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• Europäischer Gerichtshof für Menschenrechte

  GREMINA v. RUSSIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (7)Zitiert selbst (17)

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• EGMR, 29.11.2007 - 25/02

  BALÇIK AND OTHERS v. TURKEY

  Auszug aus EGMR, 26.05.2020 - 17054/08

  Furthermore, the applicant presented no danger to public order (see Balçık and Others v. Turkey, no. 25/02, § 32, 29 November 2007).
• EGMR, 24.07.2014 - 46956/09

  [ENG]

  Auszug aus EGMR, 26.05.2020 - 17054/08

  The Court has held, however, that the mere carrying out of a pre-investigation inquiry, not followed by an investigation proper, in which the whole range of investigative measures may be carried out, including the questioning of witnesses, confrontations and identification parades, is insufficient for the authorities to comply with the requirements of an effective investigation into credible allegations of ill-treatment by the police under Article 3 of the Convention (see Lyapin v. Russia, no. 46956/09, §§ 132-137, 24 July 2014, and, more recently, Samesov v. Russia, no. 57269/14, § 51, 20 November 2018).
• EGMR, 20.11.2018 - 57269/14

  SAMESOV v. RUSSIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  The Court has held, however, that the mere carrying out of a pre-investigation inquiry, not followed by an investigation proper, in which the whole range of investigative measures may be carried out, including the questioning of witnesses, confrontations and identification parades, is insufficient for the authorities to comply with the requirements of an effective investigation into credible allegations of ill-treatment by the police under Article 3 of the Convention (see Lyapin v. Russia, no. 46956/09, §§ 132-137, 24 July 2014, and, more recently, Samesov v. Russia, no. 57269/14, § 51, 20 November 2018).

• EGMR, 07.10.2008 - 4327/02

  SAYA AND OTHERS v. TURKEY

  Auszug aus EGMR, 26.05.2020 - 17054/08

  It cannot therefore be said that the police were called upon to react without prior preparation (see Rehbock, cited above, § 72, and Saya and Others v. Turkey, no. 4327/02, § 21, 7 October 2008).
• EGMR, 22.10.2018 - 35553/12

  Präventivhaft: EGMR lässt Polizei Spielraum im Umgang mit Hooligans

  Auszug aus EGMR, 26.05.2020 - 17054/08

  In particular, the condition that there be no arbitrariness demands that both the order to detain and the execution of the detention must genuinely conform with the purpose of the restrictions permitted by the relevant sub-paragraph of Article 5 § 1 (see S., V. and A. v. Denmark [GC], nos. 35553/12 and 2 others, § 91, 22 October 2018; and Nemtsov v. Russia, no. 1774/11, §§ 101-02, 31 July 2014).
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 26.05.2020 - 17054/08

  It prohibits in absolute terms torture and inhuman or degrading treatment or punishment, irrespective of the victim's conduct (see, among other authorities, Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-IV).
• EGMR, 15.03.2012 - 39692/09

  AUSTIN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 26.05.2020 - 17054/08

  Though the Court is not bound by the findings of domestic courts and remains free to make its own assessment in the light of all the material before it, in normal circumstances it requires cogent elements to lead it to depart from the findings of fact reached by the domestic courts (see Austin and Others v. the United Kingdom [GC], nos. 39692/09 and 2 others, § 61, ECHR 2012).
• EGMR, 04.12.2014 - 76204/11

  NAVALNYY AND YASHIN v. RUSSIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  The Court reiterates that the expressions "lawful" and "in accordance with a procedure prescribed by law" in Article 5 § 1 essentially refer back to national law and state the obligation to conform to the substantive and procedural rules thereof (see Creangă v. Romania [GC], no. 29226/03, § 101, 23 February 2012; and Navalnyy and Yashin v. Russia, no. 76204/11, § 91, 4 December 2014).
• EGMR, 10.04.2018 - 54381/08

  TSVETKOVA v. RUSSIA and 5 other applications

  Auszug aus EGMR, 26.05.2020 - 17054/08

  However, before the Court the Government denied that there had been a violation of Article 5. In any event, the amount of RUB 10, 000 awarded to her in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, § 203, 10 April 2018; Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 98, 26 June 2018; Grigoryev and Igamberdiyeva v. Russia [Committee], no. 10970/12, § 25, 12 February 2019; and Kalyapin v. Russia [Committee], no. 6095/09, § 90, 23 July 2019).
• EGMR, 26.06.2018 - 7077/06

  FORTALNOV v. RUSSIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  However, before the Court the Government denied that there had been a violation of Article 5. In any event, the amount of RUB 10, 000 awarded to her in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, § 203, 10 April 2018; Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 98, 26 June 2018; Grigoryev and Igamberdiyeva v. Russia [Committee], no. 10970/12, § 25, 12 February 2019; and Kalyapin v. Russia [Committee], no. 6095/09, § 90, 23 July 2019).
• EGMR, 28.11.2000 - 29462/95

  REHBOCK c. SLOVENIE
• EGMR, 31.07.2014 - 1774/11

  [ENG]
• EGMR, 12.04.2007 - 48130/99

  IVAN VASILEV v. BULGARIA
• EGMR, 25.07.2017 - 31475/10

  ANNENKOV AND OTHERS v. RUSSIA and 1 other application
• EGMR, 21.01.2016 - 61701/11

  KOSTADINOV c. BULGARIE
• EGMR, 23.07.2019 - 6095/09

  KALYAPIN v. RUSSIA
• EGMR, 12.02.2019 - 10970/12

  GRIGORYEV AND IGAMBERDIYEVA v. RUSSIA

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• EGMR, 28.05.2024 - 4573/22

  ZAREMA MUSAYEVA AND OTHERS v. RUSSIA

  Rn. 45 For a summary of relevant domestic law, see Kutayev (cited above, §§ 67-69), Butkevich v. Russia (no. 5865/07, §§ 33-48, 13 February 2018), Gremina v. Russia (no. 17054/08, §§ 53-56 and §§ 58-60, 26 May 2020) and Navalnyy v. Russia ([GC], nos. 29580/12 and 4 others, § 43, 15 November 2018), with further references.

  Having regard to the circumstances of her removal from her place of residence and subsequent transfer (compare Gremina v. Russia, no. 17054/08, § 90, 26 May 2020), the Court finds that the police officers subjected her to ill-treatment with the intention of humiliating and degrading her and that this caused her severe mental suffering amounting to inhuman and degrading treatment.

• EGMR, 22.05.2025 - 231/16

  GEVORGYAN v. ARMENIA

  Rn. 51 One of the criteria informing the characterisation of treatment being examined under Article 3 is the severity of the treatment (see Gremina v. Russia, no. 17054/08, § 83, 26 May 2020).

  The applicant's feeling of humiliation in her own eyes was likely made worse by the fact that the incident took place on a public street in front of numerous people and was later reported in the media (compare Gremina v. Russia, no. 17054/08, § 89, 26 May 2020, and Navalnyy and Gunko, cited above, § 48 in fine).

• EGMR, 12.09.2023 - 58358/14

  ROMANOV v. RUSSIA and 2 other applications

  The Court notes that even though the domestic courts in the civil proceedings found that Mr Prokopenko's deprivation of liberty had been unlawful (see paragraph 29 above), the amount of EUR 27 awarded to him in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Gremina v. Russia, no. 17054/08, § 66, 26 May 2020, with further references).

• EGMR, 29.08.2023 - 25276/15

  VERZILOV AND OTHERS v. RUSSIA

  Whether or not physical injuries of a certain gravity were sustained is not decisive for the assessment of the severity threshold (see Women's Initiatives Supporting Group and Others v. Georgia, nos. 73204/13 and 74959/13, § 60, 16 December 2021; see also Gremina v. Russia, no. 17054/08, §§ 21 and 89-91, 26 May 2020, and Kreyndlin and Others v. Russia, no. 33470/18, §§ 53-54, 31 January 2023).
• EGMR, 26.03.2026 - 20901/19

  PALYVODA v. UKRAINE

  Rn. 23 Having regard to the circumstances above, the Court considers that the degree of force used against the applicant, a person with a disability and visual signs of impaired mobility, which was not strictly necessary with respect to his conduct, violated his human dignity and was therefore contrary to Article 3 (see Gremina v. Russia, no. 17054/08, § 83, 26 May 2020; and contrast with Vasylchuk v. Ukraine, no. 24402/07, § 53, 13 June 2013).
• EGMR, 24.05.2022 - 1223/12

  DOKUKINY v. RUSSIA

  In view of the material in the case file, the Court is not convinced by the Government's argument based on the investigating authority's finding that the six police officers had been unable to draw up an administrative offence record on the spot because of the first applicant's behaviour, and that it had been necessary, therefore, to escort D. to the police station by force - a measure of restraint provided for in the Code of Administrative Offences if a record cannot be drawn up at the place where the offence was discovered (see Gremina v. Russia, no. 17054/08, §§ 53-54, 26 May 2020).
• EGMR, 20.09.2022 - 23506/15

  TEPLITSKAYA v. RUSSIA and 1 other application

  Secondly, with respect to the second applicant the Court notes that even though the domestic courts in civil proceedings found that her deprivation of liberty on 12 October 2013 had been unlawful (see paragraph 3 above), the amount of EUR 28 awarded to her in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Gremina v. Russia, no. 17054/08, § 66, 26 May 2020, with further references).