GRAY v. GERMANY AND UNITED KINGDOM - 49278/09 - HEDEC [2012] ECHR 2096 (18 December 2012)

GRAY v. GERMANY AND UNITED KINGDOM - 49278/09 - HEDEC [2012] ECHR 2096 (18 December 2012)

The Court held that, as the applicants had settled their civil claims for compensation in the UK and renounced further remedies, they could no longer claim to be victims of a substantive violation of Article 2 ECHR. The procedural complaints against Germany required further examination and were not declared inadmissible at this stage. The complaints against the UK regarding the adequacy of investigations and remedies were manifestly ill-founded, as the applicants had access to civil proceedings, public inquiries, and compensation.

Citation
[2012] ECHR 2096
Parties
Applicant: Stuart Gray; Applicant: Rory Gray; Respondent: Germany; Respondent: United Kingdom
Jurisdiction
European Union
Judgment Date
18 December 2012
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility and Merits (partial)
Outcome
Application against the United Kingdom declared inadmissible as manifestly ill-founded; complaints against Germany communicated for further examination.
Legal Topics
Right to Life (article 2 Echr), Procedural Obligations Under Article 2 ECHR, Gross Negligence Manslaughter, Medical Malpractice, Double Jeopardy (ne Bis in Idem), Extradition, Effective Remedy (article 13 Echr), Discrimination (article 14 Echr), State Liability for Medical Care, Civil Compensation for Wrongful Death
Human Rights Law Criminal Law Medical Law Tort Law Right to Life (article 2 Echr) Procedural Obligations Under Article 2 ECHR Gross Negligence Manslaughter Medical Malpractice +6 more

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Parties

Stuart Gray

Applicant

Rory Gray

Applicant

Germany

Respondent

United Kingdom

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Admissibility and Merits (partial)

Legal Issues

  1. 1 Whether Germany and the United Kingdom fulfilled their substantive and procedural obligations under Article 2 ECHR regarding the death of David Gray
  2. 2 Whether the criminal proceedings in Germany and the lack of prosecution in the UK satisfied the procedural requirements of Article 2 ECHR
  3. 3 Whether the applicants had effective remedies under Article 13 ECHR

Ratio Decidendi

The Court held that, as the applicants had settled their civil claims for compensation in the UK and renounced further remedies, they could no longer claim to be victims of a substantive violation of Article 2 ECHR. The procedural complaints against Germany required further examination and were not declared inadmissible at this stage. The complaints against the UK regarding the adequacy of investigations and remedies were manifestly ill-founded, as the applicants had access to civil proceedings, public inquiries, and compensation.

Court Disposition

Application against the United Kingdom declared inadmissible as manifestly ill-founded; complaints against Germany communicated for further examination.

Orders

  • Application against the United Kingdom rejected under Article 35 §§ 3(a) and 4 ECHR as manifestly ill-founded.
  • Complaints against Germany to be communicated to the German Government for observations.