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WyrokETPCz2022-07-07
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy państwo naruszyło prawo do życia (art. 2 Konwencji) męża skarżącej, w tym poprzez nieskuteczne śledztwo w sprawie jego zabójstwa, oraz czy był on celem ataku z powodu swoich publikacji (art. 10 i 13)?Ratio decidendi
Trybunał uznał, że państwo nie naruszyło materialnego prawa do życia męża skarżącej. Jednakże, stwierdził naruszenie proceduralnego aspektu art. 2 Konwencji, ponieważ śledztwo w sprawie zabójstwa, które zostało zawieszone bez zidentyfikowania sprawcy, było nieskuteczne. Press release nie podaje szczegółowego uzasadnienia, ale wskazuje na nieskuteczność dochodzenia.Stan faktyczny
Mąż skarżącej, Rafig Tagiyev, znany pisarz i publicysta, został ugodzony nożem 19 listopada 2011 r. Był znany z krytycznych poglądów na islam, a w 2006 r. wydano w Iranie fatwę wzywającą do jego śmierci po publikacji serii artykułów. Śledztwo w sprawie jego zabójstwa zostało zawieszone w 2013 r. z powodu niemożności zidentyfikowania sprawcy. Krajowe sądy oddaliły wszystkie późniejsze odwołania skarżącej.Rozstrzygnięcie
Stwierdza brak naruszenia art. 2 (materialny aspekt prawa do życia). Stwierdza naruszenie art. 2 (aspekt proceduralny dotyczący śledztwa). Zasądza 12 000 EUR z tytułu szkody niemajątkowej oraz 2 000 EUR z tytułu kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 234 (2022)
07.07.2022
Judgments and decisions of 7 July 2022
The European Court of Human Rights has today given notification in writing of 24 judgments1 and decisions2:
five Chamber judgments are summarised below;
three separate press releases have been issued for Chamber judgments in the cases of SCI Le
Château du Francport v. France (application no. 3269/18), Safi and Others v. Greece (no. 5418/15),
and M.S. v. Italy (no. 32715/19);
a separate press release has also been issued for one decision in the case of Thibaut v. France
(nos. 41892/19 and 41893/19); Committee judgments, concerning issues which have already been examined by the Court, and
the 29 other decisions can be consulted on Hudoc and do not appear in this press release.
The judgment in French below is indicated with an asterisk (*).
Tagiyeva v. Azerbaijan (application no. 72611/14)
The applicant, Maila Bulud gizi Tagiyeva, is an Azerbaijani national who was born in in 1964 and lives
in Baku.
The case concerns the death of the applicant’s husband, Rafig Tagiyev, following his stabbing on November 2011. Mr Tagiyev was a well-known writer and columnist. He was known in particular
for his critical views on Islam, and a religious fatwa was issued in Iran in 2006 calling for his death
after the publication of a series of articles, the “East-West studies”, he had authored. The
investigation into his killing was suspended in 2013 because it had not been possible to identify the
perpetrator. The national courts dismissed all the applicant’s subsequent challenges to this decision.
Relying on Articles 2 (right to life), 10 (freedom of expression) and 13 (right to an effective remedy)
of the European Convention on Human Rights, the applicant complains that the State failed to
protect her husband’s right to life, that the criminal investigation into his murder was ineffective,
and that he was targeted on account of his publications.
No violation of Article 2 (right to life)
Violation of Article 2 (investigation)
Just satisfaction:
non-pecuniary damage: 12,000 euros (EUR)
costs and expenses: EUR 2,000
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a judgment’s
delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five
judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final
judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution.
Inadmissibility and strike-out decisions are final.
Jurišić v. Croatia (no. 2) (no. 8000/21)
The applicant, Stjepan Jurišić, is a Croatian national who was born in 1970 and lives in Sesvetski
Kraljevec (Croatia).
The case concerns a contact dispute over the applicant’s son, born in 2006.
In a previous judgment of 16 January 2020 (Jurišić v. Croatia, application no. 29419/17), the
European Court found that the applicant had been unable to have any meaningful contact with his
son practically since birth, notably on account of non-enforcement of judicial decisions in his favour.
Enforcement of that judgment is still pending before the Committee of Ministers, the executive arm
of the Council of Europe.
Since this 2020 judgment the Croatian courts have issued fresh decisions for gradually
re-establishing contact between the applicant and his son, while the mother has been found guilty of
obstruction.
In this second application to the European Court the applicant complains under Article 8 (right to
respect for private and family life) of the European Convention about his continued inability to have
contact with his son.
No violation of Article 8
Torosian v. Greece (no. 48195/17)*
The applicant, Garik Torosian, is an Armenian national who was born in 1983. He lives in Thessaloniki
(Greece). On 16 February 2015 he was arrested pursuant to an arrest warrant issued by an
investigating judge and placed in pre-trial detention in relation to criminal proceedings that were
pending against him for armed robbery, committed jointly and in coincidence with other offences
and in a particularly brutal manner against persons, resulting in death and serious bodily injury. In he was sentenced twice by the appeal court to life imprisonment. The applicant appealed on
points of law.
The case concerns the applicant’s allegation that he was subjected to ill-treatment by police officers
on the day of his arrest. It also concerns the criminal and disciplinary proceedings against those
police officers.
Relying on Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention,
the applicant alleges that he was submitted to physical violence by the police officers during his
arrest.
Relying on Article 13 (right to an effective remedy), he submits that the administrative and judicial
authorities did not carry out an effective investigation into his allegations of police violence.
Relying on Article 6 (right to a fair hearing), he alleges a breach of his right of access to a court on
account of the dismissal, as inadmissible, of an appeal lodged by him on 6 July 2016.
Violation of Article 3 (investigation)
No violation of Article 3 (inhuman treatment)
Just satisfaction:
non-pecuniary damage: EUR 10,000
the Court rejected the applicant’s claim for costs and expenses since he had not submitted any
supporting documents
Chocholáč v. Slovakia (no. 81292/17)
The applicant, Roman Chocholáč, is a Slovak national who was born in 1989. He is serving a life
sentence in Leopoldov Prison (Slovakia) for murder.
The case concerns the ban on prison inmates’ possessing pornographic material. In 2013 some
pornographic images were seized from Mr Chocholáč. He was found guilty of a disciplinary offence.
In the final domestic judgment in the case, the Constitutional Court held, among other things, that
the relevant law was absolute on the matter, that prison involved isolation from the opposite sex,
and that pornography could prompt sexual and violent offences. The law left no room for balancing
the ban on such material against the individual’s right to receive information.
He relies on Article 8 (right to respect for private life) and Article 10 (freedom of expression).
Violation of Article 8
Just satisfaction:
non-pecuniary damage: EUR 2,600
Ferhatović v. Slovenia (no. 64725/19)
The applicant, Sebastjan Ferhatović, is a Slovenian national who was born in 1984 and lives in
Ljubljana.
The case concerns the seizure of three large bags of copper wire from the applicant – then a
defendant in criminal proceedings – and their handover to Company E., from which the wire had
allegedly been stolen. The wire, at a value of 23,000 euros, had allegedly been stolen from the
company. Charges were lodged against the applicant for the alleged crime in 2010 and dropped in
2012.
Relying on Article 1 of Protocol No. 1 (protection of property) to the Convention, the applicant
complains about the handover of the wire.
Violation of Article 1 of Protocol No. 1
Just satisfaction:
The finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary
damage sustained by the applicant.
pecuniary damage: EUR 16,500
costs and expenses: EUR 5,000
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
We would encourage journalists to send their enquiries via email.
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