Rechtsprechung
EGMR, 30.11.2017 - 48316/08, 58969/12, 58582/13, 69047/13, 26564/14, 52775/16, 53578/16 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
PULYAYEV AND OTHERS v. RUSSIA
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 13+3 - Right to an effective remedy ...
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- EGMR, 10.01.2012 - 42525/07
ANANYEV AND OTHERS v. RUSSIA
Auszug aus EGMR, 30.11.2017 - 48316/08
It reiterates in particular that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are "degrading" from the point of view of Article 3 and may disclose a violation, both alone or taken together with other shortcomings (see Mursic, cited above, §§ 122 -141, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-159, 10 January 2012).42525/07 and 60800/08, 10 January 2012 and Butko v. Russia, no. 32036/10, §§ 54-64, 12 November 2015, the Court already found a violation in respect of issues similar to those in the present case.
Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Ananyev and Others v. Russia (nos. 42525/07 and 60800/08, §§ 100-119, 10 January 2012, pertaining to the absence of an effective remedy to complain about the conditions of detention in Russia) and Dirdizov v. Russia (no. 41461/10, §§ 108-11, 27 November 2012, concerning reasons for and length of pretrial detention).
Regard being had to the documents in its possession and to its case-law (see, in particular, Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, 10 January 2012, and Butko v. Russia, no. 32036/10, § 68, 12 November 2015), the Court considers it reasonable to award the sums indicated in the appended table.