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TOLEDO POLO v. SPAIN

Doc ref: 39691/18 • ECHR ID: 001-191882

Document date: February 18, 2019

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TOLEDO POLO v. SPAIN

Doc ref: 39691/18 • ECHR ID: 001-191882

Document date: February 18, 2019

Cited paragraphs only

Communicated on 18 February 2019

THIRD SECTION

Application no. 39691/18 Margarita TOLEDO POLO against Spain lodged on 13 August 2018

SUBJECT MATTER OF THE CASE

The applicant is the mother of a member of the Spanish army who was killed by the Israeli military on 28 January 2015 while deployed in Lebanon as part of the United Nations Interim Force in Lebanon (UNIFIL).

The applicant complains about the lack of an effective investigation into the killing of her son.

QUESTIONS tO THE PARTIES

1. Did the facts of which the applicant complains in the present case occur within the jurisdiction of the Kingdom of Spain (see Güzelyurtlu and Others v. Cyprus and Turkey [GC], no. 36925/07, §§ 178-190, 29 January 2019)?

2. Having regard to the procedural obligation under Article 2 of the Convention (see Jaloud v. the Netherlands [GC], no. 47708/08, § 186, ECHR 2014, and the authorities cited therein), were the Spanish authorities required to conduct an investigation into the circumstances surrounding the killing of the applicant ’ s son, and if they were so required, did they?

The Government are invited to submit information and supporting documents on any report or investigation conducted by UNIFIL or any other UN body as well as by the Ministry of Defence, the Spanish army or any other national authority. The Government are also invited to submit information on the compensation awarded as a result of the killing of the applicant ’ s son.

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