Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  KRAULAIDIS v. LITHUANIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  KRAULAIDIS v. LITHUANIA

  Art. 6, Art. 6 Abs. 1, Art. 13 MRK
  [ENG]

Verfahrensgang

• EGMR, 08.11.2016 - 76805/11, 11167/12, 72092/12, 960/13
• EGMR, 05.09.2018 - 76805/11

Wird zitiert von ... (0)Neu Zitiert selbst (9)

• EGMR, 12.07.2016 - 45104/05

  KOTELNIKOV v. RUSSIA

  Auszug aus EGMR, 08.11.2016 - 76805/11

  In particular, the examination of this case under Article 2 would have been far-fetched, as the factual circumstances of this case, where the applicant sustained a severe injury, although there was no threat to his life, and those of Kotelnikov v. Russia (no. 45104/05, 12 July 2016), which involved an alleged intent to kill the applicant, are different.

  [1] An even more troubling development is to apply the procedural limb of Article 2 for car accidents (even with dolus eventualis) (see Tuchin and Tuchina v. Ukraine (no. 40458/08, 26 May 2016) and even where the person survived the car accident, as in Kotelnikov v. Russia (no. 45104/05, 12 July 2016), where not even the presence of the Makaratzis criteria was considered and bodily injury is treated as death (see Makaratzsis v. Greece (no. 50385/99, ECHR 2004-XI).

• EGMR, 28.07.1999 - 25803/94

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

  Auszug aus EGMR, 08.11.2016 - 76805/11

  This understanding is in line with the original formulation of ill-treatment found in Selmouni v. France [GC] (no. 25803/94, ECHR 1999-V), where the psychological impact on the individual in terms of his or her human dignity is central.

  The Court therefore finds elements which are sufficiently serious to render such treatment inhuman and degrading... [R]ecourse to physical force which has not been made strictly necessary by [an individual's] own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3." (Selmouni v. France [GC], no. 25803/94, § 99, ECHR 1999-V).

• EGMR, 08.07.2004 - 53924/00

  Schutz des ungeborenen Lebens durch EMRK - Schwangerschaftsabbruch nach …

  Auszug aus EGMR, 08.11.2016 - 76805/11

  [6] Antonov, Cioban and Basyuk involved fatal car accidents (where persons had been killed) and hence were argued under Article 2. See also Igor Shevchenko v. Ukraine (no. 22737/04, § 51, 12 January 2012) (stating, in the context of alleged Article 2 violations, that a civil remedy alone, if efficient, might be sufficient in cases of car accidents), referring to medical negligence cases Calvelli and Ciglio v. Italy [GC], no. 32967/96, § 51, ECHR 2002-I; Vo v. France [GC], no.53924/00, § 90, ECHR 2004-VIII; and Silih, cited above, § 194).

 
• EGMR, 17.01.2002 - 32967/96

  CALVELLI ET CIGLIO c. ITALIE

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  [6] Antonov, Cioban and Basyuk involved fatal car accidents (where persons had been killed) and hence were argued under Article 2. See also Igor Shevchenko v. Ukraine (no. 22737/04, § 51, 12 January 2012) (stating, in the context of alleged Article 2 violations, that a civil remedy alone, if efficient, might be sufficient in cases of car accidents), referring to medical negligence cases Calvelli and Ciglio v. Italy [GC], no. 32967/96, § 51, ECHR 2002-I; Vo v. France [GC], no.53924/00, § 90, ECHR 2004-VIII; and Silih, cited above, § 194).
• EGMR - 45886/07

  [FRE]

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  The Court also considers that a civil claim against the State in respect of the failure to conduct an effective investigation into the accident in which the applicant was injured could not have provided him with any redress in terms of ensuring the effectiveness of that investigation (see, mutatis mutandis, Mocanu and Others v. Romania [GC], nos. 10865/09, 45886/07 and 32431/08, § 232, ECHR 2014 (extracts)).
• EGMR, 26.05.2016 - 40458/08

  TUCHIN AND TUCHINA v. UKRAINE

  Auszug aus EGMR, 08.11.2016 - 76805/11

  [1] An even more troubling development is to apply the procedural limb of Article 2 for car accidents (even with dolus eventualis) (see Tuchin and Tuchina v. Ukraine (no. 40458/08, 26 May 2016) and even where the person survived the car accident, as in Kotelnikov v. Russia (no. 45104/05, 12 July 2016), where not even the presence of the Makaratzis criteria was considered and bodily injury is treated as death (see Makaratzsis v. Greece (no. 50385/99, ECHR 2004-XI).
• EGMR, 20.12.2004 - 50385/99

  MAKARATZIS c. GRECE

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  [1] An even more troubling development is to apply the procedural limb of Article 2 for car accidents (even with dolus eventualis) (see Tuchin and Tuchina v. Ukraine (no. 40458/08, 26 May 2016) and even where the person survived the car accident, as in Kotelnikov v. Russia (no. 45104/05, 12 July 2016), where not even the presence of the Makaratzis criteria was considered and bodily injury is treated as death (see Makaratzsis v. Greece (no. 50385/99, ECHR 2004-XI).
• EGMR, 10.01.2012 - 32662/06

  BISER KOSTOV v. BULGARIA

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  It is true that in Muta (which is not cited in O'Keeffe v. Ireland [GC], no. 35810/09, ECHR 2014 (extracts), a case concerning bodily injury between private parties in which a child had thrown a stone in retaliation, hitting the applicant's eye and resulting in partial blindness, the Court had no difficulty applying the case-law developed for police brutality under the procedural limb of Article 3. The Muta Court claimed that the Court's "case-law is consistent and clear on the point that Article 3 of the Convention requires that the authorities conduct an effective official investigation into alleged ill-treatment even if such treatment has been inflicted by private individuals (see Ay v. Turkey, no. 30951/96, § 60, 22 March 2005, and M.C. v. Bulgaria, no. 39272/98, § 151, ECHR 2003-XII and, most recently, Biser Kostov v. Bulgaria, no. 32662/06, 10 January 2012)." And further: "[i]n particular, Article 3 requires States to put in place effective criminal-law provisions to deter the commission of offences against personal integrity, backed up by law-enforcement machinery for the prevention, suppression and punishment of breaches of such provisions" (see Muta, cited above, §§ 59-60).
• EGMR, 04.12.2003 - 39272/98

  M.C. c. BULGARIE

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  It is true that in Muta (which is not cited in O'Keeffe v. Ireland [GC], no. 35810/09, ECHR 2014 (extracts), a case concerning bodily injury between private parties in which a child had thrown a stone in retaliation, hitting the applicant's eye and resulting in partial blindness, the Court had no difficulty applying the case-law developed for police brutality under the procedural limb of Article 3. The Muta Court claimed that the Court's "case-law is consistent and clear on the point that Article 3 of the Convention requires that the authorities conduct an effective official investigation into alleged ill-treatment even if such treatment has been inflicted by private individuals (see Ay v. Turkey, no. 30951/96, § 60, 22 March 2005, and M.C. v. Bulgaria, no. 39272/98, § 151, ECHR 2003-XII and, most recently, Biser Kostov v. Bulgaria, no. 32662/06, 10 January 2012)." And further: "[i]n particular, Article 3 requires States to put in place effective criminal-law provisions to deter the commission of offences against personal integrity, backed up by law-enforcement machinery for the prevention, suppression and punishment of breaches of such provisions" (see Muta, cited above, §§ 59-60).