The ECHR revealed a violation of the requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its procedural aspect.

Заголовок: The ECHR revealed a violation of the requirements of Article 2 of the Convention for the Protection of Human Сведения: 2019-02-09 10:37:30

Resolution of the ECHR of September 18, 2018 in the case of Kolobychko (Kolobychko) against the Republic of Moldova, the Russian Federation and Ukraine (application N 36724/10).

The case successfully examined the complaint of the applicant living in the city of Tiraspol of the Transnistrian region of the Republic of Moldova, of a violation of Article 2 of the Convention in connection with the death of his son during his military service on conscription and the lack of an effective investigation into the circumstances of his death. The case was a violation by the authorities of the Russian Federation of the requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to life) in its procedural aspect, the requirements of Article 2 of the Convention are not violated by the Russian Federation in the substantive aspect. The requirements of Article 2 of the Convention are not violated by the authorities of the Republic of Moldova.

In 2010, the complainant was assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.

In his application, the complainant, residing in the city of Tiraspol of the Transnistrian region of the Republic of Moldova, who was the father of Yevgeny Kolobichko, born in 1989, complained, in particular, that Article 2 of the Convention had been violated due to the death of his son during military service under conscription regarding the circumstances of his death.

On September 18, 2018, the European Court of Justice by the majority of votes declared the complaint admissible for consideration on the merits in respect of the Russian Federation and unanimously in respect of the Republic of Moldova. The remaining parts of the complaint were unanimously declared inadmissible for consideration on the merits. The European Court unanimously recognized that Article 2 of the Convention (the right to life) was not violated by the authorities of the Republic of Moldova. The European Court also ruled that there was a violation by the authorities of the provisions of Article 2 of the Convention in its procedural aspect, and unanimously recognized that Article 2 of the Convention was not violated by the Russian Federation in its substantive aspect. European also ruled that the Russian authorities should pay the applicant 20,000 euros in compensation for non-pecuniary damage and 2,400 euros in compensation for costs and expenses.

The dissenting opinion was expressed by the judge of the European Court of Human Rights D. Dedov (elected from the Russian Federation).

 

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