ECHR 2011/5 case of Gillberg v. Sweden, 2 November 2010, no. 41723/06 (third section).

摘要

The Court notes that the Russian legal system affords a possibility to initiate a criminal investigation and/or to bring a civil action for damages in a civil court in order to determine the cause of death of a patient in the care of the medical profession and to make those responsible accountable. Furthermore, the law provides for disciplinary and administrative liability of medical professionals. The Court is, therefore, satisfied that Russian legislation sets forth a sufficient legal framework offering remedies which, in theory, meet the requirements of Article 2 of the Convention. It is, however, necessary for the proper assessment of the applicant's complaint to ascertain whether or not those remedies operated effectively in practice.