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41. The Government argued that the applicant had lost her victim status. In particular, they noted that following the accident of 30 November 1998, the criminal investigation had been carried out and the responsible persons had been identified, charged and convicted, whereas the other persons had been subjected to a d... | 4 |
41. The applicants complained that the security forces had been responsible for the disappearance of their relatives, who, in their opinion, should be presumed dead in breach of Article <mask> of the Convention. Under the same provision they also submitted that the national authorities had failed to carry out a meanin... | 4 |
102. The Government maintained that the prosecutor had conducted an investigation which was in compliance with the requirements of Article <mask> of the Convention. He had not ignored any small detail or evidence and had conducted the entire investigation swiftly within one year. The aim of the investigation had been ... | 4 |
80. The applicants contested the Government’s statement as incorrect. They pointed out that in fact they had lodged a court complaint about the authorities’ failure to carry out an effective investigation into the events of 27 October 2001, which had yielded no results. The applicants contended in this connection that... | 4 |
73. The applicants complained that the force used by the prison officers to immobilise their son had been neither absolutely necessary nor strictly proportionate for the purposes of Article <mask> of the Convention, and that the State had failed in its positive obligation under that provision to protect their son’s li... | 4 |
43. The applicants complained under Article <mask> of the Convention that the use of force by the security forces against Murat Bektaş and Erdinç Arslan had been disproportionate and had resulted in their unlawful killing. They further maintained under the same head that the investigation and the criminal trial had be... | 4 |
25. The Government contended that a thorough and effective investigation had been carried out in the present case, in accordance with the procedural requirements of Article <mask> of the Convention. More than 200 witnesses had been heard, a number of expert reports made (including an autopsy, a post-mortem psychiatric... | 4 |
48. The Government also argued that there had been no violation of the procedural aspects of Article <mask> of the Convention. Further to the judgment of the Supreme Court in May 2011 (McCaughey and another, Re Application for Judicial Review ([2011 UKSC 20), the Coroner was legally obliged to, and did, conduct an inq... | 4 |
72. The applicants submitted that Article <mask> of the Convention had been violated in respect of their mother and close relative, Nura Luluyeva. They submitted that the circumstances of her detention and the discovery of her body in a mass grave indicated that she had been killed by federal forces. They further subm... | 4 |
122. The applicant has further criticised the limited scope of the enquiry and the alleged lack of full disclosure of documents to her. As to the former, she alleged that there could be no examination of the broader context of the riots taking place at the time and the allegedly disproportionate response of the securi... | 4 |
67. The applicant complained under Article <mask> of the Convention that his son, Mr Maskhud Makhloyev, had disappeared after being detained by State agents and that the domestic authorities had failed to carry out an effective investigation into the matter. The applicant further claimed that he had no effective domes... | 4 |
58. The Government further submitted that the applicant had failed to exhaust domestic remedies as regards the alleged failure by the State to comply with the procedural requirements of Article <mask> of the Convention. In this connection, they put forward two arguments. Firstly, although the pre-trial investigation i... | 4 |
102. The applicant complained that Article <mask> of the Convention had been violated in respect of Mr Sultan Isayev. She submitted that the circumstances of his detention, the absence of any news of him ever since and the discovery two weeks later of the body of one of the persons detained with him, showing signs of ... | 4 |
203. The Government contended, inter alia, that the case was wholly unfounded and, therefore, there was no place to award just satisfaction. In any event, the claims were excessive, given the standard of living in Turkey of a teacher, like the applicant, and the Court’s eventual award should not lead to unjust enrichm... | 4 |
49. The Government acknowledged that there had been significant delay but argued that it could be explained and did not breach Article <mask> of the Convention. They explained that it was initially thought that it was not a death requiring an inquest and the matter was then re-visited following receipt of the applican... | 4 |
55. The applicant made a twofold complaint under Article <mask> of the Convention. He contended firstly that the State had failed to comply with its positive obligations in order to prevent the death of his son whilst the latter had been in prison. Secondly, the applicant argued that the State had failed to conduct a ... | 4 |
84. The applicant argued in her observations submitted to the Court on 10 April 2002 that her son was arrested and detained by members of the Turkish security forces and that he is to be presumed dead, in violation of Article <mask> of the Convention. She also submitted that the authorities had failed to carry out an ... | 4 |
39. The Government argued that the circumstances of the present case did not disclose any breach of Article <mask> of the Convention. They relied on their version of the facts and on the principles laid down by the Court in the cases of Andronicou and Constantinou v. Cyprus (9 October 1997, Reports of Judgments and De... | 4 |
138. The applicant referred to her submissions concerning the procedural aspects of Article <mask> of the Convention, claiming that in addition to the payment of compensation where appropriate Article 13 required a thorough and effective investigation capable of leading to the identification and punishment of those re... | 4 |
152. The Government submitted at the outset that the validity of the contention underpinning the applicant’s complaint – that the entire course of her deceased husband’s clinical treatment had been marked by a series of interconnected shortcomings and errors – had not been demonstrated in any of the proceedings at dom... | 4 |
55. The applicant argued that it was beyond reasonable doubt that the men who had apprehended and taken away their relative on 9 November 2002 had represented federal forces, and that, following this apprehension, Vakhid Musikhanov had been under the control of the State. The applicants also claimed that their relativ... | 4 |
80. The applicants submitted that the withdrawal of Vincent Lambert’s artificial nutrition and hydration would be in breach of the State’s obligations under Article <mask> of the Convention. In their view, depriving him of nutrition and hydration would constitute ill-treatment amounting to torture within the meaning o... | 4 |
47. The applicant disputed the Government’s arguments. He claimed that the fact that the investigation into the killing of his family members was still pending called into question its effectiveness rather than indicating that his complaints were premature. The applicant also contended that the Government had not demo... | 4 |
103. The applicant submitted that the failure of the authorities to take reasonable steps to investigate or to protect his son whose forced disappearance had been reported to them, disclosed a failure on the part of the Government to comply with their positive obligation under Article <mask> of the Convention to take ... | 4 |
43. The applicants submitted that the State was responsible for the death of Alexei Vlasi since his shooting had not been warranted by the circumstances. He had not been armed and presented no threat to the life or health of the police officers. After fatally shooting him, the police officers had attempted to falsify ... | 4 |
54. The Government maintained that, since the domestic investigation established that the applicant’s son had committed suicide, Article <mask> of the Convention was inapplicable. They relied in this respect on the Court’s statement in the Pretty case that “[Article 2] is unconcerned with issues to do with the quality... | 4 |
124. The applicant submitted that it had to be concluded that the Coroner failed to appreciate the breadth of the inquiry required by Article <mask> of the Convention, since he excluded all evidence relating to the planning of the operation, with the result that the ambit of the inquest was restricted to the narrow is... | 4 |
68. The applicants alleged that their relatives’ right to life was violated in that they were deliberately killed by village guards. The applicants, İbrahim Akan and Reşit Acar further complained that their right to life was violated as the village guards attempted to kill them. The applicants in addition claimed that... | 4 |
54. The applicants submitted that to comply with its positive obligations under Article <mask> of the Convention the State had to do more than adopt laws mandating the investigation and punishment of homicide. It also had to carry out effective official investigations of all instances of homicide. The investigation in... | 4 |
235. 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 out in the Con... | 4 |
91. The Government relied on the information provided by the Prosecutor General’s Office and argued that the Russian authorities were not responsible for the actions of the unidentified persons who had abducted Artur Bersunkayev and that the investigation had not obtained any evidence to the effect that representative... | 4 |
28. The Government submitted that they were aware of “the potential impact of the lack of a separate investigation into the killing of the applicants’ relative on the obligation to conduct an effective investigation”. The Government invited the Court to hold that Article <mask> of the Convention had not been violated ... | 4 |
42. The Government considered that these complaints were inadmissible because of the applicants’ non-compliance with the six-month rule. In particular, at the material time the law in force did not provide for a possibility to claim compensation from the State for any damage inflicted by a State official who was not a... | 4 |
89. The applicant maintained her complaints. In her opinion, it was beyond reasonable doubt that Isa Kaplanov and Ruslan Sadulayev had been detained by representatives of the federal forces, this fact having been confirmed by eyewitness statements and the findings of the domestic investigating authorities. The applica... | 4 |
51. The Government submitted that Article <mask> of the Convention did not apply in the circumstances of the present case. They maintained that the applicants were no longer victims of a violation of the aforementioned provision following the redress provided by the authorities, within the meaning of Article 34 of the... | 4 |
193. The applicant disputed the Government's submission and claimed that she had lodged her application with the Court within the six months' time-limit as required by the Convention. She stressed that she did not allege a breach of Article <mask> of the Convention only in respect of the murder of her husband, but com... | 4 |
85. The applicant complained that the officers from the Ventspils State Police were not sufficiently independent as they were colleagues of A.J. He accepted, however, that the Prosecutors were adequately independent and impartial for the purposes of Article <mask> of the Convention. The Court agrees with this concessi... | 4 |
52. The Government claimed that immediately after the incident a preliminary investigation had been launched and charges mandatorily brought against G.A. According to the Government, the investigation had been prompt and effective. In particular, the authorities had showed initiative and had produced medical, forensic... | 4 |
114. The Government observed that, with regard to Article <mask> of the Convention, it was necessary to make a distinction between, on the one hand, cases where death had been inflicted deliberately or had occurred following assault or ill-treatment and, on the other, cases where death had been inflicted unintentional... | 4 |
70. The Government submitted that the domestic authorities had made every effort to satisfy the procedural obligation inherent in Article <mask> of the Convention. Three high-ranking officers with experience in military operations in that area had been appointed as experts to assist in the investigation. A number of s... | 4 |
60. The applicants complained under Article <mask> of the Convention, read in conjunction with the State’s general duty under its Article 1 to “secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention”, that Germany did not provide for an adequate or effective official investiga... | 4 |
53. The applicant’s action against the State provided an appropriate remedy by which to establish liability for R.D.’s actions resulting in a breach of the applicant’s rights under Article <mask> of the Convention. The fact that he did not seek compensation from R.D. is not decisive, since the object of his claim, as ... | 4 |
23. The Government argued that the applicants had submitted their application with the Court twenty years after their relative had died. There had been a period of inactivity in the investigation in question between 2005 and 2015 and the applicants had not demonstrated adequate interest in the progress of the investig... | 4 |
31. The applicant maintained her complaint. She argued that the investigating authorities had failed to consider any other version of events in respect of her daughter’s death aside from suicide. The applicant noted that between May 2007 and October 2011 twenty decisions had been taken refusing to institute criminal p... | 4 |
44. The applicant submitted that her son, Hubert Mojsiejew, had been killed in the sobering-up centre and that his right to life protected by Article <mask> of the Convention had therefore been violated. The legal regulations in force had proved to be ineffective and theoretical as they had not afforded effective prot... | 4 |
80. The Government pointed out that J. had been shown to pose a serious threat to those present at the scene. He had previously been involved in a siege situation and in other violent crimes. He was known to have acted violently towards the police and even towards members of his own family, having shot at his own brot... | 4 |
52. The applicant’s representatives invited the Grand Chamber to “affirm the judgment” made by the Chamber but submitted no further claim for just satisfaction either as regards costs and expenses incurred before it or with respect to pecuniary or non‑pecuniary damage. The applicant also made a written statement confi... | 4 |
190. The applicant does not complain that her cousin was killed by State agents in circumstances which breached Article 2 in its substantive aspect; consequently, she does not aver that his shooting was unlawful or that the conduct and planning of Operation THESEUS 2 was in breach of Article 2. Rather, her complaints ... | 4 |
242. The applicants maintained their complaints alleging that their relatives had been abducted and intentionally deprived of their lives in circumstances that had violated Article <mask> of the Convention. They further argued that the investigation into the incidents had fallen short of the standards set down in the ... | 4 |
132. The applicant alleged that his brother, who had been arrested on 12 September 1994, had disappeared while in custody and had in all probability been killed by the security forces. He submitted that the respondent State had to be declared responsible for failing to protect his brother’s right to life, in breach of... | 4 |
79. The applicant alleged that the failure by the authorities to comply with their obligation to protect her life and that of her son, who was killed by her husband, had resulted in a violation of Article <mask> of the Convention. She submitted in that regard that the Italian authorities had failed to protect her son’... | 4 |
57. The applicant maintained that an effective remedy for the purposes of Article <mask> of the Convention would have been a proper criminal investigation of the circumstances of the explosion which killed her husband and seriously injured her. She had lodged the application with the Court within six months, as soon a... | 4 |
106. The applicants further complained under the substantive limb of Article <mask> of the Convention that the authorities had not taken reasonable and adequate steps to protect the life and health of V.P. It appeared from the investigation that V.P. had been escorted to the ground floor because the toilet located on ... | 4 |
40. The Government submitted that the criminal investigation had been opened immediately after the accident and that investigative measures were carried out comprehensively and promptly. The national authorities had taken all necessary steps in order to collect the evidence and to establish the circumstances of the d... | 4 |
43. The applicant maintained her complaint. She submitted that her brother’s death had been caused by the authorities’ failure to provide him with medical treatment. Despite their knowledge of his condition, they had left him without any medical assistance for thirty-six hours. Their negligence had been the direct cau... | 4 |
151. The applicant further submitted that there had been other instances of medical negligence, such as the four occasions on which her husband had been imprudently discharged from hospital (13 December 1997, 23 December 1997, 9 January 1998 and 3 February 1998). In addition, she argued that the direct cause of her hu... | 4 |
36. The Government disputed the complaint. They argued that the authorities’ actions in the case had been adequate, and that the procedural requirements of Article <mask> of the Convention had been complied with. It was important that the authorities’ obligation to investigate was an obligation of means, not of result... | 4 |
91. The Government thus contended that the use of lethal force in the present case had been no more than absolutely necessary for the purposes of paragraph 2 (a) and (b) Article <mask> of the Convention, and that the deaths of Amkhad Gekhayev and Zalina Mezhidova had been the result of “the local residents’ failure to... | 4 |
45. The Government submitted that the respondent State had fulfilled its procedural obligation under Article <mask> of the Convention in that it had established the circumstances under which M.N. had been killed; and identified and punished I.S. as the perpetrator of the crime. The charges brought against Z.J., P.K., ... | 4 |
98. The applicants contended that the civil proceedings which they had instituted concerning the accidental death of their relative had failed to meet the requirement of promptness and effectiveness. They pointed out that the civil proceedings at issue had lasted for more than fifteen years and that during the proceed... | 4 |
249. 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 investigations into the incidents had fallen short of the standards set down in the Con... | 4 |
61. The Government argued that the investigation into the murder of the applicant’s husband met the Convention requirement of effectiveness, as all the 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 ... | 4 |
149. The applicant agreed with the facts as laid down in the Chamber judgment as well as the reasoning adopted in finding a substantive violation of Article <mask> of the Convention. She further submitted that the Court should also take into account at least one other aggravating factor. In this connection the applica... | 4 |
46. The Government maintained that the authorities had complied with their positive obligation under Article <mask> of the Convention to secure the applicant’s son’s right to life and that they could not be held responsible for his death, which had been a tragic incident. They referred to legal regulations which had b... | 4 |
110. The Government argued that the investigation into the disappearance 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... | 4 |
22. The applicants complained of the lack of an effective, impartial and thorough investigation, capable of leading to the identification and punishment of those responsible for the violent crackdown on the demonstrations of December 1989 in Bucharest, Timișoara, Slobozia, Vișina and Țăndărei, when they had been injur... | 4 |
142. The Government contended that Article <mask> of the Convention was inapplicable in the present case. They pointed out, first of all, that the second, fourth and fifth applicants had not been at home during the flood and that there was no evidence that their lives had been put at risk at any time. The Government t... | 4 |
37. The Government argued that the Croatian authorities had taken all the appropriate steps, interviewed everyone who could have had any information about the events at issue and had followed up all leads as soon as they had learned about the abduction of the applicant’s husband in 2004. They had thus satisfied their ... | 4 |
64. The Government submitted that the legal remedies at the domestic level had afforded appropriate redress for the applicants' complaints under Article <mask> of the Convention. They further asserted that the national authorities had conducted an effective investigation into the applicants' complaints. In their opini... | 4 |
61. The Government relied on the information provided by the Prosecutor General’s Office and argued that the investigation had not obtained any evidence that Adam Ayubov was dead, or that representatives of the federal military or security agencies had been involved in his abduction or alleged killing. They contested ... | 4 |
56. The Government maintained that the State cannot be held responsible for the death of the applicant’s husband. They submitted that Article <mask> of the Convention was not applicable to the present case as his death had been a tragic accident. Moreover, at the time of making their submissions the issues surrounding... | 4 |
30. The Government submitted that the criminal investigation had been opened promptly and that comprehensive investigative measures had been carried out. The national authorities had taken all the necessary steps to collect evidence and to establish the circumstances of the death of the applicant’s son. Delays in the ... | 4 |
82. The applicant did not allege that the death of her son had been caused intentionally. Nor do the facts of the case suggest otherwise. Therefore, Article <mask> of the Convention did not necessarily require a criminal-law remedy (see Vo v. France [GC], no. 53924/00, § 90, ECHR 2004‑VIII). In so far as such a remedy... | 4 |
100. The Government have not referred to any other procedure whereby the liability of the authorities can be established in an independent, public and effective manner. While they laid weight on the inquiry, the Court has found above that, although it provided, in many respects, a thorough and useful investigation, it... | 4 |
83. The Government argued that there had been no violation of the procedural obligation under Article <mask> of the Convention by reason of the delay. They were of the view that the inquest process which had now taken place showed that even if the inquest had taken place earlier, the result would have been no differen... | 4 |
39. The applicants noted that the investigation following the arson attack on the first applicant’s house suffered from a number of crucial omissions which made it ineffective. The conclusion that Major I. was not involved in the arson attack was reached without interviewing key eyewitnesses. According to the applican... | 4 |
24. The applicant further complained under Article <mask> of the Convention and Article 1 of Protocol No. 1 on account of lack of compensation for his disability. He also alleged a violation of Articles 6 § 1 and 13 of the Convention in respect of the courts' assessment of evidence and interpretation of the national l... | 4 |
84. The applicant complained under Article <mask> of the Convention that the police had refused to institute criminal proceedings following her initial complaint of 15 October 2009 and that when proceedings were finally initiated, they had been unreasonably lengthy. All the steps necessary to secure possible evidence ... | 4 |
69. The Government referred to the results of the forensic examination according to which the remains of Mr Ismail Dzhamayev had been found at the cemetery where bodies of the illegal armed groups’ members killed on 7 and 9 March 2002 had been buried. They submitted that he had been involved in the fight on 9 March 20... | 4 |
59. The Government argued that all complaints in respect of the death and medical treatment of the applicant’s sister were outside of the Court’s temporal jurisdiction. They pointed out that the Convention had entered into force in respect of Croatia on 5 November 1997 and that the applicant’s sister had died in 1994.... | 4 |
56. The Government further contented that the taking of Mr Apti Dalakov’s life had been in accordance with subparagraphs (a) and (b) of paragraph 2 of Article <mask> of the Convention, namely that it was in defence of others from unlawful violence and in order to effect a lawful arrest. In their submission the Governm... | 4 |
41. The applicant emphasised that twenty-four years after her husband had been killed, the related criminal investigation had still not identified those responsible and sent them for trial. She considered that the duration of the investigation had been excessive and that the authorities had not complied with the requi... | 4 |
61. The applicant complained that he had been unable to obtain compensation for harm suffered as a result of an aircraft accident from the various third parties involved (see paragraph 75 below) and that the State should bear responsibility for any shortcomings in the legal regulation of the safety of private flights.... | 4 |
290. The applicants complained that, on 20 February 1993, the security forces had opened fire on the houses in Ormaniçi without advance warning, that Abide Ekin and Ali Yıldırım had been killed and the latter's sister Emine Yıldırım injured as a result of the explosion of devices used by the security forces on that da... | 4 |
80. The applicant complained that the authorities had failed to protect the right to life of her son in violation of Article <mask> of the Convention. In particular, she argued that the hospital had been negligent in so far as it had not supervised him sufficiently, had not installed adequate security fencing to preve... | 4 |
96. The Government argued that the investigation was prompt and exceptionally thorough. The police arrived at the scene immediately after the applicant’s son’s body was discovered. The circumstances of his death, including any possible omission on the part of the prison staff, were investigated by the police and the P... | 4 |
56. The applicant contended that his son had died as a consequence of the prison authorities’ failure to protect his life. Moreover, the pre-trial investigation into the events had not complied with the requirements of Article <mask> of the Convention. The investigation had been suspended and restarted on numerous occ... | 4 |
59. The applicants alleged that the respondent State had failed in its obligations under the procedural aspect of Article <mask> of the Convention. They alleged that those provisions required the State to conduct an effective, impartial and thorough investigation capable of leading to the identification and punishment... | 4 |
49. The Government contested that argument. They submitted that the Russian investigating and judicial authorities had conducted a thorough, comprehensive and objective investigation into the applicant's allegations concerning the cause of her son's death. The forensic experts, on whose findings the authorities had ba... | 4 |
79. The applicant further maintained that the domestic authorities had failed to conduct an effective investigation into the circumstances of her daughter’s death. She submitted that the initial investigation had lasted from 7 June to 7 August 2003. During these two months the investigator had questioned her and grant... | 4 |
70. The Government submitted that the police officers involved in the organisation and conduct of the training had been disciplined or criminally prosecuted, in compliance with the requirements of Article <mask> of the Convention to ensure, where lives have been lost in circumstances potentially engaging the responsib... | 4 |
45. The Government submitted that the killing and the physical injury suffered by the applicants and their relatives, as well as the opening of the criminal investigation, happened prior to the date of entry into force of the Convention for Romania on 20 June 1994. Moreover, according to the principles set out by the ... | 4 |
90. The applicants complained of a violation of the right to life in respect of their close relatives, Ilyas and Isa Yansuyev. The applicants submitted that the circumstances of their disappearance and the long period during which it had not been possible to establish their whereabouts indicated that Ilyas and Isa Yan... | 4 |
15. The applicant complained that the Russian authorities had failed to comply with the positive obligation imposed on them by Article <mask> of the Convention. In particular, she alleged that the explosion resulting in her injuries had been possible due to the lax security at the Domodedovo airport. Relying on Articl... | 4 |
58. The Government submitted that the applicants could not claim to be victims of a violation because the investigation had categorically established that Mr Todorov’s death had been self‑inflicted and not the result of actions taken by the police. It had therefore not engaged the State’s responsibility under Article ... | 4 |
154. The applicant submitted that she was entitled to damages in respect of the unlawful deprivation of the life of her husband Dermot McShane and in respect of any failure in the investigation process, referring to the previous Northern Ireland cases, where non-pecuniary damages of 10,000 pounds sterling (GBP) were a... | 4 |
77. The Government further noted that, as established by the domestic courts, the applicant’s son had committed suicide. They asserted that this action had been his own choice, to which Article <mask> of the Convention was inapplicable. The Government referred in this connection to the case of Pretty v. the United Kin... | 4 |
56. The applicant alleged that the circumstances surrounding the abduction and disappearance of Mehmet Şah Şeker gave rise to a violation of Article <mask> of the Convention. He further contended that the authorities had failed to carry out an adequate and effective investigation into the circumstances of his son’s di... | 4 |
74. The applicant complained that she had been unable to secure the conviction of the doctor whose medical negligence had caused her to have to undergo a therapeutic abortion. It has not been disputed that she intended to carry her pregnancy to full term and that her child was in good health. Following the material ev... | 4 |
113. The applicant claimed damages on behalf of himself and his parents. The Court observes that Article 41, except in certain specific cases mostly related to complaints being brought on behalf of a deceased person under Article <mask> of the Convention, provides for the payment of just satisfaction to only the direc... | 4 |
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