ECtHR Cases July–September 2021
| Published date | 01 March 2022 |
| DOI | 10.1177/20322844221074571 |
| Date | 01 March 2022 |
| Subject Matter | ECHR Updates |
ECHR Update
New Journal of European Criminal Law
2022, Vol. 13(1) 116–129
© The Author(s) 2022
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DOI: 10.1177/20322844221074571
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ECtHR Cases July–September
2021
Ben Wild
Senior Crown Prosecutor, Crown Prosecution Service
Article 2
Abdulkhanov v. Russia (no. 35012/10)
The applicant, Rizvan Abdulkhanov, is a Russian national who was born in 1974 and lives in
Grozny (Russia). The case concerns the serious wounding of the applicant by the police and their
allegedly obstructing him from receiving medical treatment for his injuries.
Relying on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment) and 13
(right to an effective remedy) of the Convention, the applicant complains that he was seriously
wounded as the result of excessive use of force by the police, that the authorities prevented him from
receiving necessary medical treatment and failed to investigate the matter effectively.
Outcome
Violation of Article 2 (right to life)
Violation of Article 2 (investigation)
Violation of Article 3 (investigation)
No violation of Article 3 (access to medical assistance)
Just satisfaction: pecuniary damage of 200 euros (EUR), non-pecuniary damage of EUR 40,000
Tkhelidze v. Georgia (application no. 33056/17)
The case concerned the Georgian authorities’failure to protect the applicant’s daughter from
domestic violence and to conduct an effective investigation into the matter.
The Court found that the police had to have been aware that the applicant’sdaughter had been in danger.
Despite the various protective measures that they could have implemented, they had failed to prevent
gender-based violence against her, which culminatedi n her death. The Court found that the police inaction
could be considered a systemic failure. There was a pressing need to conduct a meaningful inquiry into the
possibility that gender-based discrimination and bias had been behind the police’s lack of action.
Outcome
Violation of Article 2 (right to life/investigation) taken in conjunction with Article 14 (pro-
hibition of discrimination)
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