Rechtsprechung
| EGMR, 23.02.2006 - 46317/99 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
OGNYANOVA AND CHOBAN v. BULGARIA
Art. 2, Art. 2 Abs. 1, Art. 3, Art. 5, Art. 5 Abs. 1 Buchst. c, Art. 5 Abs. 1, Art. 13, Art. 14+2, Art. 14, Art. 14+3, Art. 14+5 Abs. 1, Art. 14+13, Art. 41 MRK
Violations of Art. 2 Violation of Art. 3 Violation of Art. 5-1 Violation of Art. 13 No violation of Art. 14 Non-pecuniary damage - financial awards Costs and expenses partial award - Convention proceedings (englisch)
Verfahrensgang
- EGMR, 06.01.2005 - 46317/99
- EGMR, 23.02.2006 - 46317/99
Wird zitiert von ... (3) Neu Zitiert selbst (3)
- EGMR, 06.07.2005 - 43579/98
Auszug aus EGMR, 23.02.2006 - 46317/99
A detailed account of these reports may be found in the Court's judgment in the case of Nachova and Others v. Bulgaria (nos. 43577/98 and 43579/98, §§ 55-59, ECHR 2005-...).They also referred to the Chamber's judgment in the case of Nachova and Others v. Bulgaria (nos. 43577/98 and 43579/98, 26 February 2004) and submitted that in view of the high incidence of police violence against Roma in Bulgaria, the prosecution authorities should have also investigated that aspect of the case, which they had completely neglected.
- EGMR, 13.06.2002 - 38361/97
ANGUELOVA v. BULGARIA
Auszug aus EGMR, 23.02.2006 - 46317/99
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, 04.05.2001 - 28883/95
McKERR c. ROYAUME-UNI
Auszug aus EGMR, 23.02.2006 - 46317/99
However, a prompt response by the authorities in investigating a use of lethal force may generally be regarded as essential in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts (see McKerr v. the United Kingdom, no. 28883/95, § 114, ECHR 2001-III, with further references).
- EGMR, 01.07.2014 - 77938/11
DIMITROV AND OTHERS v. BULGARIA
The Court notes, however, that this is not the first case against Bulgaria in which it finds that the procedural response to a death at the hands of the police has failed to meet the Convention standards (see Velikova v. Bulgaria, no. 41488/98, §§ 77-84, ECHR 2000-VI; Anguelova v. Bulgaria, no. 38361/97, §§ 141-46, ECHR 2002-IV; Ognyanova and Choban v. Bulgaria, no. 46317/99, §§ 108-16, 23 February 2006; Karandja v. Bulgaria, no. 69180/01, §§ 64-68, 7 October 2010; Dimov and Others v. Bulgaria, no. 30086/05, §§ 83-85, 6 November 2012; and Filipovi, cited above, §§ 64-73) It should be emphasised that appropriate procedures for ensuring the accountability of agents of the State are indispensable in maintaining public confidence and meeting the legitimate concerns that might arise from the use of force. - EGMR, 16.11.2017 - 73974/14
TSALIKIDIS AND OTHERS v. GREECE
The present case should therefore be distinguished from cases involving the alleged use of lethal force either by agents of the State or by private parties with their collusion (see McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324; Shanaghan v. the United Kingdom, no. 37715/97, § 90, 4 May 2001; Anguelova v. Bulgaria, no. 38361/97, ECHR 2002-IV; Nachova and Others, cited above; and Ognyanova and Choban v. Bulgaria, no. 46317/99, 23 February 2006) and cases in which the factual circumstances imposed an obligation on the authorities to protect an individual's life, for example where they had assumed responsibility for his or her welfare (see Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, ECHR 2002-II) or where they knew or ought to have known that his life was at risk (see Osman v. the United Kingdom, judgment of 28 October 1998, Reports 1998-VIII). - EGMR, 03.05.2016 - 49448/08
MANUKIAN v. GEORGIA