Rechtsprechung
| EGMR, 02.02.2023 - 59435/17 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
ALHOWAIS v. HUNGARY
Preliminary objection joined to merits and dismissed (Art. 35) Admissibility criteria;(Art. 35-3-a) Ratione personae;Violation of Article 2+3 - Right to life (Article 2-1 - Effective investigation) (Article 3 - Prohibition of torture;Effective investigation) ...
Sonstiges
- Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)
ALHOWAIS v. HUNGARY
Wird zitiert von ... (2) Neu Zitiert selbst (8)
- EGMR, 27.09.1995 - 18984/91
McCANN AND OTHERS v. THE UNITED KINGDOM
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In addition, according to the Court's case-law, the obligation to protect the right to life under Article 2, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within their jurisdiction the rights and freedoms defined in [the] Convention", requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force by, inter alia, agents of the State (see McCann and Others v. the United Kingdom, 27 September 1995, § 161, Series A no. 324).In the context of policing operations resulting in the death of one or more individuals, the Court must examine the planning and control of the operation to assess whether, in the particular circumstances of the case, the authorities took appropriate care to ensure that any risk to life was minimised and that they were not negligent in their choice of action (see Giuliani and Gaggio, cited above, § 248, and McCann and Others v. the United Kingdom, 27 September 1995, § 194, Series A no. 324) The Court has also held that policing operations must be sufficiently regulated by national law, within the framework of a system of adequate and effective safeguards against arbitrariness and abuse of force, and even against avoidable accident (see Andreou v. Turkey, no. 45653/99, § 50, 27 October 2009).
- EGMR, 08.07.2004 - 53924/00
Schutz des ungeborenen Lebens durch EMRK - Schwangerschaftsabbruch nach …
Auszug aus EGMR, 02.02.2023 - 59435/17
The Court has also found that positive obligations may apply in the context of armed forces' operations (see Stoyanovi v. Bulgaria, no. 42980/04, § 61, 9 November 2010), the health sector (see Vo v. France [GC], no. 53924/00, §§ 88-89, ECHR 2004-VIII), or ensuring safety on building sites (see Pereira Henriques and Others v. Luxembourg (dec.), no. 60255/00, 26 August 2003). - EGMR, 25.06.2019 - 41720/13
NICOLAE VIRGILIU TANASE c. ROUMANIE
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The general principles concerning the effectiveness of a criminal investigation, necessary to satisfy the procedural obligation imposed by Articles 2 and 3, have been summarised in Nicolae Virgiliu Tanase v. Romania ([GC], no. 41720/13, §§ 164-71, 25 June 2019) and Bouyid v. Belgium ([GC], no. 23380/09, §§ 118-23, ECHR 2015), respectively.
- EGMR, 09.11.2010 - 42980/04
STOYANOVI v. BULGARIA
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The Court has also found that positive obligations may apply in the context of armed forces' operations (see Stoyanovi v. Bulgaria, no. 42980/04, § 61, 9 November 2010), the health sector (see Vo v. France [GC], no. 53924/00, §§ 88-89, ECHR 2004-VIII), or ensuring safety on building sites (see Pereira Henriques and Others v. Luxembourg (dec.), no. 60255/00, 26 August 2003). - EGMR, 13.10.2009 - 75588/01
ALKIN v. TURKEY
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The Court has found Article 2 to be applicable in circumstances in which the applicant was the victim of conduct by State agents which, by its very nature, was potentially lethal or put the applicant's life at risk (see Makaratzis v. Greece [GC], no. 50385/99, §§ 52 and 55, ECHR 2004-XI, and Alkin v. Turkey, no. 75588/01, § 29, 13 October 2009). - EGMR, 20.12.2004 - 50385/99
MAKARATZIS c. GRECE
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The Court has found Article 2 to be applicable in circumstances in which the applicant was the victim of conduct by State agents which, by its very nature, was potentially lethal or put the applicant's life at risk (see Makaratzis v. Greece [GC], no. 50385/99, §§ 52 and 55, ECHR 2004-XI, and Alkin v. Turkey, no. 75588/01, § 29, 13 October 2009). - EGMR, 06.07.2005 - 43579/98
Auszug aus EGMR, 02.02.2023 - 59435/17
In addition, in certain circumstances, where the events lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of the death of a person within their control in custody, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation of, in particular, the causes of the detained person's death (see Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 157, ECHR 2005-VII). - EGMR, 02.02.2016 - 3648/04
CAVIT TINARLIOGLU c. TURQUIE
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The Court has found that the absence of any direct State responsibility for the death of an individual or for placing his or her life in danger does not exclude the applicability of Article 2 (see Cavit Tinarlioglu v. Turkey, no. 3648/04, § 61, 2 February 2016, with further references).
- EGMR, 19.03.2024 - 17184/18
A AND OTHERS v. AZERBAIJAN
Such contact is essential both in order to learn more about the applicant's particular situation and to confirm the applicant's continuing interest in pursuing the examination of his or her application (see Sharifi and Others v. Italy and Greece, no. 16643/09, § 124, 21 October 2014; V.M. and Others v. Belgium, (striking out) [GC], no. 60125/11, § 35, 17 November 2016; and Alhowais v. Hungary, no. 59435/17, § 58, 2 February 2023). - EGMR, 05.10.2023 - 37967/18
SHAHZAD v. HUNGARY (No. 2)
RELEVANT COUNCIL OF EUROPE MATERIAL and reports of international bodies 40. The relevant international and Council of Europe material on police ethics and the treatment of migrants arriving at the Hungarian border is outlined in Alhowais v. Hungary (no. 59435/17, §§ 51-55, 2 February 2023).