I incorrectly predicted that there's no violation of human rights in GARRIDO HERRERO v. SPAIN.

Information

  • Judgment date: 2008-01-24
  • Communication date: 2020-07-03
  • Application number(s): 61019/19
  • Country:   ESP
  • Relevant ECHR article(s): 2, 2-1, 6, 6-1
  • Conclusion:
    Violation of P1-1
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.585472
  • Prediction: No violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The applicant’s 9 year old daughter needed a breathing machine to sustain life.
Due to an alleged failure in its installation and/or maintenance, the breathing machine stopped working properly and the applicant’s daughter died.
On the basis of the technical reports attached to the file, the applicant filed a criminal complaint against the company that installed the breathing machine, which was discontinued, reopened and finally dismissed by the Audiencia Provincial of Murcia as the six-month time-limit for the criminal investigation was met and there were no sufficient rational indications of criminality against a concrete person.
The applicant complains under Article 2 of the Convention that the authorities failed to protect her daughter’s right to life.
She also complained under Article 6 of the Convention that she was deprived of her right to a fair trial, as the Investigating Judge did not take all the necessary measures to investigate the circumstances under which the applicant’s daughter’s death had occurred.

Judgment