Article 2 - Right to life

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Cases selected for updating the Case-Law Guide.

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.

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.

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.

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.

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.

Nemtsova v. Russia, no. 43146/15


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

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.

Mortier v. Belgium, no. 78017/17


Death by euthanasia of applicant’s mother without him being informed.
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

Traskunova v. Russia, no. 21648/11


Death of participant in clinical trial of new medicinal product.
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.

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

Boychenko v. Russia, no. 8663/08


Suicide during military service.

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.

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.​​​

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


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

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.​​

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

Mehmood v. Greece, no. 77238/16


Death in a public hospital after giving birth.​​

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.​​​

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.​​
JudgmentLegal 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

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


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

Vardosanidze v. Georgia, no. 43881/10


​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


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

Jeanty v. Belgium, no. 82284/17


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

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