ECtHR Cases July - August 2022
| DOI | http://doi.org/10.1177/20322844221134760 |
| Published date | 01 December 2022 |
| Date | 01 December 2022 |
| Subject Matter | ECHR Update |
ECHR Update
New Journal of European Criminal Law
2022, Vol. 13(4) 546–554
© The Author(s) 2022
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DOI: 10.1177/20322844221134760
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ECtHR Cases July - August 2022
Ben Wild
Crown Advocate, Crown Prosecution Service (UK)
Article 2
Safiand Others v. Greece (application no. 5418/15)
The case concerned the sinking on 20 January 2014 of a fishing boat transporting 27 foreign
nationals in the Aegean Sea, off the island of Farmakonisi, resulting in the death of 11 people,
including relatives of the applicants. According to the applicants, the coastguard vessel was
travelling at very high speed in order to push the refugees back towards Turkish waters, and this
caused the fishing boat to capsize. According to the national authorities, the boat was being towed
towards the island of Farmakonisi in order to rescue the refugees, and it capsized because of panic
and sudden movements among those on board.
The Court found that there had been shortcomings in the proceedings and concluded that the
national authorities had not carried out a thorough and effective investigation capable of shedding
light on the circumstances in which the boat had sunk.The Court found that the Greek authorities
had not done all that could reasonably be expected of them to provide the applicants and their
relatives with the level of protection required by Article 2 of the Convention. The Court also found,
concerning 12 of the applicants who had been on board the boat after it had sunk, that they had been
subjected to degrading treatment on account of the body searches they had undergone on arriving in
Farmakonisi.
Outcome
Violation of Article 2 (right to life) under its procedural head.
Violation of Article 2 (right to life) on account of the failure to comply with the positive obligation
under this Article.
Violation of Article 3 (prohibition of inhuman or degrading treatment),
Just satisfaction: the Court held that Greece was to pay a total of 330,000 euros (EUR) in respect of
the non-pecuniary damage sustained by the applicants, broken down as follows: EUR 100,000 to
one of the applicants, EUR 80,000 to three of the applicants jointly, EUR 40,000 to another of the
applicants, and EUR 10,000 to each of the remaining 11 applicants.
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
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