Rechtsprechung
EGMR, 23.06.2015 - 15028/09 |
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Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
SELAHATTIN DEMIRTAS v. TURKEY
Art. 2, Art. 35 MRK
Remainder inadmissible No violation of Article 2 - Right to life (Article 2 - Positive obligations) (englisch)
Sonstiges
Wird zitiert von ... (0) Neu Zitiert selbst (12)
- EGMR, 13.11.2003 - 59745/00
GÜNDÜZ contre la TURQUIE
Auszug aus EGMR, 23.06.2015 - 15028/09
Statements which constitute incitement to violence not only arouse a well-founded fear and render the persons in question vulnerable to violence, but also run counter to the fundamental values of justice and peace set forth in the Preamble to the Convention, as well as to the founding principles of a pluralist democracy (see Gündüz v. Turkey (dec.), no. 59745/00, ECHR 2003-XI (extracts)). - EGMR, 14.03.2002 - 46477/99
PAUL ET AUDREY EDWARDS c. ROYAUME-UNI
Auszug aus EGMR, 23.06.2015 - 15028/09
It has thus, by applying the test set out in the Osman judgment, defined the scope of these obligations in instances concerning the requirement of personal protection of one or more individuals identifiable in advance as the potential targets of a lethal act as entailing the necessary analysis of whether there was any decisive stage in the sequence of events leading up to the deprivation of life when it could be said that the authorities knew, or ought to have known, of a real and immediate risk to the life of the individual, and whether they failed to take the necessary measures to avoid that risk (see, for example, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 57, ECHR 2002-II (murder of a prisoner); Branko Tomasic and Others v. Croatia, no. 46598/06, §§ 52-53, 15 January 2009; and Opuz, cited above, § 129, (killings in the context of domestic violence); Van Colle v. the United Kingdom, no. 7678/09, § 88, 13 November 2012 (killing of a witness); Kiliç v. Turkey, no. 22492/93, § 63, ECHR 2000-III; and Mahmut Kaya v. Turkey, no. 22535/93, § 88, ECHR 2000-III (killing of an individual in a conflict zone); and Yabansu and Others v. Turkey, no. 43903/09, § 91, 12 November 2013 (killing of an individual by a third party during military service), cited in Bljakaj and Others v. Croatia, no. 74448/12, § 107, 18 September 2014). - EGMR, 13.11.2012 - 7678/09
VAN COLLE v. THE UNITED KINGDOM
Auszug aus EGMR, 23.06.2015 - 15028/09
It has thus, by applying the test set out in the Osman judgment, defined the scope of these obligations in instances concerning the requirement of personal protection of one or more individuals identifiable in advance as the potential targets of a lethal act as entailing the necessary analysis of whether there was any decisive stage in the sequence of events leading up to the deprivation of life when it could be said that the authorities knew, or ought to have known, of a real and immediate risk to the life of the individual, and whether they failed to take the necessary measures to avoid that risk (see, for example, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 57, ECHR 2002-II (murder of a prisoner); Branko Tomasic and Others v. Croatia, no. 46598/06, §§ 52-53, 15 January 2009; and Opuz, cited above, § 129, (killings in the context of domestic violence); Van Colle v. the United Kingdom, no. 7678/09, § 88, 13 November 2012 (killing of a witness); Kiliç v. Turkey, no. 22492/93, § 63, ECHR 2000-III; and Mahmut Kaya v. Turkey, no. 22535/93, § 88, ECHR 2000-III (killing of an individual in a conflict zone); and Yabansu and Others v. Turkey, no. 43903/09, § 91, 12 November 2013 (killing of an individual by a third party during military service), cited in Bljakaj and Others v. Croatia, no. 74448/12, § 107, 18 September 2014).
- EGMR, 18.09.2014 - 74448/12
BLJAKAJ AND OTHERS v. CROATIA
Auszug aus EGMR, 23.06.2015 - 15028/09
It has thus, by applying the test set out in the Osman judgment, defined the scope of these obligations in instances concerning the requirement of personal protection of one or more individuals identifiable in advance as the potential targets of a lethal act as entailing the necessary analysis of whether there was any decisive stage in the sequence of events leading up to the deprivation of life when it could be said that the authorities knew, or ought to have known, of a real and immediate risk to the life of the individual, and whether they failed to take the necessary measures to avoid that risk (see, for example, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 57, ECHR 2002-II (murder of a prisoner); Branko Tomasic and Others v. Croatia, no. 46598/06, §§ 52-53, 15 January 2009; and Opuz, cited above, § 129, (killings in the context of domestic violence); Van Colle v. the United Kingdom, no. 7678/09, § 88, 13 November 2012 (killing of a witness); Kiliç v. Turkey, no. 22492/93, § 63, ECHR 2000-III; and Mahmut Kaya v. Turkey, no. 22535/93, § 88, ECHR 2000-III (killing of an individual in a conflict zone); and Yabansu and Others v. Turkey, no. 43903/09, § 91, 12 November 2013 (killing of an individual by a third party during military service), cited in Bljakaj and Others v. Croatia, no. 74448/12, § 107, 18 September 2014). - EGMR, 20.12.2004 - 50385/99
MAKARATZIS c. GRECE
Auszug aus EGMR, 23.06.2015 - 15028/09
In a number of other cases, the Court considered that Article 2 was applicable to non-fatal shootings where the applicants" lives had been put at serious risk as a result of the conduct of the security forces or third persons (see, for example, Makaratzis v. Greece [GC], no. 50385/99, § 49-55, ECHR 2004-XI; Soare and Others v. Romania, no. 24329/02, §§ 108-109, 22 February 2011; Trévalec v. Belgium, no. 30812/07, §§ 55-61, 14 June 2011; Saso Gorgiev v. the former Yugoslav Republic of Macedonia, no. 49382/06, § 29, ECHR 2012 (extracts); and Yotova v. Bulgaria, no. 43606/04, § 69, 23 October 2012). - EGMR, 12.11.2013 - 43903/09
YABANSU ET AUTRES c. TURQUIE
Auszug aus EGMR, 23.06.2015 - 15028/09
It has thus, by applying the test set out in the Osman judgment, defined the scope of these obligations in instances concerning the requirement of personal protection of one or more individuals identifiable in advance as the potential targets of a lethal act as entailing the necessary analysis of whether there was any decisive stage in the sequence of events leading up to the deprivation of life when it could be said that the authorities knew, or ought to have known, of a real and immediate risk to the life of the individual, and whether they failed to take the necessary measures to avoid that risk (see, for example, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 57, ECHR 2002-II (murder of a prisoner); Branko Tomasic and Others v. Croatia, no. 46598/06, §§ 52-53, 15 January 2009; and Opuz, cited above, § 129, (killings in the context of domestic violence); Van Colle v. the United Kingdom, no. 7678/09, § 88, 13 November 2012 (killing of a witness); Kiliç v. Turkey, no. 22492/93, § 63, ECHR 2000-III; and Mahmut Kaya v. Turkey, no. 22535/93, § 88, ECHR 2000-III (killing of an individual in a conflict zone); and Yabansu and Others v. Turkey, no. 43903/09, § 91, 12 November 2013 (killing of an individual by a third party during military service), cited in Bljakaj and Others v. Croatia, no. 74448/12, § 107, 18 September 2014). - EGMR, 28.03.2000 - 22492/93
KILIÇ v. TURKEY
Auszug aus EGMR, 23.06.2015 - 15028/09
It has thus, by applying the test set out in the Osman judgment, defined the scope of these obligations in instances concerning the requirement of personal protection of one or more individuals identifiable in advance as the potential targets of a lethal act as entailing the necessary analysis of whether there was any decisive stage in the sequence of events leading up to the deprivation of life when it could be said that the authorities knew, or ought to have known, of a real and immediate risk to the life of the individual, and whether they failed to take the necessary measures to avoid that risk (see, for example, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 57, ECHR 2002-II (murder of a prisoner); Branko Tomasic and Others v. Croatia, no. 46598/06, §§ 52-53, 15 January 2009; and Opuz, cited above, § 129, (killings in the context of domestic violence); Van Colle v. the United Kingdom, no. 7678/09, § 88, 13 November 2012 (killing of a witness); Kiliç v. Turkey, no. 22492/93, § 63, ECHR 2000-III; and Mahmut Kaya v. Turkey, no. 22535/93, § 88, ECHR 2000-III (killing of an individual in a conflict zone); and Yabansu and Others v. Turkey, no. 43903/09, § 91, 12 November 2013 (killing of an individual by a third party during military service), cited in Bljakaj and Others v. Croatia, no. 74448/12, § 107, 18 September 2014). - EGMR, 23.10.2012 - 43606/04
YOTOVA c. BULGARIE
Auszug aus EGMR, 23.06.2015 - 15028/09
In a number of other cases, the Court considered that Article 2 was applicable to non-fatal shootings where the applicants" lives had been put at serious risk as a result of the conduct of the security forces or third persons (see, for example, Makaratzis v. Greece [GC], no. 50385/99, § 49-55, ECHR 2004-XI; Soare and Others v. Romania, no. 24329/02, §§ 108-109, 22 February 2011; Trévalec v. Belgium, no. 30812/07, §§ 55-61, 14 June 2011; Saso Gorgiev v. the former Yugoslav Republic of Macedonia, no. 49382/06, § 29, ECHR 2012 (extracts); and Yotova v. Bulgaria, no. 43606/04, § 69, 23 October 2012). - EGMR, 22.02.2011 - 24329/02
SOARE ET AUTRES c. ROUMANIE
Auszug aus EGMR, 23.06.2015 - 15028/09
In a number of other cases, the Court considered that Article 2 was applicable to non-fatal shootings where the applicants" lives had been put at serious risk as a result of the conduct of the security forces or third persons (see, for example, Makaratzis v. Greece [GC], no. 50385/99, § 49-55, ECHR 2004-XI; Soare and Others v. Romania, no. 24329/02, §§ 108-109, 22 February 2011; Trévalec v. Belgium, no. 30812/07, §§ 55-61, 14 June 2011; Saso Gorgiev v. the former Yugoslav Republic of Macedonia, no. 49382/06, § 29, ECHR 2012 (extracts); and Yotova v. Bulgaria, no. 43606/04, § 69, 23 October 2012). - EGMR, 09.06.2009 - 33401/02
Opuz ./. Türkei
Auszug aus EGMR, 23.06.2015 - 15028/09
The Court considers that these complaints should be examined solely from the standpoint of Article 2 of the Convention (see Opuz v. Turkey, no. 33401/02, § 205, ECHR 2009), which reads as follows:. - EGMR, 26.04.1995 - 15974/90
PRAGER ET OBERSCHLICK c. AUTRICHE
- EGMR, 28.03.2000 - 22535/93
MAHMUT KAYA v. TURKEY