Article 2 - Right to life

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Cases selected for updating the Case-Law Guide.

Huci v. Romania, no. 55009/20

16.04.24

Death of the applicants’ relative in a crash of an uncertified small ultralight motorised airplane during a test flight.
Judgment


Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20

09.04.24

Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary


Alkhatib and Others v. Greece, no. 3566/16

16.01.24

Death of the applicant’s relative, who was travelling in a boat with a view to illegally entering Greece, as a result of several shots fired by the coast guard.
Judgment


V v. the Czech Republic, no. 26074/18

07.12.23

Respondent State’s failures due to a psychiatric hospital patient dying following his repeated tasing by the police and the administration of a tranquiliser by a nurse.
Judgment | Legal Summary


Erdal Muhammet Arslan and Others v. Türkiye, no. 42749/19

21.11.23

Effective remedy and appropriate jurisdictional response offered to the applicants in relation to the death of their relative buried under the rubble of a hotel following a destructive earthquake.
Judgment


Nika v. Albania, no. 1049/17

14.11.23

Unjustified use of lethal force by State agents during a political protest resulting in the death of applicants’ relative from a gunshot wound and ineffectiveness of the ensuing investigation.
Judgment | Legal Summary


Durdaj and Others v. Albania, nos. 63543/09 and 3 others

07.11.23

Effectiveness of the investigation and ensuing criminal proceedings into the explosion at the Gërdec weapon decommissioning facility resulting in deaths and grievous bodily injuries.
Judgment | Legal Summary


Dimaksyan v. Armenia, no. 29906/14

17.10.23

Death of the applicant’s son during his compulsory military service following an accidental shooting by a fellow conscript.
Judgment


Hovhannisyan and Karapetyan v. Armenia, no. 67351/13

17.10.23

Failure to take measures to protect the life of two conscripts killed in a shooting incident during their compulsory military service by a fellow conscript with a criminal record.
Judgment | Legal Summary


Ainis and Others v. Italy, no. 2264/12

14.09.23

Authorities’ failure to protect the life of the applicants’ relative who died of a drug overdose while in police custody.
Judgment


Nemtsova v. Russia, no. 43146/15

11.07.23

Ineffective investigation into the contract killing of a prominent politician and opposition leader.
Judgment


Pitsiladi and Vasilellis v. Greece, nos. 5049/14 and 5122/14

06.06.23

Statutory impossibility for parents to access donations collected to fund medical treatment abroad for their child, who later died. Applicability and merits.
Judgment | Legal Summary


Daraibou v. Croatia, no. 84523/17

17.01.23

​Life-threatening fire in police station detention centre.
Judgment


Mortier v. Belgium, no. 78017/17

04.10.22

Death by euthanasia of applicant’s mother without him being informed.
Judgment | Legal Summary


Traskunova v. Russia, no. 21648/11

30.08.22

Death of participant in clinical trial of new medicinal product.
Judgment | Legal Summary


Pârvu v. Romania, no. 13326/18

30.08.22

Use of force during police operation where individual, wrongly identified as dangerous fugitive, was fatally shot.
Judgment | Legal Summary


Tagiyeva v. Azerbaijan, no. 72611/14

07.07.22

Well-known writer subject of a religious fatwa and fatally stabbed by unknown person; lack of the necessary involvement of the deceased person’s family.
Judgment | Legal Summary


Stoyanova v. Bulgaria, no. 56070/18

14.06.22

Homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing.
Judgment | Legal Summary


Landi v. Italy, no. 10929/19

07.04.22

Domestic violence leading to attempted murder by partner and murder of one-year-old son.
Judgment | Legal Summary


Y and Others v. Bulgaria, no. 9077/18

22.03.22

​Failure to protect victim of marital murder in the context of domestic violence.
Judgment | Legal Summary


Gonçalves Monteiro v. Portugal, no. 65666/16

15.03.22

Disappearance of an 18-year-old woman with schizophrenia and suicidal tendencies. Applicability and merits.
Judgment | Legal Summary


Tunç v. Turkey (dec.), no. 45801/19

22.02.22

​Disappearance and adequate reaction of the competent State's authorities.
Decision


A and B v. Georgia, no. 73975/16

10.02.22

Domestic violence culminating in murder by a police officer.
Judgment | Legal Summary


Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia, no. 69736/12

30.11.21

Death at school of pupil with health vulnerability in the aftermath of his beating by other pupils.
Judgment | Legal Summary


Boychenko v. Russia, no. 8663/08

12.10.21

Suicide during military service.
Judgment


Carter v. Russia, no. 20914/07

21.09.21

Targeted killing of a political defector and dissident abroad.
Judgment  | Legal Summary


Estemirova v. Russia, no. 42705/11

31.08.21

Abduction and murder of a human rights activist and entire investigation file not submitted by the respondent Government.
Judgment


Tkhelidze v. Georgia, no. 33056/17

08.07.21

​Domestic violence resulting in murder by former partner.​​
Judgment | Legal Summary


Kurt v. Austria [GC], no. 62903/15

15.06.21

​Scope and content of the Osman States' positive operational obligation in the context of domestic violence and child’s murder by father.​
Judgment | Legal Summary


Lapshin v. Azerbaijan, no. 13527/18

20.05.21

​Prison incident putting the applicant’s life at risk by allegedly a strangulation attempt/suicide attempt. Applicability and merits.​​​
Judgment


Bişar Ayhan and Others v. Turkey, nos. 42329/11 and 47319/11

18.05.21

​Use of force and States' borders control.​​​
Judgment


Penati v. Italy, no. 44166/15

11.05.21

Criminal proceedings concerning the killing of a child during a meeting with his father organised by the social authorities.​
Judgment | Legal Summary


Parfitt v. the United Kingdom (dec.), no. 18533/21

20.04.21

​Withdrawal of life-sustaining treatment from a child in a persistent vegetative ​​state.​​​
Decision | Legal Summary


Scripnic v. the Republic of Moldova, no. 63789/13

13.04.21

​Adequate compensation after the death of a newborn child caused by medical negligence.​​
Judgment


Ribcheva and Others v. Bulgaria, nos. 37801/16 and 2 others

30.03.21

​Death of a law-enforcement officer at the hands of a dangerous individual during police-planned operation.​​​
Judgment | Legal Summary


Mehmood v. Greece, no. 77238/16

25.03.21

Death in a public hospital after giving birth.​​
Judgment


Smiljanić v. Croatia, no. 35983/14

25.03.21

​Functioning of road traffic safety regulatory framework to address repeated and habitual unlawful conduct by a person who eventually caused a fatal road collision.​​​
Judgment | Legal Summary


Hanan v. Germany [GC], no. 4871/16

16.02.21

​Investigation into deaths of civilians due to an airstrike in Afghanistan ordered by a German Colonel acting in a multinational military operation mandated by the United Nations Security Council.​​​
Judgment | Legal Summary


Georgia v. Russia (II) [GC], no. 38263/08

21.01.21

​Administrative practice. Procedural obligation to investigate during the active phase of the hostilities and after their cessation. ​​​​​
Judgment | Legal Summary


Yukhymovych v. Ukraine, no. 11464/12

17.12.20

Fatal shooting of applicant’s son during arrest attempt by the police and different accounts of the circumstances of the death.​​​
Judgment


Kotilainen and Others v. Finland, no. 62439/12

17.09.20

​No preventive confiscation of gun from student whose Internet postings prior to committing school killings, while not containing specific threats, cast doubt on his fitness to safely possess firearm.​​
Judgment | Legal Summary


Tërshana v. Albania, no. 48756/14

04.08.20

​Thorough investigation required following an acid attack against a woman in the street.​​
Judgment | Legal Summary


Vanyo Todorov v. Bulgaria, no. 31434/15

21.07.20

​Impossibility for the brother of a murder victim to claim compensation in respect of non-pecuniary damage.
Judgment | Legal Summary


S.F. v. Switzerland, no. 23405/16

30.06.20

​Suicide of the applicant´s son in a police cell following a car accident.
Judgment | Legal Summary


A and B v. Romania, nos. 48442/16 and 48831/16

02.06.20

​Application and implementation of a witness protection programme.​​
JudgmentLegal Summary


Makuchyan and Minasyan v. Azerbaijan and Hungary, no. 17247/13

26.05.20

Threshold for State responsibility for an act otherwise not attributable to a State, and duties of member States in the context of the transfer of sentenced persons.
Judgment | Legal Summary


Aftanache v. Romania, no. 999/19

26.05.20

​Lack of proper investigation into refusal by medical personnel to administer usual insulin treatment to a diabetic in a precarious condition.
Judgment | Legal Summary


Vardosanidze v. Georgia, no. 43881/10

07.05.20

​Alleged inadequacy of the regulatory framework with respect to dangerous activities carrying an inherent risk to life.
Judgment | Legal Summary


Kukhalashvili and Others v. Georgia, nos. 8938/07 and 41891/07

02.04.20

Anti-riot operation in a prison resulting in several killings or injured inmates.
Judgment | Legal Summary


Jeanty v. Belgium, no. 82284/17

31.03.20

​Several suicide attempts by a detainee suffering from a psychological disorder. Applicability and merits.
Judgment


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