Rechtsprechung
| EGMR, 06.07.2006 - 13600/02 |
Volltextveröffentlichung
Verfahrensgang
- EGMR, 06.10.2005 - 13600/02
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Wird zitiert von ... (0) Neu Zitiert selbst (5)
- EGMR, 28.08.2001 - 50901/99
VAN DER VEN v. THE NETHERLANDS
Auszug aus EGMR, 06.07.2006 - 13600/02
Relying on the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("CPT") in respect of its visit to the EBI in 1997 and on the Court's decision on admissibility of 28 August 2001 in the case of Van der Ven v. the Netherlands (no. 50901/99), he argued that his (continued) detention in the EBI infringed his rights under Articles 3 and 8 of the Convention on account of the EBI detention regime.The applicant based this part of his claim on the Court's findings in its judgments of 4 February 2003 in the cases of Van der Ven v. the Netherlands (no. 50901/99, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99), the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as set out in two reports (see paragraphs 46-47 below), a report drawn up on 10 October 2003 by academic researchers on the psychological impact of the EBI regime on the mental well-being of (former) inmates (see paragraph 23 below), and the report drawn up on 23 March 2004 by the psychiatrist R.J.P. Rijnders (see paragraph 18 above).
An overview of the relevant domestic law and practice is given in the Court's judgment of 4 February 2003 in the case of Van der Ven v. the Netherlands (no. 50901/99, §§ 26-35, ECHR 2003-II) and in Baybasın v. the Netherlands ((dec.), no. 13600/02, 6 October 2005).
- EGMR, 13.07.2000 - 39221/98
SCOZZARI ET GIUNTA c. ITALIE
Auszug aus EGMR, 06.07.2006 - 13600/02
However, relying on the Court's reasoning in the cases of Papamichalopoulos and Others v. Greece ((Article 50), judgment of 31 October 1995, Series A no. 330-B) and Scozzari and Giunta v. Italy ([GC], nos. 39221/98 and 41963/98, ECHR 2000-VIII), the Supreme Court considered that, although the State was in principle free to determine the manner in which redress was to be provided, that freedom did not mean that the domestic judge was unable to take a decision on that point, but simply that a suitable form of redress was to be sought within the domestic legal order. - EGMR, 20.11.1989 - 11454/85
KOSTOVSKI v. THE NETHERLANDS
Auszug aus EGMR, 06.07.2006 - 13600/02
In a judgment given on 1 February 1991 (NJ 1991, no. 413) in a civil action against the Netherlands State brought by a co-accused of a successful applicant in Strasbourg (Kostovski v. the Netherlands, judgment of 20 November 1989, Series A no. 166), the Supreme Court held:. - EGMR, 04.02.2003 - 52750/99
LORSE AND OTHERS v. THE NETHERLANDS
Auszug aus EGMR, 06.07.2006 - 13600/02
The applicant based this part of his claim on the Court's findings in its judgments of 4 February 2003 in the cases of Van der Ven v. the Netherlands (no. 50901/99, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99), the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as set out in two reports (see paragraphs 46-47 below), a report drawn up on 10 October 2003 by academic researchers on the psychological impact of the EBI regime on the mental well-being of (former) inmates (see paragraph 23 below), and the report drawn up on 23 March 2004 by the psychiatrist R.J.P. Rijnders (see paragraph 18 above). - EGMR, 27.11.1991 - 12565/86
OERLEMANS c. PAYS-BAS
Auszug aus EGMR, 06.07.2006 - 13600/02
On the other hand, a civil action should be declared inadmissible when another specific remedy exists which offers sufficient guarantees of fair proceedings (see Supreme Court, 12 December 1986, Nederlandse Jurisprudentie (Netherlands Law Reports - "NJ") 1987, no. 381; see also Oerlemans v. the Netherlands, judgment of 27 November 1991, Series A no. 219, §§ 21-35 and §§ 53-56).
Rechtsprechung
| EGMR, 06.10.2005 - 13600/02 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
BAYBASIN v. THE NETHERLANDS
Verfahrensgang
- EGMR, 06.10.2005 - 13600/02
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Wird zitiert von ... (0) Neu Zitiert selbst (4)
- EGMR, 04.02.2003 - 52750/99
LORSE AND OTHERS v. THE NETHERLANDS
Auszug aus EGMR, 06.10.2005 - 13600/02
The ruling of the European Court of Human Rights [of 4 February 2003 in the case of Van der Ven v. the Netherlands, no. 52750/99] and the ruling of the interim-measures judge (voorzieningenrechter) of the Regional Court of The Hague of 7 July 2003, as cited by the [applicant], were given after (the major part of) the strip-searches and frisking of which complaint is made.For the determination of the appeal are also of relevance the rulings of the European Court of Human Rights of 4 February 2003 [Lorsé and Others v. the Netherlands and Van der Ven v. the Netherlands] (nos. 52750/99 and 50901/99).
As regards the weekly strip-searches after the cell inspection it was held [in the case of Lorsé and Others] (no. 52750/99):.
On 1 March 2003, in view of the Court's findings in its judgments of 4 February 2003 in the cases of Van der Ven v. the Netherlands (cited above) and Lorsé and Others v. the Netherlands (no. 52750/99), the EBI house rules (huisregels) were amended in that the practice of weekly routine strip-searches accompanying the weekly cell inspections was abandoned.
(Van der Ven v. the Netherlands, Application no. 50901/99, ECtHR 4 February 2002, § 63; see also Lorsé et al v. the Netherlands, Application no. 52750/99, ECtHR 4 February 2002, § 74).
The Court reiterates the general considerations as set out in its judgments in the similar cases of Van der Ven v. the Netherlands (no. 50901/99, §§ 46-53, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99, §§ 58-65, 4 February 2003) and its findings in these cases.
- EGMR, 28.08.2001 - 50901/99
VAN DER VEN v. THE NETHERLANDS
Auszug aus EGMR, 06.10.2005 - 13600/02
Relying on the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("CPT") in respect of its visit to the EBI in 1997 and on the Court's decision on admissibility of 28 August 2001 in the case of Van der Ven v. the Netherlands (no. 50901/99), he argued that his (continued) placement in the EBI infringed his rights under Articles 3 and 8 of the Convention on account of the EBI detention regime.For the determination of the appeal are also of relevance the rulings of the European Court of Human Rights of 4 February 2003 [Lorsé and Others v. the Netherlands and Van der Ven v. the Netherlands] (nos. 52750/99 and 50901/99).
An overview of the relevant domestic law and practice is given in the Court's judgment of 4 February 2003 in the case of Van der Ven v. the Netherlands (no. 50901/99, §§ 26-35, ECHR 2003-II).
The findings of the CPT with regard to the EBI, as set out in its Report on the visit to the Netherlands from 17 to 27 November 1997, as well as the Netherlands Government's response to these findings are set out in the Court's judgment of 4 February 2003 in the case of Van der Ven v. the Netherlands (no. 50901/99, §§ 32-35, ECHR 2003-II).
(Van der Ven v. the Netherlands, Application no. 50901/99, ECtHR 4 February 2002, § 63; see also Lorsé et al v. the Netherlands, Application no. 52750/99, ECtHR 4 February 2002, § 74).
The Court reiterates the general considerations as set out in its judgments in the similar cases of Van der Ven v. the Netherlands (no. 50901/99, §§ 46-53, ECHR 2003-II) and Lorsé and Others v. the Netherlands (no. 52750/99, §§ 58-65, 4 February 2003) and its findings in these cases.
- EGMR, 28.09.1999 - 28114/95
DALBAN v. ROMANIA
Auszug aus EGMR, 06.10.2005 - 13600/02
The Court reiterates that an applicant is deprived of his or her status of victim if the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention (see Dalban v. Romania [GC], no. 28114/95, § 44, ECHR 1999-VI, and Constantinescu v. Romania, no. 28871/95, § 40, ECHR 2000-VIII). - EGMR, 27.06.2000 - 28871/95
CONSTANTINESCU c. ROUMANIE
Auszug aus EGMR, 06.10.2005 - 13600/02
The Court reiterates that an applicant is deprived of his or her status of victim if the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention (see Dalban v. Romania [GC], no. 28114/95, § 44, ECHR 1999-VI, and Constantinescu v. Romania, no. 28871/95, § 40, ECHR 2000-VIII).
Rechtsprechung
| EGMR, 07.06.2007 - 13600/02 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
BAYBASIN v. THE NETHERLANDS
Art. 37, Art. 37 Abs. 1 Buchst. c, Art. 37 Abs. 2, Art. 41 MRK
Costs and expenses (Convention proceedings) - claim dismissed Remainder struck out of the list. (englisch)
Verfahrensgang
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- EGMR, 04.02.2003 - 50901/99
VAN DER VEN v. THE NETHERLANDS
Auszug aus EGMR, 07.06.2007 - 13600/02
He did, however, consider that it should be much higher than the amount of 3, 000 euros (EUR) awarded by the Court in the similar case of Van der Ven v. the Netherlands, (no. 50901/99, § 76, ECHR 2003-II) as compensation for non-pecuniary damage based on the standard used by the Court in that case would not accurately reflect the extent of the psychological distress he had suffered in the EBI.