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WyrokETPCz2024-11-20

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Zagadnienie prawne
Czy śmierć syna skarżącej podczas obowiązkowej służby wojskowej, w połączeniu z umorzeniem postępowania karnego przeciwko odpowiedzialnym oficerom, stanowi naruszenie prawa do życia (art. 2), zakazu nieludzkiego traktowania (art. 3) oraz prawa do poszanowania życia prywatnego i rodzinnego (art. 8) Konwencji?
Stan faktyczny
Skarżąca, A.P., jest obywatelką Austrii. Jej syn, T.P., zmarł 3 sierpnia 2017 r. podczas obowiązkowej służby wojskowej, zasłabłszy w trakcie forsownego marszu w temperaturze przekraczającej 30°C. Postępowanie karne w sprawie nieumyślnego spowodowania śmierci przeciwko oficerom odpowiedzialnym za szkolenie zostało ostatecznie umorzone przez prokuraturę w styczniu 2020 r.

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 266 (2024) 20.11.2024 Forthcoming judgments and decisions The European Court of Human Rights will be notifying in writing six judgments on Tuesday 26 November 2024 and 53 judgments and / or decisions on Thursday 28 November 2024. 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 26 November 2024 A.P. v. Austria (application no. 1718/21) The applicant, A.P., is an Austrian national who was born in 1971 and lives in Vienna. She is the mother of T.P., who was born on 28 August 1997 and died on 3 August 2017. The case concerns T.P.'s death during compulsory military service. He collapsed during a forced march in over 30�C heat. The criminal investigation into negligent manslaughter and grossly negligent manslaughter against the officers in charge of the training was ultimately discontinued by prosecutors in January 2020. Relying on Articles 2 (right to life), 3 (prohibition of inhuman and degrading treatment) and 8 (right to respect for private and family life) of the European Convention on Human Rights Ms A.P. complains, in particular, of her son's death, of a failure to protect him from inhuman treatment, and that the subsequent investigation was flawed. Souroullas Kay and Zannettos v. Cyprus (no. 1618/18) The applicants, Gregoris Souroullas Kay and Venizelos Zannettos, are Cypriot nationals who were born in 1966 and 1947 respectively and live in Larnaca (Cyprus). The case concerns Mr Kay's conviction for money laundering and Mr Zannettos's for extortion in connection with a land deal. A key part of the evidence before the Larnaca Assize Court was the testimony of N.L., who was a property entrepreneur and owner of ALKI Larnaca, a football club. In the context of an investigation, he stated that Mr Kay had laundered bribes for a CYTA (a State-owned telecoms company) trade-union representative, and that Mr Zannettos, the financial director of the AKEL party, had threatened to block the deal unless N.L. paid off personal loans taken out by former executives of ALKI FC to shore up the club's finances. N.L. was given immunity from prosecution in return for implicating the applicants. Relying on Article 6 � 1 and 3 (b) (right to a fair trial) of the European Convention, the applicants complain in particular of their convictions being based solely on the testimony of an accomplice who had been granted immunity, and of lack of access to data regarding the prosecution's hard disks to establish collusion between the prosecution and N.L. NDI SOPOT S.A v. North Macedonia (no. 6035/17) The applicant, NDI SOPOT S.A., is a construction and engineering company registered in Poland. The case concerns the lack of recognition by the courts of North Macedonia of an arbitration award in the applicant company's favour by the Tribunal of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris. The dispute had been with a private company, G., based in North Macedonia, over the construction of a section of the A4 motorway in Poland. The companies had agreed to allow the ICC arbitration tribunal to adjudicate in the event of a dispute. The applicant relies on Article 6 � 1 (right to a fair trial) of the Convention and Article 1 of Protocol No. 1 (protection of property). Kotov v. Russia (nos. 49282/19 and 50346/19) The applicant, Konstantin Aleksandrovich Kotov, is a Russian national who was born in 1985 and lives in Moscow. The case concerns the convictions under administrative and criminal law of Mr Kotov for public protests and for encouraging others online to attend such events, for which he received a prison sentence. Relying on Articles 10 (freedom of expression) and 11 (freedom of assembly and association) Mr Kotov complains, in particular, of his convictions for taking part in demonstrations and calling on the public to demonstrate. Mr Kotov also makes complaints under Articles 5 (right to liberty and security), 6 (right to a fair trial) and 8 (right to respect for private and family life) of the Convention, and Article 1 of Protocol No. 1 (protection of property). Ferrero Quintana v. Spain (no. 2669/19) The applicant, Asier Ferrero Quintana, is a Spanish national who was born in 1978. The case concerns the imposition of a maximum age of 35 for a public competition to fill several police-officer positions in the Autonomous Community of the Basque Country. The applicant, who had been provisionally authorised to take part in this competition even though he was over the agelimit in question, successfully completed the various tests. However, he was not recruited on the grounds that he was over the age-limit. Before the Court, the applicant complains that he was not recruited and alleges that he was the subject of discrimination on grounds of age. He submits that the medical examinations and physical aptitude tests he underwent confirmed that he was physically apt to hold the position in question. In this connection, he relies on Article 1 of Protocol No. 12 (general prohibition of discrimination) to the Convention. I.B.A. v. Switzerland (no. 28995/20) The applicant, I.B.A. is a Tunisian national who was born in 1980 and lives in Switzerland. I.B.A. arrived and settled in Switzerland in 1999 after marrying a Swiss national. They divorced in 2005, and I.B.A. married a Tunisian national, who joined him in Switzerland. They had three children, all born in Switzerland. The case concerns an order for the applicant's expulsion from the country for five years following his criminal conviction for social benefit fraud. The applicant alleges that the order for expulsion was a disproportionate measure which violated his right to respect for family life under Article 8 of the Convention. Thursday 28 November 2024 Klaudia Csik�s v. Hungary (no. 31091/16) The applicant, Klaudia Csik�s, is a Hungarian national who was born in 1975 and lives in Budapest. She is a journalist for Blikk, a daily newspaper. The case concerns the alleged tapping of telephone calls between the applicant and one of her close acquaintances, a police officer, over a three-day period, apparently with a view to revealing her journalistic sources within the police in the context of an investigation into abuse of authority. Relying on Articles 8 (right to respect for private and family life), 10 (freedom of expression) and 13 (right to an effective remedy), she complains about the tapping of those telephone conversations and that she was denied an effective remedy in that connection. 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. Thursday 28 November 2024 Name Patalen and Skori v. Croatia Vesel� v. the Czech Republic Chambeau and Streiff v. France Le Marrec v. France �cs and Others v. Hungary Kur�nyi-Czak� and Others v. Hungary Kutka and Others v. Hungary Lakatos and Others v. Hungary Szalai v. Hungary Aquilanti v. Italy C.V. v. Italy Casarini v. Italy Ciccarelli and Camar S.r.l. v. Italy De Agostino v. Italy Graziano and Others v. Italy Liguori v. Italy Saiseb Tordivalle S.r.l. v. Italy Valvo and Others v. Italy Crudu v. the Republic of Moldova Kiovi v. Montenegro Vukasinovi v. Montenegro Zunji v. Montenegro Kramska and Kramski v. Poland Modzelewska and Others v. Poland Stpniak and Others v. Poland Stonoga v. Poland Szczepaniak and Others v. Poland Zblewski v. Poland Zwierz and Others v. Poland Oddone v. San Marino Main application number 1638/24 12431/22 15771/20 52319/22 2018/24 43104/23 9423/24 1279/24 14124/24 9870/21 6897/24 25578/11 5257/13 24093/23 11069/23 17929/23 16205/22 46043/13 57669/16 12204/24 43076/22 51681/20 21518/23 1412/21 30533/23 39528/22 53778/20 26375/23 23821/23 23005/23 Name Iseni v. Switzerland �alikan v. T�rkiye Deniz and Others v. T�rkiye Antonyuk and Others v. Ukraine Bondarenko and Others v. Ukraine Boromenskyy and Others v. Ukraine Chereda and Bilous v. Ukraine Dovgyy v. Ukraine Finansova kompaniya Priminvest, TOV v. Ukraine Ivanchikov and Others v. Ukraine Kobyzka v. Ukraine Krasnyanchuk and Kovalyov v. Ukraine Kushchov and Others v. Ukraine Martyshchenko and Others v. Ukraine Matyashuk and Others v. Ukraine Sapitash v. Ukraine Shaptala v. Ukraine Skrynnyk and Others v. Ukraine Statochnyuk and Others v. Ukraine Suray v. Ukraine Tereshchenkov and Others v. Ukraine Umanets and Others v. Ukraine Main application number 27061/21 15255/22 6233/18 54812/22 32951/23 25427/23 15124/16 34967/17 13501/21 34046/23 23633/20 40009/15 35543/16 16153/23 44844/17 41884/18 53825/15 2339/23 22118/17 12313/16 173/22 13116/21 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 X (Twitter) @ECHR_CEDH. Press contacts [email protected] | tel.: +33 3 90 21 42 08 We are happy to receive journalists' enquiries via either email or telephone. 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. 4

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło