HUCI v. ROMANIA - 55009/20 (Effective criminal investigation into the death of the passenger in the crash of an unapproved powered ultralight aircraft during a test flight - Remainder inadmissible : Fourth Section) French Text [2024] ECHR 343 (16 April 2024)

HUCI v. ROMANIA - 55009/20 (Effective criminal investigation into the death of the passenger in the crash of an unapproved powered ultralight aircraft during a test flight - Remainder inadmissible : Fourth Section) French Text [2024] ECHR 343 (16 April 2024)

The Court found that the Romanian authorities conducted an effective criminal investigation into the death of the applicants' relative, clarifying the circumstances of the accident and the responsibilities involved. Despite some delays, particularly in commissioning a technical expert report, the investigation was...

Source-derived case information.

Citation
[2024] ECHR 343
Parties
Applicant: Ilinca Huci; Applicant: Eduard-Paulus Huci; Respondent: Romania
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Admissibility
Outcome
No violation of Article 2 (procedural limb); remainder of application inadmissible.
Legal Topics
Right to Life (procedural Obligation), Effective Investigation, State Responsibility, Aviation Accident, Prescription of Criminal Liability
Human Rights Law Criminal Law Aviation Law Right to Life (procedural Obligation) Effective Investigation State Responsibility Aviation Accident Prescription of Criminal Liability

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Parties

Ilinca Huci

Applicant

Eduard-Paulus Huci

Applicant

Romania

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Admissibility

  1. 1 Whether the Romanian authorities conducted an effective criminal investigation into the death of the applicants' relative in an ultralight aircraft crash, as required by Article 2 (procedural limb) of the European Convention on Human Rights.
  2. 2 Whether the duration and conduct of the investigation violated the procedural obligations under Article 2.

Ratio Decidendi

The Court found that the Romanian authorities conducted an effective criminal investigation into the death of the applicants' relative, clarifying the circumstances of the accident and the responsibilities involved. Despite some delays, particularly in commissioning a technical expert report, the investigation was not superficial or arbitrary and allowed for the applicants' participation. The authorities' decision not to prosecute did not amount to a violation of the procedural obligations under Article 2 of the Convention. The remainder of the application was inadmissible.

Court Disposition

No violation of Article 2 (procedural limb); remainder of application inadmissible.