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• Europäischer Gerichtshof für Menschenrechte

  KUCHTA AND METEL v. POLAND

  Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  KUCHTA AND MĘTEL v. POLAND

  Art. 3 MRK
  [ENG]

Wird zitiert von ... (19)Neu Zitiert selbst (5)

• EGMR, 28.07.1999 - 25803/94

  Zur "Einzelfallprüfung" und "geltungszeitlichen Interpretation" im Rahmen des …

  Auszug aus EGMR, 02.09.2021 - 76813/16

  The Court has already held on many occasions that where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused, failing which a clear issue arises under Article 3 of the Convention (see Selmouni v. France [GC], no. 25803/94, § 87, ECHR 1999-V).
• EGMR, 28.11.2000 - 29462/95

  REHBOCK c. SLOVENIE

  Auszug aus EGMR, 02.09.2021 - 76813/16

  The burden rests on the Government to demonstrate that this was the case (see Rehbock v. Slovenia, no. 29462/95, § 72, ECHR 2000-XII, and Boris Kostadinov v. Bulgaria, no. 61701/11, § 53, 21 January 2016).
• EGMR, 12.04.2007 - 48130/99

  IVAN VASILEV v. BULGARIA

  Auszug aus EGMR, 02.09.2021 - 76813/16

  However, such force may be used only if indispensable and must not be excessive (see Ivan Vasilev v. Bulgaria, no. 48130/99, § 63, 12 April 2007).
• EGMR, 21.01.2016 - 61701/11

  BORIS KOSTADINOV v. BULGARIA

  Auszug aus EGMR, 02.09.2021 - 76813/16

  The burden rests on the Government to demonstrate that this was the case (see Rehbock v. Slovenia, no. 29462/95, § 72, ECHR 2000-XII, and Boris Kostadinov v. Bulgaria, no. 61701/11, § 53, 21 January 2016).
• EGMR, 25.07.2017 - 31475/10

  ANNENKOV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 02.09.2021 - 76813/16

  In respect of recourse to physical force during an arrest, the Court reiterates that Article 3 does not prohibit the use of force for effecting a lawful arrest (see Annenkov and Others v. Russia, no. 31475/10, § 79, 25 July 2017).

• EGMR, 11.01.2024 - 62807/09

  MASLOVA AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 14.09.2023 - 27284/17

  KOZAYEV AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 30.11.2023 - 41071/18

  TINGAYEV AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.

 
• EGMR, 23.11.2023 - 40311/19

  MUZHETSKIY AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 05.07.2022 - 62003/08

  KURSISH AND OTHERS v. RUSSIA

  In the cases of Mr Kursish, Mr Chalenko, Ms Zaytseva and Mr Zhukov, where, according to the Government, the applicants had sustained injuries as a result of the lawful use of force by the officers (see paragraphs 13, 25, 31 and 49 above), no assessment was carried out whether the use of that force had been necessary and proportionate (see Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021).
• EGMR - 26955/20 (anhängig)

  ZARIPOV v. RUSSIA and 6 other applications

  In Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014 and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found that the authorities' refusal to institute a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police violated procedural obligation under Article 3 of the Convention.
• EGMR, 07.09.2023 - 58533/18

  SHAROV AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 05.10.2023 - 60851/12

  VARZHABETYAN AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 28.09.2023 - 75045/11

  PUGACHEV AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to open a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to fulfil its procedural obligation under Article 3 of the Convention.
• EGMR, 14.09.2023 - 4792/22

  ABAKUMETS AND OTHERS v. RUSSIA

  Furthermore, in the cases of Lyapin v. Russia, no. 46956/09, §§ 128-40, 24 July 2014, and Samesov v. Russia, no. 57269/14, §§ 54-63, 20 November 2018, as well as in Kuchta and Metel v. Poland, no. 76813/16, § 88, 2 September 2021, the Court has already found, in particular, that the authorities' refusal to institute a fully-fledged criminal investigation into the credible allegations of ill-treatment, as well as the lack of assessment of the necessity and proportionality of the use of lawful force by the police were indicative of the State's failure to comply with its procedural obligation under Article 3 of the Convention.
• EGMR, 28.09.2023 - 58772/18

  IVANOV AND OTHERS v. RUSSIA
• EGMR, 28.09.2023 - 54250/18

  KOLESNIKOVA AND OTHERS v. RUSSIA
• EGMR, 28.09.2023 - 18032/19

  BARONIN AND OTHERS v. RUSSIA
• EGMR, 07.09.2023 - 15380/19

  TARASOV AND OTHERS v. RUSSIA
• EGMR, 23.11.2023 - 31186/22

  KOMPANEYETS AND PETROSYAN v. RUSSIA
• EGMR, 14.09.2023 - 30389/19

  GOLOVACHEV AND OTHERS v. RUSSIA
• EGMR, 14.09.2023 - 41761/20

  KUSHNIKOVA AND OTHERS v. RUSSIA
• EGMR, 14.06.2022 - 14800/18

  BALKASI AND OTHERS v. ALBANIA
• EGMR, 31.01.2023 - 17923/09

  DINÇ ET SAYGILI c. TÜRKIYE