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• Europäischer Gerichtshof für Menschenrechte

  KHOJOYAN AND VARDAZARYAN v. AZERBAIJAN

  Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  KHOJOYAN AND VARDAZARYAN v. AZERBAIJAN

  Art. 2, Art. 2 Abs. 1, Art. 3, Art. 5, Art. 5 Abs. 1, Art. 13, Art. 14 MRK
  [ENG]

Wird zitiert von ... (3)Neu Zitiert selbst (14)

• EGMR, 22.03.1995 - 18580/91

  QUINN c. FRANCE

  Auszug aus EGMR, 04.11.2021 - 62161/14

  This insistence on the protection of the individual against any abuse of power is illustrated by the fact that Article 5 § 1 circumscribes the circumstances in which individuals may be lawfully deprived of their liberty, it being stressed that these circumstances must be given a narrow interpretation having regard to the fact that they constitute exceptions to a most basic guarantee of individual freedom (see Quinn v. France, 22 March 1995, § 42, Series A no. 311).".
• EGMR, 17.07.2014 - 47848/08

  CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  Against that background, the Court considers that it has examined the main questions raised in the present application and that there is no need to give a separate ruling on the admissibility and merits of the remaining complaints (see, for instance, Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 158, ECHR 2014).
• EGMR, 27.06.2000 - 21986/93

  Verursachung des Todes eines Gefangenen in türkischer Haft - Umfang der …

  Auszug aus EGMR, 04.11.2021 - 62161/14

  The Court's assessment 39. The general principles regarding the right to life under Article 2 of the Convention can be found in, among many other authorities, Salman v. Turkey [GC], no. 21986/93, §§ 97-100, ECHR 2000-VII; and Aktas v. Turkey, 24351/94, §§ 289-291, 24 April 2003.

 
• EGMR, 13.11.2012 - 47039/11

  HRISTOZOV AND OTHERS v. BULGARIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  As concerns Mr Haykaz Khojoyan's daughter, Ms Tehmina Khojoyan, the Court - noting that the assessment of who may continue an application following an applicant's death does not coincide with the assessment of who may apply to the Court in the first place (see, for example, Hristozov and Others v. Bulgaria, nos. 47039/11 and 358/12, § 73, ECHR 2012 (extracts)) - considers that she, as his heir and close relative, has a legitimate interest in pursuing the application in his place following his death in 2019, even though Mr Haykaz Khojoyan was already an "indirect" victim with regard to the complaint under Article 2 of the Convention.
• EGMR, 28.07.1999 - 25803/94

  Zur "Einzelfallprüfung" und "geltungszeitlichen Interpretation" im Rahmen des …

  Auszug aus EGMR, 04.11.2021 - 62161/14

  The "severity" of treatment is, like the "minimum severity" required for the application of Article 3, relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age and state of health of the victim (see, among other authorities, Selmouni v. France [GC], no. 25803/94, § 100, ECHR 1999-V).
• EGMR, 04.08.2020 - 48756/14

  TËRSHANA v. ALBANIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  With regard to the applicability of Article 2 of the Convention, the Court reiterates that that provision also comes into play in situations where the person concerned was the victim of an activity or conduct, whether public or private, which by its nature put his or her life at real and imminent risk and he or she has suffered injuries that appear life-threatening as they occur, even though he or she ultimately survived (see, for example, Makaratzis v. Greece [GC], no. 50385/99, §§ 49 and 54, ECHR 2004-XI; and Tërshana v. Albania, no. 48756/14, § 132, 4 August 2020).
• EGMR, 19.06.2012 - 9035/06

  KABUROV v. BULGARIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  In that context, the Court observes that, in so far as Mr Khojoyan survived his detention (see paragraph 34 below), the complaint lodged under Article 2 of the Convention resembles the complaints relating to ill-treatment under Article 3. As concerns the latter, the Court reiterates that due to the strictly personal nature of the right under Article 3 of the Convention, applicants who complain about treatment concerning exclusively their late relative must show a strong moral interest, besides the mere pecuniary interest in the outcome of the domestic proceedings, or other compelling reasons, such as an important general interest which requires their case to be examined (see, for example, Kaburov v. Bulgaria (dec.), no. 9035/06, § 57, 19 June 2012).
• EGMR, 10.01.2012 - 42525/07

  ANANYEV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  42525/07 and 60800/08, §§ 139-42, 10 January 2012; Idalov v. Russia [GC], no. 5826/03, §§ 91-95, 22 May 2012; Georgia v. Russia (I) [GC], no. 13255/07, § 192, ECHR 2014, and recently reiterated them in Georgia v. Russia (II) [GC], no. 38263/08, § 240, 21 January 2021.
• EGMR, 22.05.2012 - 5826/03

  IDALOV c. RUSSIE

  Auszug aus EGMR, 04.11.2021 - 62161/14

  42525/07 and 60800/08, §§ 139-42, 10 January 2012; Idalov v. Russia [GC], no. 5826/03, §§ 91-95, 22 May 2012; Georgia v. Russia (I) [GC], no. 13255/07, § 192, ECHR 2014, and recently reiterated them in Georgia v. Russia (II) [GC], no. 38263/08, § 240, 21 January 2021.
• EGMR, 23.04.2009 - 36156/04

  BITIYEVA AND OTHERS v. RUSSIA

  Auszug aus EGMR, 04.11.2021 - 62161/14

  55508/07 and 29520/09, § 177, ECHR 2013; and Bitiyeva and Others v. Russia, no. 36156/04, § 105, 23 April 2009, with further references.
• EGMR, 15.04.2012 - 29520/09

  [ENG]
• EGMR, 22.12.2009 - 27996/06

  SEJDIC ET FINCI c. BOSNIE-HERZÉGOVINE
• EGMR, 23.03.2010 - 12219/05

  IORGA v. MOLDOVA
• EGMR, 20.12.2004 - 50385/99

  MAKARATZIS c. GRECE

• EGMR, 30.01.2024 - 34358/16

  AKHMEDNABIYEV AND KAMALOV v. RUSSIA

  Admissibility 82. The Court notes at the outset that the applicants have the requisite standing of indirect victims under Article 34 of the Convention in respect of their relatives' deaths as they are personally affected by the alleged violation of Article 2 of the Convention (see, for examples of various acceptable degrees of kinship, Fabris and Parziale v. Italy, no. 41603/13, §§ 37-41, 19 March 2020, for an uncle, and Khojoyan and Vardazaryan v. Azerbaijan, no. 62161/14, §§ 30-32, 4 November 2021, for the children of the deceased person).
• EGMR, 19.12.2023 - 54363/17

  NARAYAN AND OTHERS v. AZERBAIJAN

  54363/17 and 54364/17 is likewise admissible, there is no need to give a separate ruling in respect of that complaint, given that the main legal questions raised by the present applications have already been addressed (see, mutatis mutandis, Khojoyan and Vardazaryan v. Azerbaijan, no. 62161/14, § 85, 4 November 2021).
• EGMR, 05.10.2023 - 33050/18

  GHAZARYAN AND BAYRAMYAN v. AZERBAIJAN

  The Court reiterates that Article 2 also comes into play in situations where the person concerned was the victim of an activity or conduct (whether public or private) which by its nature put his or her life at real and imminent risk, and he or she has suffered injuries that appeared life-threatening when they occurred, even though he or she ultimately survived (see, for example, Makaratzis v. Greece [GC], no. 50385/99, §§ 49 and 54, ECHR 2004-XI; Tërshana v. Albania, no. 48756/14, § 132, 4 August 2020; and Khojoyan and Vardazaryan v. Azerbaijan, no. 62161/14, § 34, 4 November 2011).