Communicated on 5 September 2017
FIRST SECTION
Application no. 50283/13
Georgios FOUNTAS
against Greece
lodged on 1 August 2013
SUBJECT MATTER OF THE CASE
The application concerns the alleged lack of an effective investigation into the death of the applicants’ son caused by a police officer. The applicant complains that he was denied access to the investigation file despite his repeated requests and that there were many deficiencies in the conducted investigation which did not allow for the establishment of the facts and circumstances surrounding his son’s death.
QUESTIONS tO THE PARTIES
1. Having regard to the procedural obligation of the contracting States under Article 2 of the Convention to conduct an effective investigation when individuals have been killed as a result of the use of force (see Anguelova v. Bulgaria, no. 38361/97, §§ 136 - 146, ECHR 2002‑IV), has there been a breach of the applicant’s rights under Article 2 of the Convention? In particular, did the investigation conducted in respect of the death of the applicant’s son meet the requirements of Article 2 of the Convention? Was the applicant, as next-of-kin of the deceased, involved in the investigation (see, for example, Oğur v. Turkey [GC], no. 21594/93, § 92, ECHR 1999‑III, and Mikhalkova and Others v. Ukraine, no. 10919/05, § 48, 13 January 2011)?
2. The Government are requested to submit a copy of all the documents relating to the conducted investigation, including all statements taken from suspects and witnesses, all inspections carried out on the site of the incident, as well as any expert reports.
Full & Egal Universal Law Academy