Information Note on the Court’s case-law 207
May 2017
Nicolae Virgiliu Tănase v. Romania (relinquishment) - 41720/13
Article 3
Effective investigation
Positive obligations
Alleged failure to conduct effective and timely criminal investigation into responsibility for road-traffic accident: relinquishment in favour of the Grand Chamber
In 2004 the applicant was seriously injured in a road-traffic accident which he says left him with a serious physical disability. The authorities immediately opened a criminal investigation against the applicant and two other third parties involved, but the investigation, notably into the responsibility of one of the other drivers, was ultimately discontinued by the prosecutor in 2012 on the ground that not all the elements of an offence were present. The prosecutor’s decision was upheld by a district court which dismissed the applicant’s appeal under the statute of limitations.
In his application to the European Court, the applicant complains under Article 3 of the Convention that the domestic authorities failed to examine the merits of the case or to clarify the circumstances of the accident, and allowed the special status of limitation in respect of the driver allegedly responsible for the accident to take effect.
On 18 May 2017 a Chamber of the Court decided to relinquish jurisdiction in favour of the Grand Chamber.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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