EIT: Omaisella oikeus osallistua tutkintaan kun henkilö saa surmansa viranomaisten toimien seurauksena

4.10.2019 | Oikeusuutiset

Markku Fredman

The father of a man shot by the police was not involved in the investigation properly

Chamber judgment in the case of Fountas v. Greece (application no. 50283/13)

The European Court of Human Rights held, unanimously, that there had been:

  • a violation of Article 2 (right to life) of the European Convention on Human Rights owing to the authorities’ failure to properly involve the applicant in an investigation into his son’s death.

The case concerned the police shooting and killing the applicant’s son in 2010. The Court found that while the authorities had fulfilled their Convention duty to carry out a thorough investigation into the killing, which had led to a finding that the police officers had acted in self-defence, they had failed to involve the applicant in the case to the extent necessary. In particular, he had not had access to documents in the criminal case file or a separate internal police inquiry and had only been informed of his son’s death after an autopsy had taken place, even though the deceased’s body had been identified earlier.