Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  KUKHALASHVILI AND OTHERS v. GEORGIA

  Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 2 - Right to life (Substantive aspect);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage ...

Wird zitiert von ... (6)Neu Zitiert selbst (25)

• EGMR, 09.11.2006 - 7615/02

  IMAKAÏEVA c. RUSSIE

  Auszug aus EGMR, 02.04.2020 - 8938/07

  The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention, and that this may, in the appropriate case, include compensation in respect of loss of earnings (see, among other authorities, Imakayeva v. Russia, no. 7615/02, § 213, ECHR 2006-XIII (extracts), and Çakici v. Turkey [GC], no. 23657/94, § 127, ECHR 1999-IV).
• EGMR, 20.04.2010 - 10036/03

  BEKTAS AND ÖZALP v. TURKEY

  Auszug aus EGMR, 02.04.2020 - 8938/07

  That applies even where domestic proceedings and investigations have already taken place (see Bekta?? and Özalp v. Turkey, no. 10036/03, § 59, 20 April 2010).
• EGMR, 09.10.2008 - 68216/01

  ALBEKOV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Secondly, from the few documents submitted by the applicants, it cannot be established with certainty that they were exclusively financially dependent upon their deceased family members (compare, for instance, Gakiyev and Gakiyeva v. Russia, no. 3179/05, §§ 171-73, 23 April 2009; Albekov and Others v. Russia, no. 68216/01, §§ 125-127, 9 October 2008; and Ikincisoy v. Turkey, no. 26144/95, § 137, 27 July 2004).

 
• EGMR, 26.07.2007 - 57941/00

  MUSAYEV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  When considering a case of that kind, the Court must, in making its assessment, subject deprivations of life to the most careful scrutiny, particularly where deliberate lethal force is used, and take into consideration not only the actions of the agents of the State who actually administered the force, but also all the surrounding circumstances, including such matters as the relevant legal or regulatory framework in place and the planning and control of the actions under examination (see Musayev and Others v. Russia, nos. 57941/00, 58699/00 and 60403/00, § 142, 26 July 2007, and Av??ar v. Turkey, no. 25657/94, § 391, ECHR 2001-VII (extracts)).
• EGMR, 23.04.2009 - 3179/05

  GAKIYEV AND GAKIYEVA v. RUSSIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Secondly, from the few documents submitted by the applicants, it cannot be established with certainty that they were exclusively financially dependent upon their deceased family members (compare, for instance, Gakiyev and Gakiyeva v. Russia, no. 3179/05, §§ 171-73, 23 April 2009; Albekov and Others v. Russia, no. 68216/01, §§ 125-127, 9 October 2008; and Ikincisoy v. Turkey, no. 26144/95, § 137, 27 July 2004).
• EGMR, 08.04.2004 - 71503/01

  ASSANIDZE v. GEORGIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Furthermore, the Court is not bound by domestic scales and practices for legal fees, and is therefore free to not endorse domestic lawyers" hourly rates which appear to be excessive (see Assanidze v. Georgia [GC], no. 71503/01, § 206, ECHR 2004-II).
• EGMR, 27.07.2004 - 26144/95

  IKINCISOY v. TURKEY

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Secondly, from the few documents submitted by the applicants, it cannot be established with certainty that they were exclusively financially dependent upon their deceased family members (compare, for instance, Gakiyev and Gakiyeva v. Russia, no. 3179/05, §§ 171-73, 23 April 2009; Albekov and Others v. Russia, no. 68216/01, §§ 125-127, 9 October 2008; and Ikincisoy v. Turkey, no. 26144/95, § 137, 27 July 2004).
• EGMR, 05.06.2007 - 63758/00

  ANIK AND OTHERS v. TURKEY

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Members of the security forces should not be left in a vacuum when performing their duties, whether in the context of a prepared operation or a spontaneous chase of a person perceived to be dangerous: a legal and administrative framework should define the limited circumstances in which law-enforcement officials may use force and firearms, in the light of the international standards which have been developed in this respect (see Makaratzis v. Greece [GC], no. 50385/99, §§ 58 and 59, ECHR 2004-XI, and Anik and Others v. Turkey, no. 63758/00, § 54 in fine, 5 June 2007).
• EGMR, 12.07.2016 - 11059/12

  ALIYEV AND GADZHIYEVA v. RUSSIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  This means not only a lack of hierarchical or institutional connection, but also a practical independence (see Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 96, 12 July 2016).
• EGMR, 12.06.2014 - 57856/11

  JELIC v. CROATIA

  Auszug aus EGMR, 02.04.2020 - 8938/07

  Regard being had to this finding, the Court considers that no separate issue arises under Article 13 of the Convention (see, for instance, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 123, ECHR 2005-VII; Trapeznikova and Others v. Russia, no. 45115/09, § 43, 1 December 2016; and Jelic v. Croatia, no. 57856/11, § 109, 12 June 2014).
• EGMR, 26.07.2001 - 51585/99

  HORVAT v. CROATIA
• EGMR, 03.03.2011 - 21454/04

  MERKULOVA v. UKRAINE
• EGMR, 06.11.1980 - 7367/76

  GUZZARDI v. ITALY
• EGMR, 12.03.2013 - 16281/10

  AYDAN c. TURQUIE
• EGMR, 06.07.2005 - 43579/98
• EGMR, 13.06.2002 - 38361/97

  ANGUELOVA v. BULGARIA
• EGMR, 01.12.2016 - 45115/09

  TRAPEZNIKOVA AND OTHERS v. RUSSIA
• EGMR, 27.11.2007 - 32457/04

  BRECKNELL v. THE UNITED KINGDOM
• EGMR, 02.08.2005 - 65899/01

  TANIS ET AUTRES c. TURQUIE
• EGMR, 28.03.2000 - 22492/93

  KILIÇ v. TURKEY
• EGMR, 02.09.2010 - 17185/02

  FEDINA v. UKRAINE
• EGMR, 30.03.2016 - 5878/08

  ARMANI DA SILVA c. ROYAUME-UNI
• EGMR, 26.04.2011 - 25091/07

  ENUKIDZE AND GIRGVLIANI v. GEORGIA
• EGMR, 20.12.2004 - 50385/99

  MAKARATZIS c. GRECE
• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

• EGMR, 09.04.2024 - 39611/18

  GEORGIA v. RUSSIA (IV)

  Since it is ultimately for the Court to make its own findings and reach its own conclusions on the applicant's allegations, it will draw on all the material available, including the factual findings of the relevant domestic and international human rights observers (see Kukhalashvili and Others v. Georgia, nos. 8938/07 and 41891/07, § 148, 2 April 2020).
• EGMR, 14.11.2023 - 1049/17

  NIKA v. ALBANIA

  8938/07 and 41891/07, § 147, 2 April 2020).
• EGMR, 08.07.2021 - 33056/17

  TKHELIDZE v. GEORGIA

  Furthermore, the applicant did not claim that she had herself been financially dependent on her daughter before her death (compare, for instance, Kukhalashvili and Others v. Georgia, nos. 8938/07 and 41891/07, § 162, 2 April 2020, and Albekov and Others v. Russia, no. 68216/01, §§ 125-27, 9 October 2008).

 
• EGMR, 19.12.2023 - 3963/18

  MATKAVA AND OTHERS v. RUSSIA

  8938/07 and 41891/07, § 148, 2 April 2020, with further references).
• EGMR, 19.11.2020 - 72080/12

  SHAVADZE v. GEORGIA

  It is in relation to this purpose of an effective investigation that any issues, including those of promptness and reasonable expediency, must be assessed (see, as a recent authority, Kukhalashvili and Others v. Georgia, nos. 8938/07 and 41891/07, § 131, 2 April 2020, with further references).
• EGMR, 07.06.2022 - 30464/13

  AKHALAIA v. GEORGIA

  The case concerned the applicant's personal role in the torture and ill-treatment of prisoners and violent suppression of a prison riot that had taken place in March 2006 and as a result of which seven inmates had been killed and twenty-two others seriously injured by law-enforcement agents (for more details, see Kukhalashvili and Others v. Georgia, nos. 8938/07 and 41891/07, §§ 8-92, 2 April 2020).