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• Europäischer Gerichtshof für Menschenrechte

  VACHKOVI v. BULGARIA

  Art. 2, Art. 2 Abs. 1, Art. 41 MRK
  Violation of Art. 2 (substantive aspect) Violation of Art. 2 (procedural aspect) Non-pecuniary damage - award (englisch)

Wird zitiert von ... (7)Zitiert selbst (10)

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• EGMR, 27.09.1995 - 18984/91

  Auszug aus EGMR, 08.07.2010 - 2747/02

  The use of force, however, must be no more than "absolutely necessary" for the achievement of one of the purposes set out in sub-paragraphs (a), (b) or (c) (see McCann and Others v. the United Kingdom, 27 September 1995, §§ 147-48, Series A no. 324).
• EGMR, 17.01.2002 - 32967/96

  Auszug aus EGMR, 08.07.2010 - 2747/02

  Even where death has not been caused intentionally, Article 2 of the Convention requires that there should be an effective independent judicial system capable of establishing the circumstances of the death (see, mutatis mutandis, Calvelli and Ciglio v. Italy [GC], no. 32967/96, § 49, ECHR 2002-I).
• EGMR, 13.06.2002 - 38361/97

  ANGUELOVA v. BULGARIA

  Auszug aus EGMR, 08.07.2010 - 2747/02

  There must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice, to maintain public confidence in the authorities" adherence to the rule of law and to prevent any appearance of collusion in or tolerance of unlawful acts (see Ramsahai and Others v. the Netherlands [GC], no. 52391/99, § 321, ECHR 2007-..., and Anguelova v. Bulgaria, no. 38361/97, § 140, ECHR 2002-IV).

• EGMR, 24.02.2005 - 57942/00

  KHASHIYEV AND AKAYEVA v. RUSSIA

  Auszug aus EGMR, 08.07.2010 - 2747/02

  57942/00 and 57945/00, §§ 158 and 159, 24 February 2005).
• EGMR, 17.03.2005 - 50196/99

  BUBBINS v. THE UNITED KINGDOM

  Auszug aus EGMR, 08.07.2010 - 2747/02

  The Court is therefore not convinced that it was impossible for the police, for example, to attempt to warn Mr Vachkov of their intentions, or negotiate with him to put down his weapon, if he was armed, and surrender (see, mutatis mutandis, Bubbins v. the United Kingdom, no. 50196/99, § 146, ECHR 2005-II (extracts)), or otherwise prevent recourse to lethal force, including a suicide attempt by him.
• EGMR, 06.07.2005 - 43579/98

  Auszug aus EGMR, 08.07.2010 - 2747/02

  Thus, the Court considers that the investigation was incomplete, in that it did not, and was not intended to, establish the relevant circumstances in their entirety (see, mutatis mutandis, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 114, ECHR 2005-VII, and Tzekov v. Bulgaria, no. 45500/99, § 71, 23 February 2006).
• EGMR, 24.02.2005 - 57945/00

  Auszug aus EGMR, 08.07.2010 - 2747/02

  57942/00 and 57945/00, §§ 158 and 159, 24 February 2005).
• EGMR, 23.02.2006 - 45500/99

  TZEKOV c. BULGARIE

  Auszug aus EGMR, 08.07.2010 - 2747/02

  Thus, the Court considers that the investigation was incomplete, in that it did not, and was not intended to, establish the relevant circumstances in their entirety (see, mutatis mutandis, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 114, ECHR 2005-VII, and Tzekov v. Bulgaria, no. 45500/99, § 71, 23 February 2006).
• EGMR, 17.07.2001 - 25659/94

  I. BILGIN v. TURKEY

  Auszug aus EGMR, 08.07.2010 - 2747/02

  In the Court's view, having regard to the principles enshrined in Article 2 of the Convention, discontinuing the investigation into the death of a person who had been in the hands of police officers at the time of the fatal injury, without identifying and questioning the police officers involved, cannot be justified in any circumstances (see Ä°rfan Bilgin v. Turkey, no. 25659/94, § 144, ECHR 2001-VIII, and Khashiyev and Akayeva v. Russia, nos.
• EGMR, 23.02.2006 - 46317/99

  OGNYANOVA AND CHOBAN v. BULGARIA

  Auszug aus EGMR, 08.07.2010 - 2747/02

  The remaining relevant provisions of the Criminal Code and the Code of Criminal Procedure related to the duty to investigate death and to the competences of the relevant authorities have been summarised in the Court's judgment in the case of Ognyanova and Choban v. Bulgaria, no. 46317/99, §§ 65 and 69-71, 23 February 2006).

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• EGMR, 15.03.2016 - 31039/11

  NOVRUK v. RUSSIA

  Therefore, since the domestic authorities found the applicants' appeals against the undesirability decisions admissible and examined them, delivering judicial decisions on the substance of the issues now brought before the Court, it cannot be maintained, as the Government did, that the applicants had not exhausted domestic remedies (see Vachkovi v. Bulgaria, no. 2747/02, § 58, 8 July 2010; Raichinov v. Bulgaria (dec.), no. 47579/99, 1 February 2005; and, mutatis mutandis, Öztürk v. Turkey [GC], no. 22479/93, §§ 45-46, ECHR 1999-VI).
• EGMR, 26.04.2011 - 25091/07

  [FRE]

  Thus, whilst the forensic expert established that most of those wounds, including the fatal one to the pharynx, had been caused by a sharp, pointed object with a handle, probably a knife, the prosecution authority did not take the trouble to investigate and explain, in the context of the specific facts of the case, exactly how, with what sharp weapon and by whom amongst the four accused persons, those wounds could have been inflicted (see Vachkovi v. Bulgaria, no. 2747/02, § 91, 8 July 2010).
• EGMR, 06.11.2012 - 30086/05

  [ENG]

  28975/04 and 33406/04, §§ 49-58, 23 February 2010; Vachkovi v. Bulgaria, no. 2747/02, §§ 72-77, 8 July 2010; Vlaevi v. Bulgaria, nos.

  Interviewing such officers is clearly required in cases similar to Vachkovi v. Bulgaria (no. 2747/02, 8 July 2010), where the Court found that there had been a breach of Article 2 of the Convention precisely because of the failure to interview the officers of the anti-terrorist squad.

• EGMR, 15.02.2011 - 35403/06

  TSINTSABADZE v. GEORGIA

  Notably, the site where Zurab Tsintsabadze's body was discovered was not sealed off pending the arrival of the investigators, contrary to Article 333 § 1 and Article 335 § 1 of the CCP (see paragraph 59 above and compare with Vachkovi v. Bulgaria, no. 2747/02, § 91, 8 July 2010).
• EGMR, 25.09.2019 - 41452/07

  LENEV CONTRE LA BULGARIE ET 2 AUTRES AFFAIRES

  2747/02.
• EGMR, 08.11.2016 - 7994/14

  USTINOVA v. RUSSIA

  It cannot therefore be claimed that domestic remedies have not been exhausted (see Vachkovi v. Bulgaria, no. 2747/02, § 58, 8 July 2010; Raichinov v. Bulgaria (dec.), no. 47579/99, 1 February 2005; and, mutatis mutandis, Öztürk v. Turkey [GC], no. 22479/93, §§ 45-46, ECHR 1999-VI, see also Gablishvili v. Russia, no. 39428/12, §§ 43 and 61, 26 June 2014, in which the Court found that the enforcement of an exclusion order would constitute a violation of Article 8 in respect of both the foreign applicant and his Russian wife).
• EGMR, 04.07.2024 - 7621/19

  OGHLISHVILI v. GEORGIA

  In this connection, the Court reiterates that, in order for an investigation to be effective, its conclusions must be based on a thorough analysis of all relevant elements, and that failure to explore adequately all credible lines of inquiry undermines the investigation's ability to establish the circumstances of the case and the person responsible (see Tsintsabadze v. Georgia, no. 35403/06, § 93, 15 February 2011; Vachkovi v. Bulgaria, no. 2747/02, §§ 86 and 88, 8 July 2010; and Kolevi v. Bulgaria, no. 1108/02, § 201, 5 November 2009).