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119. The applicants argued that the investigations into the abductions of their relatives had been ineffective and inadequate, in breach of the requirements derived from Article <mask> of the Convention. They pointed to the delays in taking the most basic steps, failures to identify and question important witnesses ot... | 4 |
42. The applicants submitted that Article <mask> of the Convention, as interpreted by the Court in its judgments, obliged national authorities to investigate a death as soon as they become aware of it. They also submitted that their complaints concerned the effectiveness of the prosecutor’s investigation and that ther... | 4 |
32. The applicants complained about the killing of their respective husband and father, Mr Stevo Borojević, and insufficiencies in the investigation in that respect. They also claimed that he had been killed because of his Serbian ethnic origin and that the national authorities had failed to investigate that factor. T... | 4 |
57. The Government argued that the procedural requirements as regards the State’s obligations under Article <mask> of the Convention had been respected in the present case. The authorities had acted of their own motion, the investigation conducted had been independent, all possible methods had been used, the evidence ... | 4 |
42. The Government contested that argument. They submitted that the applicant’s brother had died of acute coronary insufficiency and ischemic decease exacerbated by alcohol withdrawal syndrome, whereas Article <mask> of the Convention covered only the deprivation of life by use of force. Accordingly, the applicant’s c... | 4 |
61. The Government further submitted that the persons whom the first applicant had requested in her petition of 21 January 2008 to be heard (see paragraph 22 above) had had no direct information which could have altered the course of the investigation. Referring to the Court’s case-law, the Government submitted that A... | 4 |
48. The applicants alleged that their relative had been deliberately killed by a police officer in breach of Article <mask> of the Convention. They complained that the suspension of pronouncement of the judgment in respect of the police officer was not compatible with the obligation to protect the right to life by law... | 4 |
196. The applicant did not submit that prosecutors in England and Wales were not adequately independent for the purposes of Article <mask> of the Convention. However, relying on Maksimov v. Russia, no. 43233/02, 18 March 2010, she criticised the fact that the prosecutor normally makes decisions without the benefit of ... | 4 |
72. The Government maintained that the applicants had failed to exhaust domestic remedies. They pointed out that Czech law provided for a set of remedies in respect of Article <mask> of the Convention, consisting of a constitutional appeal, an action for damages under the Police Act, an action for damages under the St... | 4 |
38. The Government further submitted that the Convention did not guarantee the right to have third parties prosecuted or sentenced for criminal offences. They contended that even in cases under Article <mask> of the Convention, the Court had accepted that the State’s procedural obligations may be met by affording vict... | 4 |
85. The applicants maintained their complaints. In their opinion, it was beyond reasonable doubt that the men who had apprehended and taken away their two relatives on 2 July 2001 were from the federal forces, given the fact that those forces had carried out a special operation in Sernovodsk on the date in question an... | 4 |
59. The Government maintained that, at the applicant's request, the Prosecutor's Office had conducted an inquiry in which it had collected all available evidence – reports and other documents, and statements from individuals – in connection with the death of the applicant's son. According to the Government, that inqui... | 4 |
213. The Government reiterated that, in accordance with the Court’s case‑law, the obligation deriving from the procedural limb of Article 2 was one of means and not of result. In this regard, if some doubts had persisted concerning the events surrounding the applicant’s husband’s death, this was simply because there w... | 4 |
86. The applicant stated that the quantum of any award for non-pecuniary damage was for the Court to assess on an equitable basis. She raised concerns, however, that any just satisfaction award, as was made in the other Northern Ireland cases (Hugh Jordan, McKerr, Kelly and Others and Shanaghan, cited above), would be... | 4 |
47. The applicant asserted that the point at which life began had a universal meaning and definition. Even though that was in the nature of things, it was now scientifically proven that all life began at fertilisation. That was an experimental finding. A child that had been conceived but not yet born was neither a clu... | 4 |
52. The applicants complained about the killing of S.M. and insufficiencies in the investigation in that respect. They also claimed that S.M. 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 ... | 4 |
47. The Government maintained that the applicants had not yet exhausted domestic remedies as regards the substantive complaint because their civil action was pending. While there appeared to be two lines of relevant case-law, they considered that the governing authority lay with the Caraher v. the United Kingdom line ... | 4 |
106. The Government further argued that only actual killing could be regarded as deprivation of life for the purposes of Article <mask> of the Convention and that there were no grounds to believe that Mr Sultan Isayev or any other residents of Alkhan-Kala detained on 29 April 2001 were in fact dead, given that their d... | 4 |
59. The applicants complained under Article 2 that their relatives were killed in circumstances in which resort to lethal force was not justified. Alternatively, it was alleged that the planning and conduct of the operation which resulted in the deaths was not such as to ensure the protection of the right to life of t... | 4 |
178. The applicants maintained their complaints, alleging that their relatives had been abducted and intentionally deprived of their lives in circumstances that violated Article <mask> of the Convention. They further argued that the investigations into the incidents had fallen short of the standards set down in the Co... | 4 |
19. The applicant complained under Articles 6 § 1, 13 and 17 of the Convention about unfairness and outcome of the proceedings. He further complained under Article 6 § 1 about excessive length of the first set of proceedings. The applicant also complained under Article <mask> of the Convention that he was not provided... | 4 |
112. The Government attributed the delay in commencing the investigation to the applicants, arguing that the first applicant had made a complaint to the authorities only on 14 February 2003. The Court is not in a position to establish whether the applicants visited any law enforcement authorities on 3 February 2003 in... | 4 |
148. The Government disputed the applicants’ assertions and maintained that the refusal of access to Boydaş village had aimed at protecting the lives of the applicants on account of the insecurity of the region. In their opinion, had the applicants been evicted from their village by the security forces as alleged, thi... | 4 |
99. The applicants argued that Marvan Idalov had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for almost seven years. The applicants also argued that the investigation had not met the requirements of effectiveness and adequacy, as required by the Court's case... | 4 |
83. The applicants further stated that the investigation into their son’s death had not complied with the requirements of Article <mask> of the Convention. While there had been no significant difficulties in gathering and assessing the necessary evidence related to the case and the conclusions of the internal investig... | 4 |
16. The applicants complained of the lack of an effective, impartial and thorough investigation carried out within a reasonable time and capable of leading to the identification and punishment of those responsible for the violent crackdown on the demonstrations of December 1989 in Bucharest, Timișoara, Brașov, Reșița ... | 4 |
57. The applicants Güler Karataş, Pınar Şafak Karataş, Berdan Ulaş Karataş, Bıra Karataş, Kumru Karataş, Perince Ataş, Nebahat Ateş, Serincan Çiçek and Yıldız Deniz complained under Article <mask> of the Convention that their relative Bülent Karataş had been killed in breach of Article 2 of the Convention. The tenth a... | 4 |
116. The applicants submitted that Mr Dimitrov had been killed intentionally, and had died as a result of a use of force which had not been absolutely necessary and in the course of a police operation which had not been planned with a view to minimising any risk to his life. They pointed out that he had died in the pr... | 4 |
97. The Government claimed that the investigation carried out in the present case had met the Convention requirement of effectiveness. It had been expeditiously instituted on the day following the incident. The applicants had impeded the investigation by refusing to agree to an autopsy on their relatives’ bodies. The ... | 4 |
87. The applicants complained that Mr Angelov and Mr Petkov had been killed in violation of Article <mask> of the Convention. It was alleged that they had died as a result of the failure of domestic law and practice to regulate in a Convention-compatible manner the use of firearms by State agents. In effect, State age... | 4 |
32. The applicant complained about lack of an effective investigation into the death of his wife. He invoked Articles 2, 6 and 13 of the Convention. The Court reiterates that it is the master of the characterisation to be given in law to the facts of a case. In the present case, it considers that the applicant’s compl... | 4 |
19. The applicant complained under Article <mask> of the Convention that he had been “intentionally deprived of his health, which also means life” by being kept in inhuman conditions of detention, which had led to his contracting tuberculosis, and that he had not been provided with sufficient medical assistance. The C... | 4 |
63. The Government submitted that the fact that some persons had not been heard as witnesses and that DNA results could not be obtained from the hair samples had not diminished the effectiveness of the investigation. They added that there had not been any other actions left to take by their authorities and that the ob... | 4 |
39. The applicant complained under Articles 2, 3 and 13 of the Convention that he had been infected with HIV through a blood test in the hospital of the correctional colony where he was detained and that the authorities had failed to carry out an effective investigation into the incident. The Court will examine the pr... | 4 |
52. The applicants claimed that Article <mask> of the Convention covered not only incidents which resulted in the death of the victim, but also cases where the victim suffered life-threatening, serious injury. Bearing in mind that the first applicant's disease was not curable, the State was responsible for violation o... | 4 |
167. The applicant complained under Article <mask> of the Convention that during his detention his health had deteriorated. He complained under Article 6 of the Convention alleging overall unfairness of the criminal proceedings against him. The applicant also complained under Article 7 of the Convention that he had be... | 4 |
75. The applicant did not lodge a civil claim with the courts. Meanwhile, as noted above (see paragraph 65 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 applican... | 4 |
52. The applicants complained under Articles 2, 6 and 13 of the Convention of the ineffectiveness of the criminal investigation conducted by the Azerbaijani prosecution authorities in connection with their son’s murder, and of the lack of independence and impartiality of the Azerbaijani courts and prosecution authorit... | 4 |
28. The applicants indicated that there had been numerous incidents both remote in time and recent when D. had abused alcohol and had behaved violently. He had nevertheless been allowed to carry a weapon day and night. The failure of his superior officers to monitor compliance with the conditions for the use of firear... | 4 |
200. The applicants complained under Article <mask> of the Convention that the police had been responsible for the death of their son. In particular, although they were called in precisely to deal with a mentally disturbed person, they had not been trained for such a situation, nor were they accompanied by a specialis... | 4 |
24. The applicants, who now live in France, argued that the fact that no enforcement judge had been appointed for a prolonged time to execute F.T.’s custodial sentence (see paragraph 14 above) could not release the State from its obligations under Article <mask> of the Convention. Their allegations under this head did... | 4 |
103. The Government stated that, taking into account the applicants’ submissions and witness statements on the circumstances surrounding the incident of 12 September 1999, “it should be acknowledged” that the use of lethal force resulting in the death of five residents of Kogi (Runnoye) – Borambike Esmukhambetova, Elm... | 4 |
95. The applicant alleged that Mr Rustam Kagirov had been abducted by State servicemen and should be presumed dead in the absence of any reliable news of him for several years. Referring to the case of Turluyeva, cited above, he further claimed that the policemen at the roadblock failed to take measures to protect his... | 4 |
83. The applicants further claimed that the investigation into their relative's abduction had not met the requirements of effectiveness and adequacy under Article <mask> of the Convention. The Government had failed to give the exact date of the opening of the investigation. The applicants themselves had been confused ... | 4 |
49. The applicants complained that the State authorities had failed in their positive obligation to protect the right to life of the first applicant as a result of his infection with the HIV virus by blood supplied by the Kızılay, and that no effective investigation had been conducted into their criminal complaints. T... | 4 |
43. The applicant complained of insufficiencies in the investigation into the killing of her former husband and disappearance of her two sons. She also claimed that he had been killed because of his Serb ethnicity and that the national authorities had failed to investigate that factor. She relied on Articles 2 and 14 ... | 4 |
46. The Government also pointed out that, under Article <mask> of the Convention, the State is enjoined not only to refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction from acts by others or, where appropriate, from themse... | 4 |
72. The Government argued that there had been no violation of the procedural aspect of Article <mask> of the Convention and that in the circumstances the Croatian authorities had done all they could to investigate the killing of the applicant’s father. They maintained that after the Croatian authorities had regained c... | 4 |
260. The Government argued that the authorities had opened cases nos. 24050 and 25268 in connection with the attack of 2 October 1999, and that in the course of the investigation in those cases measures had been, and were being, taken to establish comprehensively the circumstances of the incident in question. In their... | 4 |
130. The applicants complained that the authorities had put their lives at risk on 7 August 2001 by releasing a large amount of water, without any prior warning, from the Pionerskoye reservoir into a river which for years they had failed to maintain in a proper state of repair, causing a flash flood in the area around... | 4 |
93. The Government maintained that none of the elements of a “genuine connection” between the impugned death and the entry into force of the Convention in respect of Serbia had been established in order for the procedural obligation imposed by Article <mask> of the Convention to come into effect. Firstly, whereas in t... | 4 |
20. The applicant alleged that the authorities’ refusal to provide him with meals compatible with his medically prescribed diet had infringed his right to live a healthy life, in breach of Article <mask> of the Convention. Moreover, he submitted that his continued detention in the particular circumstances of the case ... | 4 |
37. The Government observed that Article <mask> of the Convention did not prohibit capital punishment but that the protection against the death penalty was guaranteed in all circumstances by Article 1 of Protocol No. 13 to the Convention, a Protocol by which Sweden was bound. Thus, the Government had no objection to t... | 4 |
113. The Government maintained that the investigation into Olga Biliak's death had been carried out by the Shevchenkivskyy Prosecutor's Office, a body independent from the prison authorities. The investigators had thoroughly examined the circumstances of the victim's death, commissioned medical examinations and asses... | 4 |
93. The Government conceded that there had been a violation of Mr Bashir Velkhiyev’s right to life, as confirmed by the evidence in criminal case no. 04560079. At the same time they argued that the investigation conducted into his death had been effective and satisfied the requirements of Article <mask> of the Convent... | 4 |
31. The applicants complained that the force used by the gendarmerie officers against their daughter had not been absolutely necessary and that the excessive nature of the use of force showed that the officers had in fact intended to kill her. They further added that the investigation into the killing of their daughte... | 4 |
64. The applicant alleged that the authorities had failed to conduct an effective investigation into the circumstances of Ruslan Alikhadzhiyev's detention and disappearance, in violation of their procedural obligations under Article <mask> of the Convention. She argued that the investigation had fallen short of the st... | 4 |
50. The applicants stressed that Abdulkasim Zaurbekov disappeared while under the control of the State in life-endangering circumstances and the Government had failed to produce any plausible explanation as to his whereabouts. The applicants contended that the fact that their relative was not listed among those being ... | 4 |
189. The Government submitted that a criminal investigation into the disappearance of the residents of Stariye Atagi had been opened promptly on 13 March 2002 and complied with Article <mask> of the Convention. The investigating authorities had carried out a large amount of work. The investigation was complicated by t... | 4 |
52. The applicant complained that his wife, Sariye Yılmaz, was killed by artillery shells fired by the security forces. He alleged that no effective investigation had been carried out into her death. He also claimed that the State had failed to comply with its obligation to protect her right to life. He invoked Articl... | 4 |
51. The applicants submitted that Mr Mihaylov’s killing was the result of a clear abuse of force. As the domestic courts observed on a number of occasions, the forensic evidence indicated that Mr Mihaylov was shot from behind, in a position that gave the policeman full control over him. The relevance and significance ... | 4 |
52. The Government argued that Mr Togonidze died of methadone intoxication. Given this cause of death and the lack of any evidence of coercive actions against Mr Togonidze, his death should not be considered as a death in suspicious circumstances (see Geppa v. Russia, no. 8532/06, § 86, 3 February 2011). Consequently ... | 4 |
259. 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 Conv... | 4 |
51. The applicant complained that the State had been responsible for her son’s death in the course of an intervention intended to take him to a psychiatric hospital. She also complained that the investigation into the circumstances of his death had been carried out by the authorities merely as an attempt to conceal th... | 4 |
272. The applicant has suggested that the threshold should be lower in cases involving the use of lethal force by State agents. However, there is nothing in the Court’s case-law to support this proposition. Although Gürtekin did not concern unlawful killing by State agents, in that case the Court made it clear that th... | 4 |
120. The applicants were further of the view that the criminal proceedings had fallen short of the requirements of Article <mask> of the Convention, in the manner in which they had been conducted, in their scope and in the standard applied by the authorities. Attempts had been made to cover up Mr Dimitrov’s murder fro... | 4 |
30. The Government argued that the investigation carried out into the death of the applicant’s daughter had been in compliance with the requirements of Article <mask> of the Convention. It had started immediately after the law-enforcement agencies had received a report on Z.’s death, and had been effective and thoroug... | 4 |
230. The Government argued in particular that the refusal to grant any civilian access to Gulistan was justified by the security situation pertaining in and around the village. While referring briefly to their obligations under international humanitarian law, the Government relied mainly on interests of defence and na... | 4 |
61. The applicant submitted that the investigation conducted following the death of his son had not been effective, as required by the Court’s case-law under Article <mask> of the Convention. He stated that the investigators were not independent from the authority involved and that a deliberate attempt had been made t... | 4 |
16. The Government contested that argument. In their opinion, the Russian authorities had complied with their obligations set out in Article <mask> of the Convention. The applicant had sustained injuries as a result of a terrorist attack at the Domodedovo airport. Her allegations of the State responsibility in her cas... | 4 |
193. The applicant contended that as the investigating authorities were applying a lower standard than that required by the Court, they were prevented from considering whether the use of force by Charlie 2 and Charlie 12 was or was not justified in the circumstances within the meaning of Article <mask> of the Conventi... | 4 |
81. The Government submitted that the investigation into Mr Todorov’s death had been comprehensive, objective and sufficiently speedy. It had been opened the same day. An autopsy had been carried out the next day and had identified all injuries on Mr Todorov’s body and the cause of his death. All police officers who h... | 4 |
69. The applicant also argued that she was excluded from the criminal proceedings, as despite her efforts she had been denied access to the case file and had not been properly informed of the course of the investigation. In particular, the authorities had failed to send her copies of procedural decisions suspending an... | 4 |
84. The applicant argued that, according to the Court’s case-law, the positive obligations under Article <mask> of the Convention imposed a primary duty on the State to secure the right to life by putting in place effective criminal-law provisions to deter the commission of offences against the person and backed up by... | 4 |
84. The applicant complained that his brother had died as a result of intentional police mistreatment, that the failure of the police to provide adequate medical care for the victim following his arrest had resulted in his brother's death and that the authorities had failed to carry out a prompt, impartial and effecti... | 4 |
177. The applicants complained that there had been a violation of Article <mask> of the Convention by both the Cypriot and Turkish (including the “TRNC”) authorities on account of their failure to conduct an effective investigation into the deaths of their relatives, Elmas, Zerrin and Eylül Güzelyurtlu. They pointed t... | 4 |
63. The applicants complained, under various Articles of the Convention, that the relevant Montenegrin bodies had failed to promptly and effectively investigate the deaths and/or disappearances of their family members and prosecute those responsible. Being the master of the characterisation to be given in law to the f... | 4 |
162. The applicant alleged that her right to life and the right to life of her son and other relatives was violated by the actions of the military. She also submitted that the authorities had failed to carry out an effective and adequate investigation into the attack and to bring those responsible to justice. She reli... | 4 |
41. The applicant contended that his son, who had not taken part in the demonstrations in question and had found himself by chance between the demonstrators and the security forces, had been killed deliberately by the latter, which had used a degree of force that was unnecessary and manifestly arbitrary and disproport... | 4 |
15. The applicant complained under Article <mask> of the Convention that his right to life was violated by the State and argued that unknown persons attempted to break into his apartment and to kill him. The applicant is convinced that those persons were State agents. Moreover, the applicant argued that the State atte... | 4 |
50. The Government also noted that the events under examination had occurred in 2000, when violent confrontation had taken place between the federal forces and the rebel fighters and numerous murders had been committed by members of illegal armed groups, using firearms and military vehicles. The Government argued ther... | 4 |
50. The Government maintained that there had been no violation of Article <mask> of the Convention. They argued that the official investigation, which had ended by 13 January 1992, had been independent and effective. Also, as noted above, no relevant new evidence was discovered as of the date of ratification, i.e. 3 M... | 4 |
46. The applicants complained under Article <mask> of the Convention that members of the armed forces had been responsible for the disappearance of their relatives: Casım Çelik, Cemal Sevli, Yusuf Çelik, Mirhaç Çelik, Naci Şengül, Seddık Şengül, Reşit Sevli, Kemal İzci, Hayrullah Öztürk, Salih Şengül, Hurşit Taşkın, A... | 4 |
96. The applicants submitted that there was overwhelming evidence to conclude that their relatives had been deprived of their lives by the State agents in circumstances that violate Article <mask> of the Convention. They argued that their relatives had been killed on 5 February 2000 during a “mopping-up” operation in ... | 4 |
50. The applicant further complained under Article <mask> of the Convention that his life had been in danger during the police intervention. He also claimed a violation of Article 5 § 1 (e) of the Convention, stating that other means than firing with live ammunition could be used to immobilise a mentally ill person. H... | 4 |
66. The Government relied on the information provided by the Prosecutor General’s Office and contended that the investigation had not obtained any evidence to the effect that Isa Zaurbekov was dead, or that representatives of the federal power structures had been involved in his abduction or alleged killing. They expr... | 4 |
46. The Government also argued that the shortcomings in the criminal proceedings had been remedied by the compensation awarded to the applicant from the alleged perpetrators in subsequent civil proceedings, and cited the Court’s case-law under Article <mask> of the Convention in which civil‑law remedies had been consi... | 4 |
156. The applicants alleged that the authorities had failed to conduct an effective investigation into the killings of their relatives, in violation of their procedural obligations under Article <mask> of the Convention. They argued that the investigation had fallen short of the standards set down in the Convention an... | 4 |
223. The applicants, with the exception of the second applicant, complained of the deaths of their relatives as a result of the aerial attacks by the federal forces on Urus-Martan on 2 and 19 October 1999. They also alleged that the strikes by federal troops with high-explosive aerial bombs against heavily populated r... | 4 |
66. The applicant complained under Article <mask> of the Convention that the domestic authorities had disregarded his contention that he had acted in self‑defence and was protecting his own life. Under Article 3 of the Convention, the applicant complained that he had been threatened and tortured by his cellmates, who ... | 4 |
205. The applicant further submitted that disciplinary proceedings could not, by themselves, have complied with Article <mask> of the Convention as they were essentially administrative proceedings intended to govern future employment. Where serious breaches of the Convention were concerned, effective protection had to... | 4 |
43. The applicants complained that their children had been killed in breach of Article <mask> of the Convention. In support of their allegation they argued that, had the authorities carried out swab tests it would have become apparent that their children had been unarmed and had not opened fire on the soldiers. Furthe... | 4 |
93. The applicant complained under Article <mask> of the Convention that his brother Mr Rustam Kagirov had been abducted and deprived of his life by State agents and that the domestic authorities failed to take measures to safeguard Mr Rustam Kagirov’s right to life. He further alleged that the domestic authorities ha... | 4 |
33. The Government stated that by allowing the applicant to bring a civil action, the domestic courts had expressly acknowledged a breach of the procedural guarantees enshrined in Article <mask> of the Convention and had awarded her compensation. Therefore, as the applicant had been afforded sufficient redress, she ha... | 4 |
78. The applicant submitted that throughout the investigation, the version of events implying the involvement of State agents in the killing of her daughter had been paramount. The applicant specifically relied on the statement by witness O. L., who claimed that after the GAZ-66 truck driven by the applicant’s daughte... | 4 |
73. The Government conceded that the applicant's relatives had been deprived of their lives by State agents. They argued, however, that the applicant's relatives had been killed in the course of a counter-terrorist operation carried out by the federal forces in the Chechen Republic in order to eliminate illegal armed ... | 4 |
47. The Government further argued that the prosecuting authorities had initiated an investigation of their own motion immediately after the applicant’s son’s death had been discovered. Thus, in the Government’s opinion, the authorities had complied with the procedural obligation stemming from Article <mask> of the Con... | 4 |
74. The applicant complained that the doctors treating her daughter failed to provide her with adequate treatment. She also complained that no effective investigation was conducted which would have allowed the establishment of responsibility for her daughter’s death. Lastly, referring to the law governing objection on... | 4 |
65. The applicants argued that it was beyond reasonable doubt that Isa Zaurbekov had been detained by representatives of the federal forces, this fact being confirmed by two eyewitness statements, which they had previously submitted to the Court, and by the statements of Mr Sh. contained in the file on criminal case n... | 4 |
75. The applicant complained under Article <mask> of the Convention that the prison authorities had failed to protect her son’s right to life by taking the necessary measures, in particular by protecting him from attacks by other prisoners, as well as from the danger he posed to himself. She submitted that the prison ... | 4 |
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