ECtHR Cases April - June 2022
Author | Ben Wild |
DOI | http://doi.org/10.1177/20322844221124823 |
Published date | 01 September 2022 |
Date | 01 September 2022 |
Subject Matter | ECHR Update |
ECHR Update
New Journal of European Criminal Law
2022, Vol. 13(3) 364–377
© The Author(s) 2022
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DOI: 10.1177/20322844221124823
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ECtHR Cases April - June 2022
Ben Wild
Crown Advocate, Crown Prosecution Service
Article 2
Nana Muradyan v. Armenia (application no. 69517/11)
The applicant, Nana Muradyan, is an Armenian national, who was born in 1972 and lives in
Armavir (Armenia). The case concerns the death of the applicant’s 18-year-old son during his
compulsory military service on the territory of the unrecognised Nagorno Karabakh Republic. On
15 March 2010 he was found hanging from a metal pole behind the officers’room of his military
unit. The ensuing investigation has been stayed three times and is still ongoing. According to the
findings thus far, the applicant’s son committed suicide because of harassment.
disputes that her son committed suicide, alleging that he was murdered because he had witnessed
a theft in his military unit. She also complains that the authorities’investigation into her son’s death
was ineffective.
Outcome
Violation of Article 2 (right to life)
Violation of Article 2 (investigation)
Just satisfaction: non-pecuniary damage 20,000 euros (EUR), costs and expenses EUR 16
Landi v. Italy (application no. 10929/19)
In the present case Ms Landi alleged that the Italian State had failed to take the requisite action to
protect her and her two children from the domestic violence inflicted by her partner, which had led to
the murder of her one-year-old son and her own attempted murder in 2018.
The Court noted that the national authorities had failed in their duty to conduct an immediate and
proactive assessment of the risk of a repetition of the violent acts committed against Ms Landi and
her children, and to adopt operational and preventive measures to mitigate the risk and to protect
those concerned. In particular, the authorities had remained passive in the face of the serious risk of
ill-treatment of Ms Landi, and their inaction had enabled the applicant’s partner to continue to
threaten, harass and attack her unhindered and with impunity. The authorities ought to have assessed
the risk of renewed violence and adopted appropriate and adequate measures. Such measures could
have been adopted by the authorities, pursuant to Italian legislation, whether or not there had been
a complaint or any change in the victim’s perception of the risk. The authorities had reacted neither
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