Rechtsprechung
   EGMR, 28.09.2023 - 58772/18, 11559/19, 12910/19, 16364/19, 44031/19, 44356/19, 45620/19, 45704/19, 39744/20, 52876/22   

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https://dejure.org/2023,25569
EGMR, 28.09.2023 - 58772/18, 11559/19, 12910/19, 16364/19, 44031/19, 44356/19, 45620/19, 45704/19, 39744/20, 52876/22 (https://dejure.org/2023,25569)
EGMR, Entscheidung vom 28.09.2023 - 58772/18, 11559/19, 12910/19, 16364/19, 44031/19, 44356/19, 45620/19, 45704/19, 39744/20, 52876/22 (https://dejure.org/2023,25569)
EGMR, Entscheidung vom 28. September 2023 - 58772/18, 11559/19, 12910/19, 16364/19, 44031/19, 44356/19, 45620/19, 45704/19, 39744/20, 52876/22 (https://dejure.org/2023,25569)
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Volltextveröffentlichung

  • Europäischer Gerichtshof für Menschenrechte

    IVANOV AND OTHERS v. RUSSIA

    Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment;Torture) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right ...

 
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Wird zitiert von ... (0)Neu Zitiert selbst (41)

  • KAG Münster, 18.01.2007 - 10/06

    Abschluss eines beamtenähnlichen Arbeitsvertrages; Ersetzung der Zustimmung der …

    Auszug aus EGMR, 28.09.2023 - 58772/18
    At 7 p.m. on 09/06/2016 his arrest was recorded by an investigator of the Ingushetia Federal Security Service (the record was allegedly complied ex post facto on 10/06/2016), and the applicant was questioned as a suspect and confessed in the presence of a State-appointed lawyer.

    On the night between 9 to 10/06/2010 he was allegedly beaten again.

    On 10/06/2016 he was placed in the IVS.

    Having studied the documents, the applicant's lawyer commented that he had requested a forensic expert examination of the applicant as early as on 10/06/2016, and that a failure to conduct it in good time had resulted in an inability to record evidence of ill-treatment, as the bruises had healed in the meantime.

    1) On 10/06/2016 the applicant's lawyer requested that a forensic examination of the applicant be ordered: he had visited the applicant in detention and then had informed the investigators in writing that he had seen multiple injuries on the applicant's face and that there could have been more injuries on the body.

    The decision referred to a testimony of an IVS officer that on 10/06/2016 the applicant had had no injuries or complaints; and a record in an IVS log to the effect that the applicant had had no complaints.

    No proceedings under Article 125 of the Code of Criminal Procedure, as the ill-treatment complaint was examined during the trial on 03/11/2017: the court heard the applicant, the lawyer who had seen injuries on him on 10/06/2016; the applicant's parents who had complained of the applicant's abduction and who stated that they had seen injuries on their son's face during the court hearing concerning his arrest on or around 10/06/2016.

    6 (1) - unfair criminal proceedings - use of confession statement of 10/06/2016 obtained as a result of duress (Turbylev v. Russia, no. 4722/09, § 90, 6 October 2015, and Aleksandr Konovalov v. Russia, no. 39708/07, §§ 53-56, 28 November 2017).

  • KAG Mainz, 24.04.2008 - M 21/07

    Eingruppierung; Zustimmungsersetzung

    Auszug aus EGMR, 28.09.2023 - 58772/18
    Forensic expert report no. 291 of 21/07/2016 (pigmentation on a neck as a result of an abrasion's healing; the abrasion could have been caused between two to three weeks prior to the examination; the expert was unable to comment (i) on its origin, and (ii) on the absence or presence of bruises inflicted 42 days prior to the examination date, as any bruises would have healed and disappeared in the meantime).

    In so far as the applicant was concerned, the decision referred to the forensic medical expert report of 21/07/2016; the applicant's written statement of 26/07/2016 that he had no complaints about the FSB officers; and the applicant's failure to raise the duress issue between June and September 2016.

    It referred to the "lack of complaints" on admission to the IVS; the lack of injuries recorded during the forensic medical examination of 21/07/2016 and the applicant's own statement of 26/07/2016 that he had no complaints about the FSB officers.

    Refusals to open criminal proceedings: 11/05/2018, 21/07/2018, 28/08/2019 (with reference to the applicant's lack of complaints in the IVS and his confessions), all overruled by the investigators' superiors for the failure to question the applicant and obtain and assess the medical documents compiled on 08/02/2018 on admission to the remand prison.

  • KAG Münster, 12.07.2010 - 28/09

    Einführung einer Verteilung der Dienstzeiten auf 5,5 Tage-Woche; Verstoß gegen §§ …

    Auszug aus EGMR, 28.09.2023 - 58772/18
    Certificate of 28/09/2016 by paramedics: subcutaneous hematoma of the frontal part of the head.

    On 28/09/2016 complaint to the Oktyabrskiy District prosecutor in Krasnoyarsk and on 10/10/2016 complaint to the Oktyabrskiy District investigative committee / On 09/11/2016 first refusal to open a criminal case and then 11 more refusals by mid-2019 /refusal of 08/02/2019 overruled on 26/04/2019 by the investigators' superiors/the last refusal to open a criminal case of 07/06/2019 overruled on 21/06/2019 and a new inquiry ordered; no information on the outcome.

    On 28/09/2018 the applicant failed to comply with the bailiff's requests at the Moscow City Court.

    Certificate of 28/09/2018 by Krasnogorsk City Hospital no. 1: soft tissue bruises on the right shoulder, right shoulder blade, the back of the head (subcutaneous hematoma).

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