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• Europäischer Gerichtshof für Menschenrechte

  SHCHERBAKOVA v. RUSSIA

  Inadmissible (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  SHCHERBAKOVA v. RUSSIA

  Art. 1, Art. 2 Abs. 1 MRK
  [ENG]

Wird zitiert von ... (0)Zitiert selbst (7)

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• EGMR, 30.03.2016 - 5878/08

  [ENG]

  Auszug aus EGMR, 17.11.2020 - 27628/18

  Any deficiency in the investigation which undermines its capability of establishing the circumstances of the case or the person responsible is liable to fall foul of the required standard of effectiveness (see, with further references, Armani Da Silva v. the United Kingdom [GC], no. 5878/08, §§ 232-33, 30 March 2016).
• EGMR, 14.03.2002 - 46477/99

  PAUL ET AUDREY EDWARDS c. ROYAUME-UNI

  Auszug aus EGMR, 17.11.2020 - 27628/18

  A positive obligation will arise, the Court has held, where it has been established that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual by a third party or himself and that they failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk (see Keenan v. the United Kingdom, cited above, § 90, and Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 55, ECHR 2002-II).
• EGMR, 13.06.2002 - 38361/97

  ANGUELOVA v. BULGARIA

  Auszug aus EGMR, 17.11.2020 - 27628/18

  Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see, among many other authorities, Anguelova v. Bulgaria, no. 38361/97, §§ 109-11, ECHR 2002-IV).

• EGMR, 27.07.2004 - 57671/00

  SLIMANI v. FRANCE

  Auszug aus EGMR, 17.11.2020 - 27628/18

  As a general rule, the mere fact that an individual dies in suspicious circumstances while in custody should raise an issue as to whether the State has complied with its obligation to protect that person's right to life (see Slimani v. France, no. 57671/00, § 27, ECHR 2004-IX (extracts)).
• EGMR, 18.06.2015 - 41675/08

  [ENG]

  Auszug aus EGMR, 17.11.2020 - 27628/18

  Having examined the evidence in the case file and the parties' submissions, the Court finds that it cannot be said that the authorities knew or ought to have known of the existence of a real and immediate risk to Mr S.S.'s life on that night and that it also cannot be maintained that the police officers had failed to take basic precautions in order to minimise any potential risk to protect the health and well-being of the arrested person (see, by contrast, Fanziyeva v. Russia, no. 41675/08, §§ 57-58, 18 June 2015, and Keller v. Russia, no. 26824/04, § 89, 17 October 2013).
• EGMR, 17.10.2013 - 26824/04

  [ENG]

  Auszug aus EGMR, 17.11.2020 - 27628/18

  Having examined the evidence in the case file and the parties' submissions, the Court finds that it cannot be said that the authorities knew or ought to have known of the existence of a real and immediate risk to Mr S.S.'s life on that night and that it also cannot be maintained that the police officers had failed to take basic precautions in order to minimise any potential risk to protect the health and well-being of the arrested person (see, by contrast, Fanziyeva v. Russia, no. 41675/08, §§ 57-58, 18 June 2015, and Keller v. Russia, no. 26824/04, § 89, 17 October 2013).
• EGMR, 10.04.2012 - 21731/02

  SHCHEBETOV v. RUSSIA

  Auszug aus EGMR, 17.11.2020 - 27628/18

  Having considered the parties' submissions and the case-file materials, the Court finds that the evidence collected by the authorities was generally consistent with the version of the facts as set out by the investigation above (see, for similar approach, Shchebetov v. Russia, no. 21731/02, §§ 56-57, 10 April 2012).

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