European Court of Human Rights

 

 

 

FIFTH SECTION

Application no. 49278/09
Stuart and Rory GRAY
against Germany and the United Kingdom
lodged on 10 September 2009

See: [2012] ECHR 2096

 

The facts and complaints in these cases have been summarised in the Court’s decision on admissibility, which is available in HUDOC.

QUESTIONS TO THE German Government

 




  Did the applicants exhaust all effective domestic remedies as required by Article 35 § 1 of the Convention with respect to their complaint that the investigations into their father’s death by the German authorities did not comply with the procedural protection of the right to life enshrined in Article 2 of the Convention?

In particular, would a complaint with the Federal Constitutional Court concerning the applicants’ non-involvement in U.’s criminal trial have constituted an effective remedy within the meaning of Article 35 § 1 of the Convention in this respect?

 




  If so, having regard to the procedural protection of the right to life, was the investigation in the present case by the German authorities in breach of Article 2 of the Convention and, in particular, were the deceased’s next of kin sufficiently involved in the proceedings?