Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  PETROPOULOU-TSAKIRIS v. GREECE

  Art. 3, Art. 13, Art. 14, Art. 29, Art. 29 Abs. 3, Art. 35, Art. 35 Abs. 1, Art. 41, Art. 3+14 MRK
  Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies) No violation of Art. 3 Violation of Art. 3 (procedural aspect) No separate issue under Art. 13 Violation of Art. 3+14 Non-pecuniary damage - financial award Costs and ...

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

• EGMR, 06.07.2005 - 43579/98

  Auszug aus EGMR, 06.12.2007 - 44803/04

  It is for this reason that the authorities must use all available means to combat racism and racist violence, thereby reinforcing democracy's vision of a society in which diversity is not perceived as a threat but as a source of its enrichment (see Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 145, ECHR 2005-VII).

  The respondent State's obligation to investigate possible racist overtones to a violent act is an obligation to use best endeavours and not absolute; the authorities must do what is reasonable in the circumstances of the case (see Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 160, ECHR 2005-VII.).

• EGMR, 20.05.1999 - 21594/93

  Verursachung des Todes eines türkischen Staatsangehörigen durch türkische …

  Auszug aus EGMR, 06.12.2007 - 44803/04

  Firstly, the Court notes that contrary to its established case-law, the preliminary inquiry launched into the applicant's allegations was conducted by police officers serving in the same police station as the ones who had participated in the police operation in question, even though the applicant had requested that they be excluded (see, mutatis mutandis, OÄ?ur v. Turkey [GC], no 21594/93, §§ 91-92, ECHR 1999-III).
• EGMR, 27.06.2000 - 21986/93

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

  Auszug aus EGMR, 06.12.2007 - 44803/04

  Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII).

 
• EGMR, 11.06.2002 - 36042/97

  WILLIS v. THE UNITED KINGDOM

  Auszug aus EGMR, 06.12.2007 - 44803/04

  Discrimination is treating differently, without an objective and reasonable justification, persons in relevantly similar situations (see Willis v. the United Kingdom, no. 36042/97, § 48, ECHR 2002-IV).
• EGMR, 03.06.2004 - 33097/96

  BATI AND OTHERS v. TURKEY

  Auszug aus EGMR, 06.12.2007 - 44803/04

  The Government relied on the lack of such a medical examination to claim that the applicant's allegations were unsubstantiated; however, in the Court's view, it is the investigating authorities' obligation to take whatever reasonable steps they can to secure the evidence concerning the incident, including, inter alia, a detailed statement concerning the allegations from the alleged victim, eyewitness testimony, forensic evidence and, where appropriate, additional medical certificates apt to provide a full and accurate record of the injuries and an objective analysis of the medical findings, in particular as regards the cause of the injuries (see Batı and Others v. Turkey, nos. 33097/96 and 57834/00, § 134, ECHR 2004-IV).
• EGMR, 05.10.2000 - 57834/00

  KABLAN contre la TURQUIE

  Auszug aus EGMR, 06.12.2007 - 44803/04

  The Government relied on the lack of such a medical examination to claim that the applicant's allegations were unsubstantiated; however, in the Court's view, it is the investigating authorities' obligation to take whatever reasonable steps they can to secure the evidence concerning the incident, including, inter alia, a detailed statement concerning the allegations from the alleged victim, eyewitness testimony, forensic evidence and, where appropriate, additional medical certificates apt to provide a full and accurate record of the injuries and an objective analysis of the medical findings, in particular as regards the cause of the injuries (see Batı and Others v. Turkey, nos. 33097/96 and 57834/00, § 134, ECHR 2004-IV).

• EGMR, 12.02.2009 - 3811/02

  DENISENKO AND BOGDANCHIKOV v. RUSSIA

  Finally, there must be a sufficient element of public scrutiny of the investigation or its results; in particular, in all cases, the complainant must be afforded effective access to the investigatory procedure (see, among many other authorities, Assenov and Others v. Bulgaria, 28 October 1998, §§ 102 et seq., Reports 1998-VIII; Mikheyev v. Russia, no. 77617/01, §§ 107-108, 26 January 2006; Batı and Others v. Turkey, nos. 33097/96 and 57834/00, § 137, ECHR 2004-IV (extracts); and Petropoulou-Tsakiris v. Greece, no. 44803/04, § 50, 6 December 2007).