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
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Summary, issues, holding and outcome
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Parties
Gray
Applicant
Germany
Respondent
Procedural Posture
Application to the European Court of Human Rights / Judgment
Legal Issues
- 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 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
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