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• Europäischer Gerichtshof für Menschenrechte

  KOLESNIKOVICH v. RUSSIA

  Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of ...

Wird zitiert von ... (62)Zitiert selbst (17)

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• EGMR, 28.03.2006 - 72286/01

  MELNIK v. UKRAINE

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Khatayev v. Russia, no. 56994/09, § 85, 11 October 2011; Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011; Gladkiy v. Russia, no. 3242/03, § 84, 21 December 2010; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, § 115, 29 November 2007; Melnik v. Ukraine, no. 72286/01, §§ 104-106, 28 March 2006; and, mutatis mutandis, Holomiov v. Moldova, no. 30649/05, § 121, 7 November 2006) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Hummatov, cited above, §§ 109 and 114).
• EGMR, 07.11.2006 - 30649/05

  HOLOMIOV v. MOLDOVA

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Khatayev v. Russia, no. 56994/09, § 85, 11 October 2011; Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011; Gladkiy v. Russia, no. 3242/03, § 84, 21 December 2010; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, § 115, 29 November 2007; Melnik v. Ukraine, no. 72286/01, §§ 104-106, 28 March 2006; and, mutatis mutandis, Holomiov v. Moldova, no. 30649/05, § 121, 7 November 2006) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Hummatov, cited above, §§ 109 and 114).
• EGMR, 21.12.2010 - 3242/03

  GLADKIY v. RUSSIA

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Khatayev v. Russia, no. 56994/09, § 85, 11 October 2011; Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011; Gladkiy v. Russia, no. 3242/03, § 84, 21 December 2010; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, § 115, 29 November 2007; Melnik v. Ukraine, no. 72286/01, §§ 104-106, 28 March 2006; and, mutatis mutandis, Holomiov v. Moldova, no. 30649/05, § 121, 7 November 2006) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Hummatov, cited above, §§ 109 and 114).

• EGMR, 27.01.2011 - 41833/04

  YEVGENIY ALEKSEYENKO v. RUSSIA

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Khatayev v. Russia, no. 56994/09, § 85, 11 October 2011; Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011; Gladkiy v. Russia, no. 3242/03, § 84, 21 December 2010; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, § 115, 29 November 2007; Melnik v. Ukraine, no. 72286/01, §§ 104-106, 28 March 2006; and, mutatis mutandis, Holomiov v. Moldova, no. 30649/05, § 121, 7 November 2006) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Hummatov, cited above, §§ 109 and 114).
• EGMR, 11.10.2011 - 56994/09

  [ENG]

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Khatayev v. Russia, no. 56994/09, § 85, 11 October 2011; Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011; Gladkiy v. Russia, no. 3242/03, § 84, 21 December 2010; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, § 115, 29 November 2007; Melnik v. Ukraine, no. 72286/01, §§ 104-106, 28 March 2006; and, mutatis mutandis, Holomiov v. Moldova, no. 30649/05, § 121, 7 November 2006) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Hummatov, cited above, §§ 109 and 114).
• EGMR, 07.02.2012 - 2447/05

  CARA-DAMIANI c. ITALIE

  Auszug aus EGMR, 22.03.2016 - 44694/13

  Nevertheless, this does not mean that each detainee must be guaranteed the same medical treatment that is available in the best health establishments outside prison facilities (see Cara-Damiani v. Italy, no. 2447/05, § 66, 7 February 2012).
• EGMR, 29.04.2002 - 2346/02

  Vereinbarkeit der strafrechtlichen Verfolgung der Beihilfe zum Selbstmord mit der …

  Auszug aus EGMR, 22.03.2016 - 44694/13

  However, even in the absence of these, where treatment humiliates or debases an individual, showing a lack of respect for or diminishing his or her human dignity, or arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance, it may be characterised as degrading and also fall within the prohibition of Article 3 (see Pretty v. the United Kingdom, no. 2346/02, § 52, 2002-III, with further references).
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 22.03.2016 - 44694/13

  It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim's behaviour (see, for example, Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-IV).
• EGMR, 26.10.2006 - 59696/00

  KHUDOBIN v. RUSSIA

  Auszug aus EGMR, 22.03.2016 - 44694/13

  The Court reiterates in this regard that even though Article 3 does not entitle a detainee to be released "on compassionate grounds", it has always interpreted the requirement to assure the health and well-being of detainees as an obligation on the part of the State to provide detainees with the requisite medical assistance (see Kudła, cited above, § 94; Khudobin v. Russia, no. 59696/00, § 96, ECHR 2006-XII (extracts); and Kalashnikov v. Russia, no. 47095/99, § 95, ECHR 2002-VI).
• EGMR, 23.02.2016 - 11138/10

  Transnistrien

  Auszug aus EGMR, 22.03.2016 - 44694/13

  Those who wish to invoke the supervisory jurisdiction of the Court as concerns complaints against a State are thus obliged to use first the remedies provided by the national legal system (see, among many other authorities, Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, § 115, 23 February 2016; Gherghina v. Romania [GC] (dec.), no. 42219/07, § 84, 9 July 2015; Vučković and Others v. Serbia (preliminary objection) [GC], nos.
• EGMR, 18.09.2015 - 42219/07

  GHERGHINA c. ROUMANIE
• EGMR, 06.03.2014 - 31535/09

  GORBULYA v. RUSSIA
• EGMR, 08.01.2013 - 56027/10

  [ENG]
• EGMR, 13.07.2006 - 26853/04

  POPOV v. RUSSIA
• EGMR, 10.04.2008 - 21071/05

  WASSERMAN v. RUSSIA (No. 2)
• EGMR, 23.07.2015 - 12983/14

  PATRANIN v. RUSSIA
• EGMR, 05.02.2013 - 41828/10

  [ENG]

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• EGMR, 08.09.2026 - 64510/17
  The Court insists, in particular, that authorities must ensure that diagnosis and care are prompt and accurate (see Sadretdinov v. Russia, no. 17564/06, § 67, 24 May 2016; Vasenin v. Russia, no. 48023/06, § 93, 21 June 2016; and G. v. Russia, no. 42526/07, § 79, 21 June 2016) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Ivko v. Russia, no. 30575/08, § 94, 15 December 2015; Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016; Litvinov v. Russia, no. 32863/13, § 86, 22 March 2016; and Fernandez Iradi v. France, no. 23421/21, §§ 52-55, 4 December 2025).
• EGMR, 06.06.2024 - 11439/21

  KIRILLOV v. RUSSIA and 23 other applications

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

  Rn. 16 Regard being had to the documents in its possession and to its case-law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015 and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), the Court considers it reasonable to award the sums indicated in the appended table.

• EGMR, 30.11.2017 - 38777/04

  [ENG]

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

  Regard being had to the documents in its possession and to its case-law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015 and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), and insofar as claims for just satisfaction were lodged by the applicants, the Court considers it reasonable to award the sums indicated in the appended table.

• EGMR, 28.06.2018 - 1484/16

  IZYUROV AND KUKHARCHUK v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

  Regard being had to the documents in its possession and to its case-law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016; Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015; and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), the Court considers it reasonable to award the sums indicated in the appended table and to dismiss the remainder of the applicants' claims.

• EGMR, 14.12.2017 - 70371/13

  KOROTEYEV AND SITARSKIY v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

  Regard being had to the documents in its possession and to its case-law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016; Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015; and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), as well as the sums which the Government are to pay the applicants under the unilateral declarations, the Court considers it reasonable to award the sums indicated in the appended table.

• EGMR, 13.01.2022 - 71325/16

  KALMYKOV v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

  Regard being had to the documents in its possession and to its case-law (see, in particular, Kolesnikovich v. Russia, no. 44694/13, §§ 82-92, 22 March 2016, Tselovalnik v. Russia, no. 28333/13, §§ 70-77, 8 October 2015 and Budanov v. Russia, no. 66583/11, §§ 77-83, 9 January 2014), the Court considers it reasonable to award the sum indicated in the appended table.

• EGMR, 25.07.2017 - 24051/11

  [ENG]

  The Court has on many occasions established that there is a lack of effective domestic remedies to complain of the quality of medical treatment in detention (see, among many other authorities, Makshakov v. Russia, no. 52526/07, §§ 86-89, 24 May 2016; Litvinov v. Russia, no. 32863/13, §§ 78-81, 22 March 2016; Kolesnikovich v. Russia, no. 44694/13, §§ 63-66, 22 March 2016; Ivko, cited above, §§ 85-88, Gorbulya v. Russia, no. 31535/09, §§ 56-58, 6 March 2014; Reshetnyak, cited above, §§ 65-73; Dirdizov, cited above, § 75; and Koryak, cited above, §§ 86-93).
• EGMR, 11.06.2026 - 5379/25
  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 13.10.2022 - 2301/19

  MELESHCHENKO AND OTHERS v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 28.07.2022 - 55025/17

  AKHPOLOV AND OTHERS v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 07.03.2019 - 54503/08

  KOROL v. UKRAINE
• EGMR, 22.11.2016 - 49106/09

  [ENG]
• EGMR, 13.10.2022 - 15407/19

  KUDRYAVTSEV v. RUSSIA
• EGMR, 13.10.2022 - 28714/18

  DANILOV AND OTHERS v. RUSSIA
• EGMR, 06.10.2022 - 46298/19

  SUSLOV v. UKRAINE
• EGMR, 28.07.2022 - 2556/18

  PISAREV AND OTHERS v. RUSSIA
• EGMR, 07.07.2022 - 69591/17

  YERUSLANOV v. RUSSIA
• EGMR, 09.06.2022 - 17492/16

  NUSALOVA v. RUSSIA
• EGMR, 13.01.2022 - 44274/13

  BORODAY v. UKRAINE
• EGMR, 17.12.2019 - 19886/09

  [ENG]
• EGMR, 06.06.2019 - 60993/16

  BARANOV AND OTHERS AGAINST RUSSIA AND 11 OTHER CASES
• EGMR, 08.02.2018 - 35105/10

  KOLESNIKOV v. RUSSIA
• EGMR, 06.03.2025 - 47120/22

  GORDIYENOK v. RUSSIA and 1 other application
• EGMR, 06.06.2024 - 35773/18

  YANOV v. RUSSIA and 7 other applications
• EGMR, 22.02.2024 - 41877/21

  SIMON v. UKRAINE
• EGMR, 18.01.2024 - 5312/20

  RADCHENKO AND ABRAMOV v. UKRAINE
• EGMR, 06.07.2023 - 41832/16

  KOSKO v. UKRAINE
• EGMR, 09.02.2023 - 50764/20

  PISOTSKYY v. UKRAINE
• EGMR, 13.10.2022 - 27314/20

  PONKRATENKO v. RUSSIA
• EGMR, 13.10.2022 - 81595/17

  ROMANENKO AND SMIRNOV v. RUSSIA
• EGMR, 13.10.2022 - 9361/18

  ANDRIYANOV v. RUSSIA
• EGMR, 13.10.2022 - 49371/18

  KULACHINSKIY v. RUSSIA
• EGMR, 29.09.2022 - 43993/19

  KRYUK v. UKRAINE
• EGMR, 07.07.2022 - 29389/19

  YEPIKHIN v. RUSSIA
• EGMR, 07.07.2022 - 79688/16

  CHERNOUSOV AND OTHERS v. RUSSIA
• EGMR, 23.06.2022 - 1993/17

  KOZIN v. RUSSIA
• EGMR, 28.10.2021 - 451/13

  PARKHOMENKO v. UKRAINE
• EGMR, 04.06.2020 - 5276/13

  POVOROZNYY v. UKRAINE
• EGMR, 09.04.2020 - 65400/16

  ILCHENKO v. UKRAINE
• EGMR, 06.02.2020 - 49614/18

  GERASIN v. UKRAINE
• EGMR, 11.07.2019 - 57240/14

  SERZHANTOV v. UKRAINE
• EGMR, 16.05.2019 - 41203/16

  LOGVINENKO v. UKRAINE
• EGMR, 06.07.2017 - 52873/11

  PETROV v. RUSSIA
• EGMR, 04.07.2024 - 35716/16

  KORYTKO AND OTHERS v. UKRAINE
• EGMR, 13.10.2022 - 19504/19

  GILEV AND OTHERS v. RUSSIA
• EGMR, 13.10.2022 - 69176/17

  TEPLOV v. RUSSIA
• EGMR - 34364/24 (anhängig)

  SEN v. TÜRKIYE
• EGMR, 09.10.2025 - 36729/23

  MONAKHOV AND OTHERS v. UKRAINE
• EGMR, 28.08.2025 - 14875/23

  GRIGORYAN v. ARMENIA
• EGMR, 15.05.2025 - 37516/23

  DZHACHVLIANI AND OTHERS v. UKRAINE
• EGMR, 16.11.2023 - 29857/19

  SHCHURKO AND OTRYSHKO v. UKRAINE
• EGMR, 13.10.2022 - 45095/19

  MIKHALEV AND SAVINOV v. RUSSIA
• EGMR, 28.07.2022 - 82816/17

  BANCHILA AND OTHERS v. RUSSIA
• EGMR, 24.02.2022 - 21848/20

  BAYLO v. UKRAINE
• EGMR, 15.06.2021 - 9800/12

  GAYNUTDINOVA v. RUSSIA
• EGMR, 25.02.2021 - 66139/16

  LADAN AND GULTYAYEV v. UKRAINE
• EGMR, 04.06.2020 - 25837/18

  GONCHARUK AND OTHERS v. UKRAINE
• EGMR, 27.06.2019 - 17278/18

  SOLOPOVA v. UKRAINE
• EGMR, 14.11.2024 - 5533/23

  TSYUSMAK v. UKRAINE
• EGMR, 13.10.2022 - 62123/16

  POLITAYEV AND OTHERS v. RUSSIA
• EGMR, 11.02.2021 - 2806/18

  ZAYARNYUK v. UKRAINE
• EGMR, 22.10.2020 - 79912/13

  RAMISHVILI v. UKRAINE