Стаття 2 - Право на життя
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Справи, відібрані для оновлення Посібника із судової практики.
A.P. v. Austria, no. 1718/21
Death of the applicant’s son during a “heat march” while performing compulsory military service.
Judgment | Legal Summary
Bagirova v. Azerbaijan, no. 9375/20
Killing of the applicant’s brother during an operation conducted by law enforcement authorities and serious shortcomings in the investigation.
Judgment
Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18
Administrative practices in Crimea resulting in multiple human rights violations.
Judgment | Legal Summary
T.V. v. Croatia, no. 47909/19
Death of the applicant’s partner, who had a history of mental health problems, during a police intervention in which he was kept in a prone position.
Judgment
Huci v. Romania, no. 55009/20
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
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
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
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
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
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
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
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
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
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
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
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
Life-threatening fire in police station detention centre.
Judgment
Mortier v. Belgium, no. 78017/17
Death by euthanasia of applicant’s mother without him being informed.
Judgment | Legal Summary
Traskunova v. Russia, no. 21648/11
Death of participant in clinical trial of new medicinal product.
Judgment | Legal Summary
Pârvu v. Romania, no. 13326/18
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
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
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
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
Failure to protect victim of marital murder in the context of domestic violence.
Judgment | Legal Summary
Gonçalves Monteiro v. Portugal, no. 65666/16
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
Disappearance and adequate reaction of the competent State's authorities.
Decision
A and B v. Georgia, no. 73975/16
Domestic violence culminating in murder by a police officer.
Judgment | Legal Summary
Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia, no. 69736/12
Death at school of pupil with health vulnerability in the aftermath of his beating by other pupils.
Judgment | Legal Summary
Carter v. Russia, no. 20914/07
Targeted killing of a political defector and dissident abroad.
Judgment | Legal Summary
Estemirova v. Russia, no. 42705/11
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
Domestic violence resulting in murder by former partner.
Judgment | Legal Summary
Kurt v. Austria [GC], no. 62903/15
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
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
Use of force and States' borders control.
Judgment
Penati v. Italy, no. 44166/15
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
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
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
Death of a law-enforcement officer at the hands of a dangerous individual during police-planned operation.
Judgment | Legal Summary
Smiljanić v. Croatia, no. 35983/14
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
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
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
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
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
Thorough investigation required following an acid attack against a woman in the street.
Judgment | Legal Summary
Vanyo Todorov v. Bulgaria, no. 31434/15
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
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
Application and implementation of a witness protection programme.
Judgment | Legal Summary
Aftanache v. Romania, no. 999/19
Lack of proper investigation into refusal by medical personnel to administer usual insulin treatment to a diabetic in a precarious condition.
Judgment | Legal Summary