Rechtsprechung
| EGMR, 21.01.2020 - 44116/10, 70640/10, 52089/11, 17499/12, 65489/12 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
TIMERBULATOVA AND OTHERS v. RUSSIA
Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading ...
Wird zitiert von ... Zitiert selbst (27)
- EGMR, 27.09.1995 - 18984/91
Auszug aus EGMR, 21.01.2020 - 44116/10
As to costs and expenses, the Court has to establish whether they were actually incurred and whether they were necessary and reasonable as to quantum (see McCann and Others v. the United Kingdom, 27 September 1995, § 220, Series A no. 324). - EGMR, 18.06.2002 - 25656/94
ORHAN v. TURKEY
Auszug aus EGMR, 21.01.2020 - 44116/10
The essence of such a violation does not lie mainly in the fact of the "disappearance" of the family member, but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention (see Orhan v. Turkey, no. 25656/94, § 358, 18 June 2002, and Imakayeva v. Russia, no. 7615/02, § 164, ECHR 2006-XIII (extracts)). - EGMR, 09.11.2006 - 69480/01
LOULOUÏEV ET AUTRES c. RUSSIE
Auszug aus EGMR, 21.01.2020 - 44116/10
Where the news of a missing person's death has been preceded by a sufficiently long period during which he or she has been deemed to have disappeared, there exists a distinct period during which the applicants have suffered the uncertainty, anguish and distress characteristic of the specific phenomenon of disappearances (see Luluyev and Others v. Russia, no. 69480/01, § 115, ECHR 2006-XIII (extracts)).
- EGMR, 09.11.2006 - 7615/02
IMAKAÏEVA c. RUSSIE
Auszug aus EGMR, 21.01.2020 - 44116/10
The essence of such a violation does not lie mainly in the fact of the "disappearance" of the family member, but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention (see Orhan v. Turkey, no. 25656/94, § 358, 18 June 2002, and Imakayeva v. Russia, no. 7615/02, § 164, ECHR 2006-XIII (extracts)). - EGMR, 13.06.2000 - 23531/94
TIMURTAS c. TURQUIE
Auszug aus EGMR, 21.01.2020 - 44116/10
In this connection the Court considers that such a situation gives rise to issues which go beyond a mere "irregular detention" in violation of Article 5. Such an interpretation is in keeping with the effective protection of the right to life, as afforded by Article 2, which ranks as one of the most fundamental provisions in the Convention (see, among other authorities, Çakıcı, cited above, § 86, and Timurtaş v. Turkey, no. 23531/94, § 83, ECHR 2000-VI). - KAG Münster, 28.01.2010 - 26/09
Kostentragungspflicht des Dienstgebers für die Hinzuziehung eines …
Auszug aus EGMR, 21.01.2020 - 44116/10
26/09/1979. - EGMR, 03.06.2008 - 15/02
DURUK ET YÜCEDAG c. TURQUIE
Auszug aus EGMR, 21.01.2020 - 44116/10
15/02/1985. - KAG Münster, 28.01.2010 - 25/09
Auszug aus EGMR, 21.01.2020 - 44116/10
25/09/2012. - VG der Evangelischen Landeskirche in Württemberg, 01.06.2012 - 10/12
Auszug aus EGMR, 21.01.2020 - 44116/10
10/12/1963. - EGMR, 31.05.2016 - 58055/10
DOSHUYEVA AND YUSUPOV v. RUSSIA
Auszug aus EGMR, 21.01.2020 - 44116/10
The delays in opening the criminal cases, or the lulls in the proceedings, therefore cannot be interpreted as the applicants' failure to comply with the six-month requirement (see Abdulkhadzhiyeva and Abdulkhadzhiyev v. Russia, no. 40001/08, §§ 9, 15 and 67, 4 October 2016, where the delay in lodging a formal complaint amounted to eight months, and contrast Doshuyeva and Yusupov v. Russia (dec.), 58055/10, §§ 41-47, 31 May 2016, where the applicants did not contact the investigating authorities for about eight years and three months while the investigation was seemingly dormant). - EGMR, 27.02.2001 - 25704/94
CICEK v. TURKEY
- EGMR, 05.07.2005 - 49790/99
TRUBNIKOV v. RUSSIA
- EGMR, 22.11.2016 - 3340/08
ORTSUYEVA AND OTHERS v. RUSSIA
- EGMR, 26.03.2015 - 40166/07
Russland muss Tschetschenen Schmerzensgeld zahlen
- EGMR, 12.07.2016 - 11059/12
ALIYEV AND GADZHIYEVA v. RUSSIA
- EGMR, 09.05.2000 - 20764/92
ERTAK c. TURQUIE
- EGMR, 04.12.2018 - 5374/07
YANDAYEVA AND KHAMAYEV v. RUSSIA and 10 other applications
- EGMR, 22.01.2019 - 50556/08
KUKURKHOYEVA AND OTHERS v. RUSSIA
- SG Berlin, 14.09.1955 - 15/12
- EGMR, 10.10.2013 - 51534/08
[ENG]
- EGMR, 05.02.2019 - 4246/14
CHERNENKO AND OTHERS v. RUSSIA
- EGMR, 04.10.2016 - 40001/08
[ENG]
- EGMR, 07.05.2019 - 3752/13
DZHABRAILOVA AND OTHERS v. RUSSIA
- EGMR, 01.04.2010 - 2952/06
[ENG]
- EGMR, 18.12.2012 - 2944/06
[ENG]
- EGMR, 09.10.2014 - 42575/07
[ENG]
- EGMR, 04.10.2016 - 12646/15
MAYLENSKIY v. RUSSIA
- EGMR - 59117/11 (anhängig)
OZDAMIROVA AND BAKRIYEVA v. RUSSIA and 9 other applications
Application no. (17499/12 Tasuyev and Others v. Russia)}}.The applicants in all the applications, save for those in Ismailovy v. Russia (no. 2664/12), Tasuyev and Others v. Russia (no. 17499/12) and Tayubova v. Russia (no. 20191/12), complain, invoking Article 3 of the Convention, that they are suffering severe mental distress due to the indifference demonstrated by the authorities in respect of the abduction and subsequent disappearance of their close relatives and the State's failure to conduct an effective investigation into the incidents.
The applicants in all the applications complain, in essence, under Article 13 of the Convention of the lack of an effective remedy in respect of their complaints under Article 2 of the Convention; the applicants in Ozdamirova and Bakriyeva v. Russia (no. 59117/11) and Magomadova v. Russia (no. 67274/13) complain of the lack of an effective remedy in respect of their complaints under Articles 3 and 5 of the Convention; the applicants in Mukhtarova and Others v. Russia (no. 13916/12) complain of the lack of an effective remedy in respect of their complaint under Article 3 of the Convention; and the applicants in Tasuyev and Others (no. 17499/12) complain of the lack of an effective remedy in respect of their complaint under Article 5 of the Convention.
The first applicant in Tasuyev and Others v. Russia (no. 17499/12) complains under Articles 3, 5 and 13, in conjunction with Article 5 of the Convention, that State agents tortured him and unlawfully deprived him of liberty for the period of time stated in the Appendix and that no effective investigation into the matter was carried out.
The applicants in Tasuyev and Others v. Russia (no. 17499/12) complain of a violation of their right under Article 1 of Protocol No. 1 to the Convention due to the unlawful seizure of the car by the abductors.
In respect of the applications Ismailovy v. Russia (no. 2664/12), Tasuyev and Others v. Russia (no. 17499/12), Chatuyeva and Others v. Russia (no. 3765/13) and Magomadova v. Russia (67274/13), have the applicants complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? In particular, were there on the part of the applicants "excessive or unexplained delays" in submitting their complaints to the Court after the abduction of their relatives, have there been considerable lapses of time or significant delays and lulls in the investigative activity, which could have an impact on the application of the six-month limit (see, mutatis mutandis, Varnava and Others v. Turkey [GC], nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, §§ 162, 165 and 166, ECHR 2009)? The applicants are invited to provide explanations for the delay in lodging their respective applications with the Court, as well as copies of documents reflecting their correspondence with the authorities in connection with the abduction and/or disappearance of their relatives.
In respect of all the applications, except for applications Ismailovy v. Russia (no. 2664/12), Tasuyev and Others v. Russia (no. 17499/12) and Tayubova v. Russia (no. 20191/12), has the applicants' mental suffering in connection with the disappearance of their close relatives, and the authorities' alleged indifference in that respect and their alleged failure to conduct an effective investigation into their disappearances been sufficiently serious to amount to inhuman and degrading treatment, within the meaning of Article 3 of the Convention? If so, has there been a breach of Article 3 of the Convention in respect of the applicants?.
In respect of Tasuyev and Others v. Russia (no. 17499/12), was the first applicant deprived of his liberty during the period of time listed in the appendix and subjected to ill-treatment by State agents, contrary to the provisions of Articles 3 and 5 of the Convention?.
In respect of Tasuyev and Others v. Russia (no. 17499/12), were the applicants deprived of their property, contrary to the provisions of Article 1 of Protocol No. 1 to the Convention, in the course of the abduction of their relative?.
(a) any information, supported by relevant documents, which is capable of rebutting the applicants' allegations that their missing relatives and the first applicant in Tasuyev and Others v. Russia (no. 17499/12) were abducted by State servicemen;.
(b) a complete list of all investigative actions taken in connection with the applicants' complaints about the disappearance of their missing relatives and the complaint of the first applicant in Tasuyev and Others v. Russia (no. 17499/12) regarding his alleged deprivation of liberty and ill-treatment, in chronological order, indicating dates and the authorities involved, as well as a brief summary of the findings;.
17499/12.
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