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• Europäischer Gerichtshof für Menschenrechte

  SARIBEKYAN AND BALYAN 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)

  SARIBEKYAN AND BALYAN v. AZERBAIJAN

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

Wird zitiert von ... (8)Neu Zitiert selbst (6)

• EGMR, 27.06.2000 - 21986/93

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

  Auszug aus EGMR, 30.01.2020 - 35746/11

  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, Salman v. Turkey [GC], no. 21986/93, §§ 97-100, ECHR 2000-VII; and Akta?? v. Turkey, 24351/94, §§ 289-291, 24 April 2003).
• EGMR, 15.04.2012 - 29520/09

  [ENG]

  Auszug aus EGMR, 30.01.2020 - 35746/11

  The relevant factors include the proximity of the family tie, the particular circumstances of the relationship, the extent to which the family member witnessed the events in question and the involvement of the applicants in the attempts to obtain information about the fate of their relative (see, among other authorities, Janowiec and Others v. Russia [GC], nos. 55508/07 and 29520/09, § 177, ECHR 2013).
• EGMR, 02.10.2018 - 33586/15

  AYDAROV AND OTHERS v. BULGARIA

  Auszug aus EGMR, 30.01.2020 - 35746/11

  In such situations, the six-month period runs from the date on which the act complained of took place or the date on which the applicant was directly affected by or became aware of such an act or had knowledge of its adverse effects (see Varnava and Others v. Turkey [GC], nos. 16064/90 and 8 others, § 157, ECHR 2009, and Aydarov and Others v. Bulgaria (dec.), no. 33586/15, § 90, 2 October 2018).

 
• EGMR, 23.04.2009 - 36156/04

  BITIYEVA AND OTHERS v. RUSSIA

  Auszug aus EGMR, 30.01.2020 - 35746/11

  In such cases the Court would normally limit its findings to Article 2. However, if a period of initial disappearance is long it may in certain circumstances give rise to a separate issue under Article 3 (see Bitiyeva and Others v. Russia, no. 36156/04, § 105, 23 April 2009, with further references).
• EGMR, 16.09.2014 - 29750/09

  HASSAN c. ROYAUME-UNI

  Auszug aus EGMR, 30.01.2020 - 35746/11

  On the contrary, in situations of armed conflict, the Convention has been applied and its provisions have been interpreted in so far as possible in light of the general principles of international law, including the rules of international humanitarian law (see Varnava and Others v. Turkey [GC], nos. 16064/90 and 8 others, § 185, ECHR 2009; and Hassan v. the United Kingdom [GC], no. 29750/09, §§ 102-104, ECHR 2014).
• EGMR, 06.07.2005 - 43579/98

  Auszug aus EGMR, 30.01.2020 - 35746/11

  In the Court's view, these circumstances called for a careful investigation as to whether ethnic hatred had been a contributing factor in the death of Mr Saribekyan (see, mutatis mutandis, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, §§ 160-168, ECHR 2005-VII).

• EGMR, 19.12.2023 - 54363/17

  NARAYAN AND OTHERS v. AZERBAIJAN

  The Court's assessment 72. In the assessment of the arguments put forward by the respondent State as to the effectiveness of the domestic remedies available to the applicants in the present case, the Court will have recourse to its findings of a principled nature stated in Saribekyan and Balyan v. Azerbaijan (no. 35746/11, §§ 45-48, 30 January 2020).
• EGMR, 21.01.2021 - 15367/14

  SHMORGUNOV AND OTHERS v. UKRAINE

  In respect of a person who is deprived of his or her liberty, or, more generally, is confronted with law-enforcement officers, any recourse to physical force which has not been made strictly necessary by his or her own conduct diminishes human dignity and is an infringement of the right set forth in Article 3 (see Bouyid, cited above, §§ 100-01, and Saribekyan and Balyan v. Azerbaijan, no. 35746/11, § 81, 30 January 2020).
• EGMR, 05.10.2023 - 33050/18

  GHAZARYAN AND BAYRAMYAN v. AZERBAIJAN

  It notes, however, that, according to its case-law relating to complaints of this sort (see, for example, Saribekyan and Balyan v. Azerbaijan, no. 35746/11, § 90, 30 January 2020, and Khojoyan and Vardazaryan, cited above, § 74), special features that give the suffering of applicants a distinct dimension and character are required before individuals can themselves be deemed to be victims of violations of Article 3 of the Convention owing to circumstances involving family members.

 
• EGMR, 05.10.2023 - 7432/17

  GURBANOV v. ARMENIA

  The Court's assessment 35. In assessing the respondent State's arguments as to the effectiveness of the domestic remedies available to the applicant in the present case, the Court will refer to its principled findings in the recent case of Saribekyan and Balyan v. Azerbaijan (no. 35746/11, §§ 45-48, 30 January 2020).
• EGMR, 04.11.2021 - 32427/16

  PETROSYAN v. AZERBAIJAN

  Furthermore, while the lack of diplomatic relations between Armenia and Azerbaijan must have been known to the applicant in 2015 and 2016, the Court bears in mind that the lack of diplomatic relations does not absolve a Contracting State from the obligation under Article 2 to cooperate in criminal investigations (see, for example, Saribekyan and Balyan v. Azerbaijan, no. 35746/11, § 73, 30 January 2020, and the references therein).
• EGMR, 16.03.2021 - 4936/12

  TOMAC c. RÉPUBLIQUE DE MOLDOVA

  La Cour estime que, dans la présente affaire, il n'y a pas d'éléments particuliers qui pourraient donner aux souffrances des requérants une dimension et un caractère distincts de la détresse émotionnelle pouvant être considérée comme inévitablement causée aux proches de la victime d'une violation sérieuse des droits de l'homme (comparer avec Saribekyan et Balyan c. Azerbaïdjan, no 35746/11, §§ 90-91, 30 janvier 2020 ; et voir, de manière générale, Nicolae Virgiliu Tanase c. Roumanie [GC], no 41720/13, §§ 227-229, 25 juin 2019).
• EGMR, 12.09.2023 - 74566/16

  HAKOBYAN v. AZERBAIJAN

  Referring to the Court's conclusions in Sargsyan (cited above, §§ 115-120) and Saribekyan and Balyan v. Azerbaijan (no. 35746/11, §§ 45-48, 30 January 2020), the applicants maintained that there was no effective remedy available for them in Azerbaijan.
• EGMR, 12.09.2023 - 74508/16

  OHANYAN v. AZERBAIJAN

  Referring to the Court's conclusions in Sargsyan (cited above, §§ 115-120) and Saribekyan and Balyan v. Azerbaijan (no. 35746/11, §§ 45-48, 30 January 2020), the applicants maintained that there was no effective remedy available for them in Azerbaijan.