Auszug aus EGMR, 05.02.2004 - 73786/01

Accordingly, the Court has recognised that Article 35 § 1 (formerly Article 26) must be applied with some degree of flexibility and without excessive formalism (see, for example, Cardot v. France, judgment of 19 March 1991, Series A no. 200, p. 18, § 34).

Auszug aus EGMR, 05.02.2004 - 73786/01

The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence (see, Labita v. Italy, judgment of 6 April 2000, Reports 2000-IV, pp. 131, 132, § 121 and, mutatis mutandis, Klaas v. Germany, judgment of 22 September 1993, Series A no. 269, pp. 17-18, § 30).

Auszug aus EGMR, 05.02.2004 - 73786/01

It has further recognised that the rule of exhaustion is neither absolute nor capable of being applied automatically; in reviewing whether it has been observed it is essential to have regard to the particular circumstances of each individual case (see, for example, Van Oosterwijk v. Belgium, judgment of 6 November 1980, Series A no. 40, p. 18, § 35).

Auszug aus EGMR, 05.02.2004 - 73786/01

Although recourse to the administrative bodies could be considered an effective remedy in respect of complaints concerning the application or implementation of prison regulations (see, among other authorities, the Boyle and Rice v. the United Kingdom judgment of 27 April 1988, Series A no. 131, p. 26, § 65), the Court considers that in the present case it has not been demonstrated that an appeal to the administrative bodies or to a judge responsible for supervising the execution of sentences offered the applicant the possibility of securing redress for his complaints.