect of her husband; EUR 25,000 on account of the suffering she had endured as a result of the loss of her husband, the indifference shown by the authorities towards him and the failure to provide any information about his fate; and EUR 25,000 on account of the violation of Article 5 of the Convention in respect of her husband. | 4 |
94. The Government argued that there were no grounds to hold the State responsible for the alleged violations of Article <mask> of the Convention in the present case. They contended that there was no conclusive evidence that the applicants' relatives were dead and that the investigation had obtained no evidence that representatives of the State had been involved in the abduction of the Yansuyev brothers. They referred, in particular, to the replies of various State bodies obtained by the investigating authorities stating that none of those bodies had detained the Yansuyev brothers or brought criminal proceedings against them, and that they had not been detained in any detention centres. | 4 |
255. The applicants maintained their complaint, alleging that their relatives had been abducted and intentionally deprived of their lives in circumstances violating Article <mask> of the Convention. They furthermore argued that the investigation into the incidents had fallen short of the standards set down in the Convention and national legislation. Lastly, they noted that in breach of Articles 34 and 38 of the Convention the Government had failed to duly comply with the Court’s request for the investigation files. | 4 |
146. The Government referred to the results of the forensic examination according to which the remains of Mr Aslan Akhmadov, Mr Said-Selim Kanayev, Mr Amir Pokayev, Mr Islam Chagayev and Mr Ibragim Magomadov had been found at the cemetery where the bodies of the illegal armed groups’ members killed on 7 and 9 March 2002 had been buried. They submitted that the above persons had been members of paramilitary groups and had resisted the representatives of federal forces with arms and that the latter had had to apply force in response which had led to the killing of those persons. The Government stated that the special operation conducted in Stariye Atagi between 6 and 13 March 2002 had been properly planned and carried out by competent State bodies in compliance with the applicable legislation, in particular, with Federal Law no. 130-FZ of 25 July 1998 on the Suppression of Terrorism. They further submitted that the force applied had been “absolutely necessary” within the meaning of Article <mask> of the Convention and, therefore, there had been no breach of the above provision. | 4 |
62. The Government argued that the domestic authorities had set up an adequate legal framework for protecting patients’ lives, for regulating the medical profession and for punishing any faulty behaviour. They underlined that all medical documents and reports had shown that the applicant’s son had been given the appropriate treatment and that no medical errors had been made in the case. Lastly, the Government contended that the criminal investigation had been comprehensive and thorough, in compliance with the requirements of Article <mask> of the Convention. At the initial phase of the investigation the authorities might not have gathered all the evidence considered necessary by the domestic courts, but had nevertheless fully complied with the instructions given by the courts. | 4 |
87. The Government indicated that no direct reference to Article <mask> of the Convention had been made in the application form submitted by the applicants. Further, they contended that the domestic investigation had obtained no evidence to the effect that Aslanbek Khamidov was dead or that any State servicemen had been involved in his kidnapping or alleged killing. The Government pointed out that the applicants’ failure to promptly inform the authorities of the crime had entailed destruction of evidence and rendered the investigation more complicated. In sum they claimed that the investigation into the kidnapping of the applicants’ relative met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify the perpetrators. | 4 |
55. The applicant invoked Articles 2, 3 and 6 of the Convention. However, since it is master of the characterisation to be given in law to the facts of the case (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, §§ 114 and 126, 20 March 2018), the Court considers that the applicant’s complaints should be examined only under Article <mask> of the Convention. | 4 |
212. The Government conceded that the proceedings had been lengthy. However, they considered that this had not stood in the way of effective observance of the procedural obligation. They argued that the length of the criminal and civil proceedings and those before the IGS could be attributed precisely to the efforts made by the competent authorities to address with rigour all the facts of the case and all the doubts expressed by the applicant. In such circumstances, the Government considered that the duration of the proceedings could not be a ground for finding a violation of the procedural obligation under Article <mask> of the Convention. At most, they argued, the lengthy proceedings might breach Article 6 § 1 of the Convention, which was incidentally the complaint lodged by the applicant. | 4 |
125. The applicants each claimed: 30,000 euros (EUR) in respect of non-pecuniary damage as regards the procedural aspect of Article <mask> of the Convention; EUR 10,000 in respect of non-pecuniary damage as regards the procedural aspect of Article 14 of the Convention; EUR 10,000 in respect of non-pecuniary damage as regards Article 13 of the Convention; EUR 10,000 in respect of non-pecuniary damage as regards Article 6 § 1 of the Convention; EUR 10,000 in respect of non-pecuniary damage as regards Article 1 of Protocol No. 1; and HRK 26,250 (about 3,500 euros) in respect of pecuniary damage as regards Article 1 of Protocol No. 1. | 4 |
30. The applicants complained, under Article <mask> of the Convention, that the failure of the relevant State authorities to take the necessary protective measures in respect of the road in question, such as repairing the damaged roadside barrier, had aggravated the outcome of the accident and had resulted in the death of their wife and mother, Yeşim Çakır. They stressed in this connection that some time after the accident, the authorities had not only repaired the barrier, but had added another tier, in order to increase its capacity to protect against cars leaving the road. | 4 |
58. The Government asserted that that remedy had been effective and adequate in terms of the positive obligations under Article <mask> of the Convention (see Calvelli and Ciglio, cited above) and that the applicant had, through her own inaction or negligence, deprived herself of a remedy which had nonetheless been available to her for four years from the time when the damage had occurred, and in respect of which she could have received advice from her lawyers. In Calvelli and Ciglio there had been no doubt that Article 2 of the Convention was applicable to a newborn child. In the instant case, in which the applicability of Article 2 was questionable, there were therefore additional reasons for considering that the possibility of using civil or administrative remedies to establish liability was sufficient. In the Government’s submission, such an action for damages could have been based on the taking of the life of the child the applicant was carrying, since the relevant case-law of the administrative courts did not appear thus far to preclude the possibility of affording embryos protection under Article 2 of the Convention (Conseil d’Etat (full court), Confédération nationale des associations familiales catholiques et autres, judgment of 21 December 1990 – see paragraph 47 above). At the material time, in any event, the issue had not been clearly resolved by the Conseil d’Etat. | 4 |
26. The Government argued that the use of force by the soldiers had been justified under paragraph 2 of Article <mask> of the Convention and lawful under the national legislation because the soldiers had thought that they had encountered members of a terrorist organisation and had returned fire to apprehend the terrorists and to protect themselves from the fire opened by the terrorists. | 4 |
202. The applicant further alleged that the level of scrutiny that the domestic courts applied to a decision not to prosecute was incompatible with Article <mask> of the Convention. This was because, pursuant to the dicta in Manning, even if a court considering a claim for judicial review concluded that a prosecution was likely to succeed, it would only have to order such a prosecution if there had been an error of law. Such an approach was inconsistent with Article 2 of the Convention. | 4 |
83. The applicants claimed BGN 10,000 for the non‑pecuniary damage sustained by Mr Nikolov on account of the alleged breach of Article <mask> of the Convention and BGN 10,000 for the non-pecuniary damage suffered by him on account of the alleged breach of Article 3 of the Convention. Ms Nikolova further claimed BGN 50,000 for the anguish which she had experienced as a result of Mr Nikolov's death. She submitted that the loss of her husband and her becoming a widow at the age of fifty‑five had caused her considerable grief. Ms Velichkova claimed BGN 30,000. She submitted that the early loss of her father had caused her sorrow. The applicants also jointly claimed BGN 20,500 in respect of the frustration sustained by them on account of the slow and ineffective investigation into the death of Mr Nikolov. | 4 |
36. The applicant complained under Articles 2, 3 and 13 of the Convention that he had been infected with HIV as a consequence of negligent actions by the medical staff of detention facilities, and that the authorities had failed to carry out an effective investigation of the incident. The Court will examine the present complaint under Article <mask> of the Convention (see Shchebetov v. Russia, no. 21731/02, § 39, 10 April 2012, with further references). Article 2, in so far as relevant, reads as follows: | 4 |
77. The applicant did not lodge a civil claim with the courts seeking compensation for the alleged medical malpractice. Meanwhile, as noted above (see paragraph 66 above), Article <mask> of the Convention does not necessarily require the provision of a criminal-law remedy in every case of medical negligence. The question is therefore whether in the present case the applicant should have raised the matter before the civil courts, as the Government contends in their objections on admissibility. | 4 |
102. The applicants claimed that the authorities had failed in their obligation to carry out an effective investigation into the circumstances of their relatives' disappearance. They argued that the investigation had fallen short of the requirements of domestic law and the Convention standards. In particular, it had been pending for several years but had not brought any tangible results thus far, having been repeatedly suspended and reopened. Furthermore, the investigating authorities had failed to inform the applicants of the decisions concerning the adjournment and reopening of the investigation or its progress. The applicants' numerous requests to the authorities throughout the investigation had remained unanswered or only produced standard replies. The applicants had not been granted access to the case file. In support of their argument regarding the ineffectiveness of the investigation, the applicants also referred to the Government's refusal to submit a copy of the file in the criminal case concerning their relatives' disappearance. The applicants also argued that the investigation could not have met the requirements of Article <mask> of the Convention since civilian prosecuting authorities were not competent to conduct investigations involving the military and military prosecuting authorities could not be considered to be independent from the military. | 4 |
97. The applicant contended under Article <mask> of the Convention that his deportation to Iran had exposed him to various deadly hazards, such as being kidnapped by people smugglers and being shot by border guards. The applicant further complained under Article 3 of the Convention that he had been ill-treated by security forces during his deportation to Iran on 12 September 2008. He claimed under Article 8 of the Convention that his deportation had infringed his right to respect for private and family life. He complained under Article 14 that he had been discriminated against by the State authorities because of his nationality. Lastly, he contended under Article 4 of Protocol No. 4 and Article 1 of Protocol No. 7 that he and the other Uzbek asylum seekers had been deported collectively and in breach of the procedural safeguards relating to the expulsion of aliens. | 4 |
42. The applicants alleged that the respondent State had failed to ensure appropriate medical treatment for their daughter, which had led to heart and lung damage and finally to her death. The civil proceedings they had instituted had not resulted in the effective and prompt establishment of the cause of death and the liability of the medical profession. The applicants relied on Article <mask> of the Convention, the relevant part of which provides: | 4 |
23. The applicants complained under Article <mask> of the Convention that the delay in transferring Toğay Gültekin to the hospital from his regiment had delayed his access to appropriate treatment and had thus caused his death. They argued that, as Toğay Gültekin had been under the authority of the military administration during his compulsory military service, the State should be held responsible for his death which, they believed, had been caused as a result of the authorities’ negligence. The applicants also relied on Article 6 of the Convention and argued that the proceedings before the Supreme Administrative Military Court had not been conducted fairly. In this connection, they stated that their objection to the medical expert report had not been taken into account and that the Military Administrative Court had failed to interpret the facts of the case correctly and that no effective investigation had been carried out. | 4 |
99. The Government submitted that there had been no doubt that the death of the applicants’ relative had been the result of an accident which had occurred while the children had been playing. In their view the domestic authorities had reacted properly and expeditiously, and the applicants’ relative had been provided with appropriate medical treatment, particularly given the general social situation and the war in Vinkovci at the time, which the Government analysed in great detail. Therefore, the Government considered that there had been no violation of Article <mask> of the Convention. | 4 |
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