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WyrokETPCz2021-11-24
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy śmierć dziecka w szkole i późniejsze postępowanie wyjaśniające naruszyły prawo do życia (art. 2) oraz prawo do skutecznego środka odwoławczego (art. 13) Konwencji?Stan faktyczny
Skarżący, Derenik G. Mkrtchyan i Gayane Mkrtchyan, są obywatelami Armenii. Ich 10-letni wnuk/syn zmarł w 2010 roku po bójce w szkole. Skarżący twierdzą, że śmierć chłopca była wynikiem zaniedbania władz szkolnych w zakresie jego ochrony, gdy znajdował się pod ich kontrolą, oraz że późniejsze śledztwo było nieskuteczne.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 350 (2021) 24.11.2021
Forthcoming judgments and decisions
The European Court of Human Rights will be notifying in writing 19 judgments on Tuesday 30 November 2021 and 88 judgments and / or decisions on Thursday 2 December 2021.
Press releases and texts of the judgments and decisions will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int)
Tuesday 30 November 2021
Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia (application no. 69736/12) The applicants, Derenik G. Mkrtchyan and Gayane Mkrtchyan, are Armenian nationals who were born in 1948 and 1976 respectively and live in Alapars (Armenia). The case concerns death of Derenik G., the applicants' grandson and son respectively, at the age of ten in 2010 following a fight in the classroom in his school. It also concerns the subsequent investigation and legal proceedings. Relying on Article 2 (right to life) and Article 13 (right to an effective remedy) of the European Convention on Human Rights, the applicants claim, in particular, that the boy's death was a result of a failure by the school authorities to protect him while under their control and that the subsequent investigation was ineffective.
Genov and Sarbinska v. Bulgaria (no. 52358/15) The applicants, Asen Georgiev Genov and Tsvetelina Ognyanova Sarbinska, are Bulgarian nationals who were born in 1969 and 1973 respectively and live in Sofia. The case concerns the applicants' spray-painting on the anniversary of the October Revolution of a partisans' monument in protest against the then Government, which was led by the Bulgarian Socialist Party (the former Communist Party). They were convicted of hooliganism and fined. Relying on Article 10 (freedom of expression) of the European Convention, the applicants complain of their conviction.
Avci v. Denmark (no. 40240/19) The applicant, Cihan Avci, is a Turkish national who was born in 1993 and lives in Turkey. The case concerns a High Court order to expel the applicant from Denmark following his conviction and custodial sentence for, among other things, serious drugs offences. Mr Avci was ultimately expelled on 24 January 2020. Relying on Article 8 (right to respect for private and family life) of the Convention, the applicant complains of the decision to expel him from Denmark.
T.A. and Others v. the Republic of Moldova (no. 25450/20) The applicants, T.A., A.A. and N., are Moldovan nationals who were born in 1954, 1963 and 2015 respectively and live in Alexandru Ioan Cuza (Moldova). They are grandparents and a grandson.
N. was born with multiple health problems, and his mother died soon after his birth. The child resided with his grandparents. The case concerns the attempts by A.C., the child's father, to gain custody over N. Relying on Article 8 (right to respect for private and family life), the applicants complain of the decisions that could lead to the removal of their grandson.
Mironescu v. Romania (no. 17504/18) The applicant, Ioan-Dumitru Mironescu, is a Romanian national who was born in 1973 and is currently detained in Iai Prison (Romania). The case concerns the applicant's being prevented from voting while serving a prison term for organised-crime offences, despite no order restricting his right to vote having been made by the courts, for the sole reason that, on the date of the elections, he was serving a sentence in a prison situated outside the electoral constituency of his place of residence. Relying on Article 10 (freedom of expression), the applicant complains, in particular, that he was unlawfully prevented from voting in the 2016 parliamentary elections.
iriac v. Romania (no. 51107/16) The applicant, Ioan iriac, is a Romanian national who was born in 1939 and lives in Monte Carlo (Monaco). He is a former tennis player and president of the Romanian Olympic Committee and is thought to be one of the richest people in Romania. The case concerns an allegedly defamatory press article about Mr iriac, and the court proceedings that followed. Relying on Article 8 (right to respect for private and family life), the applicant complains of the domestic courts' assessment of the facts, of their denial to him of the possibility of obtaining compensation, and of their failure to protect his rights.
Pal v. the United Kingdom (no. 44261/19) The applicant, Rita Pal, is a British national who was born in 1971 and lives in Birmingham (United Kingdom). The applicant is a journalist and former psychiatrist. The case concerns her arrest on charges of harassment following a social-media exchange between her and a certain A.B. concerning healthservice whistle-blowing issues. Relying on Article 10 (freedom of expression), the applicant complains that her arrest, conditions of bail and prosecution violated her rights.
Thursday 2 December 2021
Election Monitoring Centre and Others v. Azerbaijan (no. 64733/09) The applicants, Election Monitoring Centre (Se�kilrin Monitorinqi Mrkzi), Anar Asaf oglu Mammadli and Bashir Suleyman oglu Suleymanli, are an NGO based in Baku and two Azerbaijani nationals. The latter two were born in 1978 and 1980 respectively and live in Baku. They are the founders of Election Monitoring Centre. The case concerns the attempts from 2006-08 by the second and third applicants to have the applicant association officially registered. The association was intended to be a body for monitoring elections. It also concerns the authorities' dissolution of the applicant association shortly after its registration.
Relying on Article 11 (freedom of assembly and association) and Article 34 (right of individual petition), the applicants complain, in particular, of the failure by the authorities to register the applicant association promptly, of its dissolution and of the seizure by the authorities of the case file for the application before the European Court of Human Rights.
Jallow v. Norway (no. 36516/19)
The applicant, Ebrima Pa Jallow, is a Gambian national who was born in 1972 and lives in Gambia.
The case concerns proceedings in which the applicant lodged an application to be granted parental responsibility for his child, living in Norway, following the child's mother's death. In particular, he had to attend a court hearing in the proceedings via Skype as he was not granted a visa to enter Norway for reasons of immigration control.
Relying on Article 6 (right to a fair hearing), the applicant alleges that the proceedings were unfair, mainly because he was not allowed to appear in person. He alleges among other things that he was put at a significant disadvantage vis-�-vis the child's aunt, who had also lodged an application concerning the child in the proceedings and who could be physically present.
The applicant also complains that the refusal to give him parental responsibility violated his right to respect for his family life under Article 8 of the Convention.
Iacob-Ridzi v. Romania (no. 41564/15)
The applicant, Monica-Maria Iacob-Ridzi, is a Romanian national who was born in 1977 and lives in Petrosani.
Ms Iacob-Ridzi, when she was Minister for Youth and Sport, was prosecuted for, among other offences, abuse of office to the detriment of public interests, and sentenced to five years' imprisonment.
She complains that the proceedings against her were unfair.
The Court will give its rulings in writing on the following cases, some of which concern issues which have already been submitted to the Court, including excessive length of proceedings.
These rulings can be consulted from the day of their delivery on the Court's online database HUDOC.
They will not appear in the press release issued on that day.
Tuesday 30 November 2021
Name A.C. v. the Republic of Moldova Armeanu and Vacarciuc v. the Republic of Moldova Capacchione v. the Republic of Moldova Cernica and Nartea v. the Republic of Moldova Coliban v. the Republic of Moldova and Russia Golub v. the Republic of Moldova and Russia Mtsaru v. the Republic of Moldova Snegur v. the Republic of Moldova X. v. the Republic of Moldova Borgovan v. Romania Vegh and Others v. Romania Bul v. Turkey
Main application number 60450/13 47861/12 22616/10 2521/14 5216/13 48020/12 53098/17 22775/07 43529/13 23553/15 13064/18 48072/19
Thursday 2 December 2021
Name Omerbasi and Others v. Bosnia and Herzegovina Angelov and Others v. Bulgaria Buyukliyski and Others v. Bulgaria Tanev v. Bulgaria Transins Industry AD and Others v. Bulgaria Zanev and Taneva v. Bulgaria Scott Bader d.o.o. and Mileti v. Croatia Tomi v. Croatia Dam v. Denmark Berki and Others v. Hungary Bucsi v. Hungary Csik�s and Others v. Hungary Gy�rgy v. Hungary Klapoff and Others v. Hungary Nagy and Others v. Hungary Petr�nyi v. Hungary Rafael v. Hungary Sz�l and Others v. Hungary Barry v. Ireland O'Leary v. Ireland Caputo v. Italy Ipate v. the Republic of Moldova L�senco and Crucic v. the Republic of Moldova Popovici (G�lc) v. the Republic of Moldova Roman Catholic Diocese of Chiinu v. the Republic of Moldova Struc v. the Republic of Moldova de Wilde v. the Netherlands Willems v. the Netherlands Iseni v. North Macedonia Ffara v. Poland Goliasz v. Poland Kordziski v. Poland Ordak v. Poland Rebelo dos Santos v. Portugal Aparaschivei and Others v. Romania Bela v. Romania Cruu and Others v. Romania Ciurar and Others v. Romania Covaci and Others v. Romania Czinori and Others v. Romania Dicu and Others v. Romania Dumitrache and Others v. Romania Fondation Szekler Monitor v. Romania Hurezanu v. Romania
Main application number
4359/19 71528/17 60361/19 56048/19 10844/15 28436/15 46998/15 46343/19 1349/21 44066/20 2512/21 44001/20 31984/20 4431/21 49106/20 50612/20 10038/21 5078/16 30123/18 56681/19 59121/18 57123/14 23541/14 4853/12 841/13 20005/12 9476/19 57294/16 63770/16 60136/13 52503/17 35815/18 3020/20 4608/17 715/19 69344/14 9923/17 46837/16 48624/16 54886/16 30319/16 58771/16 11750/21 29450/20
Name
Iancu and Others v. Romania Sincar v. Romania Stnescu and Others v. Romania Tender S.A. and Others v. Romania Amirov v. Russia Avdeyev and Others v. Russia Berezin v. Russia Boziyev v. Russia Dandayev v. Russia Gromovoy and Shaydullov v. Russia Gusev and Others v. Russia Leksin v. Russia Malygin and Others v. Russia Posokhin v. Russia Pugin v. Russia Salagor and Others v. Russia Svetlov v. Russia Tsvetkov and Others v. Russia Ulyanov v. Russia Yevdokimov v. Russia Dodi and Others v. Serbia Gerber v. Slovakia Lesan v. Slovakia Mag�t v. Slovakia Petejov� v. Slovakia Peter v. Slovakia Stachovic v. Slovakia Vol�rov� v. Slovakia Anlar and Others v. Turkey Pakel Kimya Tekstil Sanayi Ticaret A. . v. Turkey Sivi v. Turkey Toplusoy and Roman Ready-to-wear Textile, Industry and Trade Joint Stock Company v. Turkey Gerashchenko v. Ukraine Gorozhankin and Others v. Ukraine Kolos v. Ukraine Mylostnyy and Others v. Ukraine Ozerskaya v. Ukraine Pliva v. Ukraine Sharyf v. Ukraine Syomak and Others v. Ukraine Sytnik v. Ukraine
Main application number 57085/16 33705/16 34061/16 60432/15 30268/18 65606/16 44002/14 6658/09 44327/18 24857/15 9303/19 8552/20 1011/14 55781/17 3121/18 52101/17 19002/18 35701/18 22850/20 42787/11 18462/20 15765/17 28012/21 28368/19 20399/21 14112/21 27254/21 12981/21 43071/19 16850/19 10334/18 38960/11
31575/20 13582/11 49002/20 55390/20 18059/12 44691/13 23274/13 1691/21 55902/20
This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court's press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHR_CEDH. Press contacts [email protected] | tel.: +33 3 90 21 42 08 Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30) Denis Lambert (tel.: + 33 3 90 21 41 09) Inci Ertekin (tel.: + 33 3 90 21 55 30) Neil Connolly (tel.: + 33 3 90 21 48 05) Jane Swift (tel.: + 33 3 88 41 29 04) The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło