Gray v. Germany - 49278/09 - Legal Summary [2014] ECHR 712 (22 May 2014)

Gray v. Germany - 49278/09 - Legal Summary [2014] ECHR 712 (22 May 2014)

The criminal and disciplinary proceedings conducted by the German authorities were effective and satisfied the procedural obligations under Article 2 § 1 of the Convention. The applicants were sufficiently involved, and there was no requirement under Article 2 for prosecution or sentencing in a particular State or...

Source-derived case information.

Citation
[2014] ECHR 712
Parties
Applicant: Gray; Respondent: Germany
Jurisdiction
European Union
Judgment Date
22 May 2014
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
no violation
Legal Topics
Right to Life, Effective Investigation, Medical Negligence, Extradition, Procedural Obligations Under Article 2
Human Rights Law Criminal Law Medical Law Right to Life Effective Investigation Medical Negligence Extradition Procedural Obligations Under Article 2

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Parties

Gray

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the criminal proceedings in Germany satisfied the procedural obligations under Article 2 of the European Convention on Human Rights regarding the death of the applicants' father due to medical negligence
  2. 2 Whether the applicants, as next of kin, were sufficiently involved in the German proceedings

Ratio Decidendi

The criminal and disciplinary proceedings conducted by the German authorities were effective and satisfied the procedural obligations under Article 2 § 1 of the Convention. The applicants were sufficiently involved, and there was no requirement under Article 2 for prosecution or sentencing in a particular State or for a specific penalty.

Court Disposition

no violation