KOTENOK v. RUSSIA - 50636/11 (Judgment : No Right to life : Third Section) French Text [2021] ECHR 243 (23 March 2021)

KOTENOK v. RUSSIA - 50636/11 (Judgment : No Right to life : Third Section) French Text [2021] ECHR 243 (23 March 2021)

The Court found that, at the time of detention, the police did not have sufficient information to foresee a real and immediate risk of suicide by the detainee, and thus were not required to take special preventive measures. The investigation into the death was prompt, independent, thorough, and involved the family,...

Source-derived case information.

Citation
[2021] ECHR 243
Parties
Applicant: Galina Ivanovna Kotenok; Applicant: Irina Valeryevna Kotenok; Applicant: Andrey Valeryevich Kotenok; Respondent: Government of Russia
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
No violation of Article 2 of the Convention (right to life) in either its substantive or procedural aspects.
Legal Topics
Right to Life, State Obligations, Detention, Police Conduct, Effective Investigation, Suicide in Custody
Human Rights Law Criminal Procedure Right to Life State Obligations Detention Police Conduct Effective Investigation Suicide in Custody

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Parties

Galina Ivanovna Kotenok

Applicant

Irina Valeryevna Kotenok

Applicant

Andrey Valeryevich Kotenok

Applicant

Government of Russia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the State failed its positive obligation to protect the right to life of a detainee under Article 2 of the Convention
  2. 2 Whether the investigation into the detainee's death was effective as required by Article 2

Ratio Decidendi

The Court found that, at the time of detention, the police did not have sufficient information to foresee a real and immediate risk of suicide by the detainee, and thus were not required to take special preventive measures. The investigation into the death was prompt, independent, thorough, and involved the family, meeting the procedural requirements of Article 2. Therefore, there was no violation of Article 2 in either its substantive or procedural aspects.

Court Disposition

No violation of Article 2 of the Convention (right to life) in either its substantive or procedural aspects.