issued by the Registrar of the Court
ECHR 274 (2024)
26.11.2024
Judgments of 26 November 2024
The European Court of Human Rights has today notified in writing six Chamber judgments1:
three judgments are summarised below;
separate press releases have been issued for the three other judgments in the cases of Souroullas
Kay and Zannettos v. Cyprus (application no. 1618/18), Kotov v. Russia (nos. 49282/19 and
50346/19), and Ferrero Quintana v. Spain (no. 2669/19);
The judgments summarised below are available only in English.
A.P. v. Austria (application no. 1718/21)
The applicant, A.P., is an Austrian national who was born in 1971 and lives in Vienna. She is the
mother of T.P., who was born on 28 August 1997 and died on 3 August 2017.
The case concerns T.P.’s death during compulsory military service. He collapsed during a forced
march in over 30°C heat. The criminal investigation into negligent manslaughter and grossly
negligent manslaughter against the officers in charge of the training was ultimately discontinued by
prosecutors in January 2020.
Relying on Articles 2 (right to life), 3 (prohibition of inhuman and degrading treatment) and 8 (right
to respect for private and family life) of the European Convention on Human Rights Ms A.P.
complains, in particular, of her son’s death, of a failure to protect him from inhuman treatment, and
that the subsequent investigation was flawed.
No violation of Article 2 (right to life and investigation)
NDI SOPOT S.A v. North Macedonia (no. 6035/17)
The applicant, NDI SOPOT S.A., is a construction and engineering company registered in Poland.
The case concerns the lack of recognition by the courts of North Macedonia of an arbitration award
in the applicant company’s favour by the Tribunal of the International Court of Arbitration of the
International Chamber of Commerce (ICC) in Paris. The dispute had been with a private company, G.,
based in North Macedonia, over the construction of a section of the A4 motorway in Poland. The
companies had agreed to allow the ICC arbitration tribunal to adjudicate in the event of a dispute.
The applicant relies on Article 6 § 1 (right to a fair trial) of the European Convention and Article 1 of
Protocol No. 1 (protection of property).
Violation of Article 6
Just satisfaction:
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Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
non-pecuniary damage: 3,600 euros (EUR)
costs and expenses: EUR 15,000
I.B.A. v. Switzerland (no. 28995/20)
The applicant, I.B.A. is a Tunisian national who was born in 1980 and lives in Switzerland.
I.B.A. arrived and settled in Switzerland in 1999 after marrying a Swiss national. They divorced in
2005, and I.B.A. married a Tunisian national, who joined him in Switzerland. They had three children,
all born in Switzerland. The case concerns an order for the applicant’s expulsion from the country for
five years following his criminal conviction for social benefit fraud.
The applicant alleges that the order for expulsion was a disproportionate measure which violated his
right to respect for family life under Article 8 of the Convention.
No violation of Article 8
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
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