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213. The applicant contended that there had been a violation of Article <mask> of the Convention by both the Russian and Cypriot authorities on account of the failure of the Cypriot authorities to take steps to protect the life of his daughter and the failure of the authorities of both States to conduct an effective i...
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78. The Government finally submitted that by ordering the applicant’s release they would have breached their positive obligation under Article 3 and possibly even under Article <mask> of the Convention to protect potential victims from further violent offences. According to the findings of the domestic courts, it was ...
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88. The applicants restated their complaint referring directly to Article <mask> of the Convention and argued that Aslanbek Khamidov had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for more than eight years. The applicants submitted that they had not immedia...
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152. The Government maintained that the criminal proceedings relating to the murder of the applicant's husband had been initiated on 27 February 2001, and the applicant recognised as an aggrieved party within those proceedings. The Government argued that the applicant should have raised her complaint under Article <ma...
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89. The Government did not accept the applicant's claims under Article <mask> of the Convention that her husband was deprived of his life intentionally or by any excessive or unjustified use of force. Indeed, in this case, there was no question of force being used against the applicant's husband. The events which led ...
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128. The Government argued that, given the exceptional circumstances of the case, the authorities had carried out an effective investigation and emphasised that every effort had been made by them to identify and punish those responsible, in accordance with the requirements of Article <mask> of the Convention, which di...
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39. The applicant complained under Article <mask> of the Convention that the gendarmes had acted in complete disregard of the right to life by using explosives and firearms and that it was only by pure chance that he had survived. Under Article 3 of the Convention the applicant further complained that, having been sho...
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118. The applicants further considered that, even under the “new material test” which had been developed and applied in the Chamber judgment, the Court could be competent to examine Russia’s compliance with the procedural obligation under Article 2, assuming that the required new element was not limited to important n...
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54. The applicants complained of a violation of the right to life in respect of their relative, Vakhid Musikhanov. They submitted that the circumstances of his disappearance and the long period during which his whereabouts could not be established indicated that Vakhid Musikhanov had been killed by the federal forces....
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35. The applicants complained that Mr Kałucki had been killed in breach of Article <mask> of the Convention. They alleged that the police officers had used machine and other guns from very close range on unarmed men who were panicking because they thought they were being robbed. Thus the police had used lethal force i...
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77. The Government argued firstly that the investigation into the murder of the applicant’s husband was still ongoing, and that therefore the domestic remedies had not been exhausted. They further claimed that the investigation in the present case had met the requirements of effectiveness, enshrined in Article <mask> ...
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91. The applicants complained that Amir Magomedov and Ali Uspayev had been arrested by Russian servicemen and then disappeared and that Aslan Dokayev and Rustam Achkhanov had been shot and taken away by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into these m...
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72. The Government, recounting in detail the facts described above, argued that the various national authorities had done everything they could in the present case and had consistently established the cause of Mr Dejan Petrović’s death. An independent prosecutor had carried out the investigation, and the police office...
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68. The applicants complained that the police had failed to ensure the safety of the participants in the training exercise which had resulted in their son’s death and which they claimed, moreover, was intentional. The applicants further complained that the investigation into alleged negligence on the part of police of...
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64. The Government contended on one hand that Article <mask> of the Convention was not applicable to the applicants’ complaint concerning the disappearance of their brother and that their complaint under this head must be examined under Article 5 of the Convention. To this end they referred to the case of Kurt v. Turk...
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70. The applicants also submitted that the doctors had been aware of the patient’s critical condition. Referring to the case of Jasinskis v. Latvia (no. 45744/08, §§ 67-68, 21 December 2010), they argued that the Government were responsible for her death, in that the necessary care had not been provided, and had there...
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23. The applicants complained under Article <mask> of the Convention that their relative had been killed unlawfully by the soldiers. They submitted that the fact that his hunting rifle was still fully loaded at the time of the killing, coupled with the absence of any bullets or bullet cases which might have been disch...
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34. The applicant complained that Police Officer Apostolidis had used a weapon during the course of his arrest. He also complained, under the same provision, that the investigative and prosecuting authorities had failed to launch a prompt, comprehensive and effective official investigation into the legitimacy of the u...
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45. The Government submitted that the present application is inadmissible as regards the applicant’s complaints about the alleged violation of Article <mask> of the Convention, on account of the lengthy investigation of the traffic accident which resulted in bodily injuries to the applicant, since this part of the app...
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58. The applicant complained that all the relevant facts concerning the death of his sister had not been properly established in the unreasonably long criminal proceedings against Dr V.B. The Court, being master of the characterisation to be given in law to the facts of the case, will consider this complaint under Art...
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84. The applicants maintained in reply that they had been submitted to ongoing harassment which also included acts of physical violence against the first applicant and verbal violence against both applicants. Such harassment had disrupted their daily lives and caused them a significant level of constant stress and suf...
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129. The applicants argued that it was beyond reasonable doubt that Muslim Nenkayev had been kidnapped by representatives of federal forces. They further stressed that their relative had been abducted in life-threatening circumstances and argued, relying on Article <mask> of the Convention, that the fact that he had r...
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79. The applicant submitted that the State had violated its procedural obligations under Article <mask> of the Convention by failing to carry out an effective investigation of the circumstances surrounding the applicant’s daughter’s death. Even if a civil remedy would have been an appropriate remedy in this case, the ...
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83. The Government further noted that, following inquiries conducted by the prison administration, the initiation of an investigation had been refused on 10 August 2001. The refusal had been reiterated on 24 August 2001. However, that decision had been quashed by a prosecutor and an investigation had been instituted o...
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30. The Government further maintained that in the present case, unlike in the case of Osman v. the United Kingdom (28 October 1998, Reports of Judgments and Decisions 1998‑VIII), the State authorities had not known of the existence of a real and imminent risk to the life of the applicants’ relatives. Moreover, D. had ...
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59. The applicant complained under Article 2 § 1 of the Convention of the lack of effective and adequate measures taken by the police and prosecutor's office to investigate her son's death. She maintained, in particular, that the Ukrainian authorities had failed to comply with their positive obligation to carry out a ...
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48. The applicant complained about her father’s death following his arrest by the police and his deprivation of liberty in Argenteuil police station. She argued that the necessary measures for the protection of his right to life had not been taken. She further argued that the investigation into the facts had not been ...
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40. The applicant complained that the investigation into her son’s death had not met the requirements of effectiveness under Article <mask> of the Convention, given the decision of the prosecuting and judicial authorities not to investigate all aspects of the incident or to attach any responsibility to all of the pers...
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74. The Government acknowledged that the State’s duties under Article <mask> of the Convention encompass a positive obligation to take preventive measures in order to protect an individual whose life is at risk from criminal acts of another individual. Nonetheless, Pravieniškės Prison authorities and its medical staff...
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28. The applicant complained of a violation of Article <mask> of the Convention in that no effective investigation had been carried out into the circumstances of the accident which had resulted in the death of her husband. She also complained of a violation of Article 6 of the Convention, claiming that the criminal in...
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30. The Government submitted that the relevant circumstances had been effectively examined at the domestic level and that there had been no procedural violation of Article <mask> of the Convention. They admitted that the civil claim had been closely linked to the determination of the criminal charges against Dr G. How...
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99. The Government pointed out that Bulgarian law made provision for “compassionate use” of unauthorised medicinal products. However, they emphasised that such products carried serious risks, which required them to be carefully regulated. The State was entitled to refuse permission for the use of an unauthorised medic...
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45. The applicants complained that Mr Mihaylov had been killed by the police in circumstances in which the use of lethal force had not been absolutely necessary. They also complained that the authorities had failed to conduct an effective investigation into that matter. They relied on Article <mask> of the Convention,...
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51. The applicants alleged that Adnan Yıldırım had been tortured and killed following his abduction by undercover agents of the State or by persons acting under their express or implicit instructions. They also complained that the authorities had failed to carry out an effective and adequate investigation into his kil...
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33. The Government claimed that the applicants’ complaints under Article <mask> of the Convention were incompatible ratione personae with the provisions of the Convention, as the first applicant, who had alone been responsible for the accident that had claimed his wife’s life, could not be considered to have victim st...
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89. The applicant complained of a violation of the right to life in respect of her son, Artur Bersunkayev. She submitted that the circumstances of his disappearance and the long period during which his whereabouts could not be established indicated that Artur Bersunkayev had been killed by the federal forces. The appl...
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148. The applicant submitted that, according to the more recent understanding of Article <mask> of the Convention (she referred to Dodov v. Bulgaria, no. 59548/00, 17 January 2008; Mehmet Şentürk and Bekir Şentürk v. Turkey, no. 13423/09, ECHR 2013; Arskaya v. Ukraine, no. 45076/05, 5 December 2013; Asiye Genç v. Turk...
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34. The applicant complained under Articles 2 and 13 of the Convention that her son had been killed as a result of the unnecessary use of firearms by a State agent and that the authorities had failed to conduct an effective investigation into her son’s death. The Court will examine the present complaint under Article ...
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93. The Government considered that, given the leading judgments delivered by the Court in the case of the Association “21 December 1989” and Others (cited above), it was clear that every similar case which satisfies the admissibility criteria could raise a problem under the procedural limb of Article <mask> of the Con...
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35. The Government submitted that the “TRNC” authorities had been fully justified under paragraph 2 of Article <mask> of the Convention in taking all necessary precautions and using necessary force in order to avert the danger and protect the lives of others. An assembly of 150 persons throwing missiles at a patrol of...
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74. The applicant disputed that objection. He claimed that the fact that the investigation into the circumstances of the disappearance and death of his son was still pending cast doubt upon its effectiveness and that, in any event, he had not been informed of the conduct of the investigation, and therefore had been un...
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13. The applicants complained that the domestic authorities had not carried out within a reasonable time an effective investigation into the events of December 1989 which occurred in Bucharest, Slobozia, Târgoviște and Reșița, during which they were injured from gunfire or their close relatives were killed. They relie...
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47. The Government, acknowledging their positive obligation under Article <mask> of the Convention to take appropriate steps to safeguard the lives of those within their jurisdiction, submitted that – as radio and power lines constitute a source of increased danger – special instructions, rules and regulations regulat...
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116. The applicants complained that the authorities had failed to comply with their positive obligations to take appropriate measures to mitigate the risks to their lives against the natural hazards. The first applicant complained that the domestic authorities were responsible for the death of her husband in the mudsl...
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71. The applicants complained that the State authorities had not undertaken reasonable and adequate steps to protect the life and health of V.P. and that the State had not provided sufficient explanation of V.P.’s death. Alleging that the investigation into the latter’s death had been carried out by an internal depart...
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46. The applicant complained that the authorities had failed to protect the life of her son and were responsible for his death. She also complained that the investigation into her son's death had not been adequate or effective, as required by the procedural obligation imposed by Article <mask> of the Convention. This ...
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45. The Government submitted firstly that the applicant had failed to properly exhaust the available domestic remedies. Referring to the Court’s case-law on the subject of the State’s positive obligations under Article <mask> of the Convention, they argued that the criminal-law avenue was not the one to be pursued by ...
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36. The Government further submitted that the applicant’s detention and his subsequent placement in a disciplinary cell had been lawful, having complied with the provisions of national law laying down responsibility for disciplinary offences committed by servicemen. The use of force by Mr L. had been absolutely necess...
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44. The Government submitted that the criminal investigation was carried out comprehensively and promptly. The national authorities had taken necessary steps in order to collect the evidence and to establish the circumstances of the applicant’s husband’s death. Certain delays during the proceedings had not been attri...
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196. The applicants stressed that their relatives, Serdar Tanış and Ebubekir Deniz, had disappeared in circumstances in which their lives were in danger. They submitted that account should be taken not only of the specific context in which the men had disappeared, but also of the broader context of a large number of s...
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162. The applicant asked the Court to find a violation of Article <mask> of the Convention on the ground that the investigation into the disappearance and the subsequent killing of her husband had been so fundamentally flawed as to amount to a failure to comply with the procedural requirements of that provision. The a...
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125. The applicants submitted that the domestic authorities had never informed them of any orders or decisions introducing a curfew and stressed that the Government had failed to produce any documents which would confirm that a curfew had been introduced in the Chechen Republic or indicated either its start or end dat...
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37. The Government acknowledged that Article 201 of the Statute of Garrison and Sentry Service, in force at the material time, had not indicated that the use of force had to be absolutely necessary. However, that legal norm had indicated that deadly force could only be used in specific cases and as a measure of last r...
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119. The applicants argued that the treatment to which the first applicant and Mr Bashir Velkhiyev had been subjected should be characterised as torture. To support their argument they referred to the severity of the injuries both of them had sustained and which in Mr Bashir Velkhiyev’s case had resulted in death. The...
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160. The Government maintained that the State had not been liable for the death of Aslan Maskhadov and that the investigation had fully complied with the requirements of the procedural aspect of Article <mask> of the Convention. The Government reiterated their earlier request to declare the case inadmissible as the ap...
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52. The Government referred to the fact that in April 2009 the applicant had received compensation in an amount equivalent to about EUR 7,066 at the time. As to the procedural aspect of Article <mask> of the Convention, it is noted that the civil courts explicitly dismissed the applicant’s arguments supporting her mon...
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126. The applicant complained that her husband was killed in circumstances indicating that agents of the Turkish State were in one way or another involved. She further complained of a failure by the authorities to protect her husband's life and to carry out an effective and adequate investigation into his killing. She...
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73. The applicants submitted that there was overwhelming evidence to conclude that Nura Luluyeva had been deprived of her life by State agents in circumstances that violated Article <mask> of the Convention. They argued that she had been detained on 3 June 2000 during a “mopping-up” operation in Mozdokskaya Street in ...
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63. The Government raised two combined preliminary objections. On the one hand they contested the Court’s competence ratione temporis to examine the applications under the procedural head of Article <mask> of the Convention and, on the other hand, they argued that the applications had been lodged out of time, as the a...
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122. The applicant also submitted that there had been a violation of Article <mask> of the Convention on account of the State's failure to carry out an adequate and effective investigation into his son's death. In support of his allegation the applicant contended, in particular, that the autopsy carried out on the bod...
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69. The Government submitted that the investigation had been conducted by independent prosecution agencies (see Gülec v. Turkey, no. 21593/93, 27 July 1998, Reports 1998-IV, §§ 81-82, and Öğur v. Turkey [GC], no. 21594/93, 20 May 1999, §§ 91-92, ECHR 1999-III) and that it had been prompt and expedient, having started ...
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51. The applicants complained about the killing of their father and deficiencies in the investigation in that respect. They also claimed that their father 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...
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45. The applicants alleged that the killing of their son had been the result of deliberate acts by members of the Turkish armed forces. The circumstances of the case strongly suggested that the persons who shot Stelios Kalli Panayi had intended to kill him. Moreover, even assuming that this had not been the case, the ...
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48. The applicant complained under Article <mask> of the Convention that his brother, Mr Abubakar Tsechoyev, had been abducted and subsequently deprived of his life by State agents and that the domestic authorities had failed to carry out an effective investigation of the matter. He also alleged that the domestic inve...
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79. The Government acknowledged that the applicants' eight relatives had been abducted from their homes and later found dead. They argued, however, that the Russian authorities were not responsible for the actions of the unidentified persons who had abducted the applicants' eight relatives and that the investigation h...
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111. The applicants Mr and Mrs Vlase alleged that their son, Nicuşor Vlase, was killed at the end of the December 1989 following the use of lethal force by State agents. They criticised the relevant authorities for failing to conduct an effective, impartial and thorough investigation, capable of leading to the identif...
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15. The Government contended that the application was out of the Court’s temporal jurisdiction because the event in question had taken place on 12 December 1996, whereas Croatia had only ratified the Convention on 5 November 1997. Because the State’s procedural obligation under Article 2 had been to conduct an effecti...
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201. The Government contested that allegation. Relying on Andronicou and Constantinou v. Cyprus (9 October 1997, § 171, Reports of Judgments and Decisions 1997‑VI), they argued that the use of force by the police was compatible with Article <mask> of the Convention, which allowed the use of force which could lead to t...
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43. The applicants in the instant case did not contest the domestic courts’ finding that the first applicant bore the primary responsibility for the occurrence of the accident. They nevertheless made two claims which may engage the respondent State’s concurrent responsibility for the death under Article <mask> of the ...
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31. The Government stressed that in the course of the domestic investigations it had been established that driver Br. had not been working for the police at the time of the accident. The Government contended that acts committed by a private individual could not in any way engage the State’s liability under the substan...
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49. The applicant complained that her husband died as a result of the insufficient health care during his detention in St Petersburg and the conditions of his detention and of his transportation to Moscow. She further complained that no adequate and effective investigation was conducted into her husband’s death. She a...
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160. The applicant alleged that his two sons had been taken away by the security forces and that it must be presumed that they were now dead in circumstances for which the authorities were responsible. He complained that no meaningful investigation had been carried out into the disappearance and subsequent death of hi...
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49. The Government further submitted that since the applicant had failed to institute separate civil proceedings against K, as the owner of the car, “any of his civil-law claims under Article <mask> of the Convention were inadmissible in view of his failure to exhaust domestic remedies prior to his application to the ...
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53. The Government argued further that the applicants had not complied with the six-month time-limit. In this connection they contended firstly that the applicants had not reported the killing of Milan Zdjelar to the relevant authorities for almost six years. Moreover, the applicants should have become aware of the de...
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105. The applicants maintained their complaints. They submitted that the arrest operation carried out by the FSB servicemen had not been properly planned. Referring to the case of Karagiannopoulos v. Greece (no. 27850/03, § 61, 21 June 2007), they emphasised that the very fact that Beslan Arapkhanov’s handcuffs had be...
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313. The Government contended, on the one hand, that Article <mask> of the Convention was not applicable to the applicants’ complaints concerning the disappearance of their relatives and that their complaints under this head must be examined under Article 5 of the Convention. To this end they referred to the case of K...
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64. The Government accepted that, in the light of the Court's previous judgments (Hugh Jordan v. the United Kingdom, no. 24746/94, 4 May 2001, McKerr v. the United Kingdom, no. 28883/95, ECHR 2001-III, Kelly and Others v. the United Kingdom, no. 30054/96, 4 May 2001, and Shanaghan v. the United Kingdom, no. 37715/97, ...
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86. The Government argued that the investigation into the disappearance and murder 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 ...
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224. The applicant claimed that Cyprus and Russia had violated their obligations under Article <mask> of the Convention to conduct an effective investigation into the circumstances of Ms Rantseva’s death. He pointed to alleged contradictions between the autopsies of the Cypriot and Russian authorities (see paragraph 5...
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135. The applicant claimed the following amounts in respect of non-pecuniary damage: EUR 100,000 on account of the violation of Article <mask> of the Convention in respect of her husband; EUR 25,000 on account of the suffering she had endured as a result of the loss of her husband, the indifference shown by the author...
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94. The Government argued that there were no grounds to hold the State responsible for the alleged violations of Article <mask> of the Convention in the present case. They contended that there was no conclusive evidence that the applicants' relatives were dead and that the investigation had obtained no evidence that r...
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255. 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...
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146. The Government referred to the results of the forensic examination according to which the remains of Mr Aslan Akhmadov, Mr Said-Selim Kanayev, Mr Amir Pokayev, Mr Islam Chagayev and Mr Ibragim Magomadov had been found at the cemetery where the bodies of the illegal armed groups’ members killed on 7 and 9 March 20...
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62. The Government argued that the domestic authorities had set up an adequate legal framework for protecting patients’ lives, for regulating the medical profession and for punishing any faulty behaviour. They underlined that all medical documents and reports had shown that the applicant’s son had been given the appro...
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87. The Government indicated that no direct reference to Article <mask> of the Convention had been made in the application form submitted by the applicants. Further, they contended that the domestic investigation had obtained no evidence to the effect that Aslanbek Khamidov was dead or that any State servicemen had be...
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55. The applicant invoked Articles 2, 3 and 6 of the Convention. However, since it is master of the characterisation to be given in law to the facts of the case (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, §§ 114 and 126, 20 March 2018), the Court considers that the applicant’s complaints sho...
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212. The Government conceded that the proceedings had been lengthy. However, they considered that this had not stood in the way of effective observance of the procedural obligation. They argued that the length of the criminal and civil proceedings and those before the IGS could be attributed precisely to the efforts m...
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125. The applicants each claimed: 30,000 euros (EUR) in respect of non-pecuniary damage as regards the procedural aspect of Article <mask> of the Convention; EUR 10,000 in respect of non-pecuniary damage as regards the procedural aspect of Article 14 of the Convention; EUR 10,000 in respect of non-pecuniary damage as ...
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30. The applicants complained, under Article <mask> of the Convention, that the failure of the relevant State authorities to take the necessary protective measures in respect of the road in question, such as repairing the damaged roadside barrier, had aggravated the outcome of the accident and had resulted in the deat...
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58. The Government asserted that that remedy had been effective and adequate in terms of the positive obligations under Article <mask> of the Convention (see Calvelli and Ciglio, cited above) and that the applicant had, through her own inaction or negligence, deprived herself of a remedy which had nonetheless been ava...
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26. The Government argued that the use of force by the soldiers had been justified under paragraph 2 of Article <mask> of the Convention and lawful under the national legislation because the soldiers had thought that they had encountered members of a terrorist organisation and had returned fire to apprehend the terror...
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202. The applicant further alleged that the level of scrutiny that the domestic courts applied to a decision not to prosecute was incompatible with Article <mask> of the Convention. This was because, pursuant to the dicta in Manning, even if a court considering a claim for judicial review concluded that a prosecution ...
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83. The applicants claimed BGN 10,000 for the non‑pecuniary damage sustained by Mr Nikolov on account of the alleged breach of Article <mask> of the Convention and BGN 10,000 for the non-pecuniary damage suffered by him on account of the alleged breach of Article 3 of the Convention. Ms Nikolova further claimed BGN 50...
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36. The applicant complained under Articles 2, 3 and 13 of the Convention that he had been infected with HIV as a consequence of negligent actions by the medical staff of detention facilities, and that the authorities had failed to carry out an effective investigation of the incident. The Court will examine the presen...
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77. The applicant did not lodge a civil claim with the courts seeking compensation for the alleged medical malpractice. Meanwhile, as noted above (see paragraph 66 above), Article <mask> of the Convention does not necessarily require the provision of a criminal-law remedy in every case of medical negligence. The quest...
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102. The applicants claimed that the authorities had failed in their obligation to carry out an effective investigation into the circumstances of their relatives' disappearance. They argued that the investigation had fallen short of the requirements of domestic law and the Convention standards. In particular, it had b...
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97. The applicant contended under Article <mask> of the Convention that his deportation to Iran had exposed him to various deadly hazards, such as being kidnapped by people smugglers and being shot by border guards. The applicant further complained under Article 3 of the Convention that he had been ill-treated by secu...
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42. The applicants alleged that the respondent State had failed to ensure appropriate medical treatment for their daughter, which had led to heart and lung damage and finally to her death. The civil proceedings they had instituted had not resulted in the effective and prompt establishment of the cause of death and the...
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23. The applicants complained under Article <mask> of the Convention that the delay in transferring Toğay Gültekin to the hospital from his regiment had delayed his access to appropriate treatment and had thus caused his death. They argued that, as Toğay Gültekin had been under the authority of the military administra...
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99. The Government submitted that there had been no doubt that the death of the applicants’ relative had been the result of an accident which had occurred while the children had been playing. In their view the domestic authorities had reacted properly and expeditiously, and the applicants’ relative had been provided w...
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