Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  GANDALOYEVA v. RUSSIA

  (englisch)

Wird zitiert von ... (3)Neu Zitiert selbst (10)

• EGMR, 24.03.2005 - 21894/93

  AKKUM AND OTHERS v. TURKEY

  Auszug aus EGMR, 04.12.2008 - 14800/04

  Such a parallel is based on the salient fact that in both situations the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities (see Akkum and Others v. Turkey, no. 21894/93, § 211, ECHR 2005-II).

  The burden of proof is thus shifted to the Government and if they fail in their arguments, issues will arise under Article 2 and/or Article 3 (see ToÄ?cu v. Turkey, no. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, no. 21894/93, § 211, ECHR 2005-II).

• EGMR, 28.07.1999 - 25803/94

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

  Auszug aus EGMR, 04.12.2008 - 14800/04

  Thus, it has found that where an individual is taken into 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 an issue will arise under Article 3 of the Convention (see Tomasi v. France, 27 August 1992, §§ 108-111, Series A no. 241-A; Ribitsch v. Austria, 4 December 1995, § 34, Series A no. 336; and Selmouni v. France [GC], no. 25803/94, § 87, ECHR 1999-V).
• EGMR, 27.06.2000 - 21986/93

  Verursachung des Todes eines Gefangenen in türkischer Haft - Umfang der …

  Auszug aus EGMR, 04.12.2008 - 14800/04

  Indeed, in such situations the burden of proof may be regarded as resting on the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII).

 
• EGMR, 10.07.2001 - 25657/94

  AVSAR c. TURQUIE

  Auszug aus EGMR, 04.12.2008 - 14800/04

  As to the facts in dispute, the Court refers to its jurisprudence confirming the standard of proof "beyond reasonable doubt" in its assessment of evidence (see Avsar v. Turkey, no. 25657/94, § 282, ECHR 2001-VII (extracts)).
• EGMR, 14.03.2002 - 46477/99

  PAUL ET AUDREY EDWARDS c. ROYAUME-UNI

  Auszug aus EGMR, 04.12.2008 - 14800/04

  The passage of time will inevitably erode the amount and quality of the evidence available and the appearance of a lack of diligence will cast doubt on the good faith of the investigative efforts, as well as drag out the ordeal for the members of the family (see Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 86, ECHR 2002-II).
• EGMR, 09.11.2006 - 7615/02

  IMAKAÏEVA c. RUSSIE

  Auszug aus EGMR, 04.12.2008 - 14800/04

  The Court observes that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, no. 7615/02, § 123, ECHR 2006-...).
• EGMR, 27.08.1992 - 12850/87

  TOMASI c. FRANCE

  Auszug aus EGMR, 04.12.2008 - 14800/04

  Thus, it has found that where an individual is taken into 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 an issue will arise under Article 3 of the Convention (see Tomasi v. France, 27 August 1992, §§ 108-111, Series A no. 241-A; Ribitsch v. Austria, 4 December 1995, § 34, Series A no. 336; and Selmouni v. France [GC], no. 25803/94, § 87, ECHR 1999-V).
• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 04.12.2008 - 14800/04

  In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, 27 September 1995, §§ 146-47, Series A no. 324, and Avsar v. Turkey, cited above, § 391).
• EGMR, 27.04.1988 - 9659/82

  BOYLE AND RICE v. THE UNITED KINGDOM

  Auszug aus EGMR, 04.12.2008 - 14800/04

  In view of the Court's above findings with regard to Article 2, this complaint is clearly "arguable" for the purposes of Article 13 (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A no. 131).
• EGMR, 04.12.1995 - 18896/91

  RIBITSCH c. AUTRICHE

  Auszug aus EGMR, 04.12.2008 - 14800/04

  Thus, it has found that where an individual is taken into 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 an issue will arise under Article 3 of the Convention (see Tomasi v. France, 27 August 1992, §§ 108-111, Series A no. 241-A; Ribitsch v. Austria, 4 December 1995, § 34, Series A no. 336; and Selmouni v. France [GC], no. 25803/94, § 87, ECHR 1999-V).

• EGMR, 18.12.2012 - 2944/06

  ASLAKHANOVA AND OTHERS v. RUSSIA

  In cases concerning armed conflicts, the Court has extended that obligation to situations where individuals were found injured or dead, or disappeared, in areas under the exclusive control of the authorities and there was prima facie evidence that State agents could be involved (see Akkum and Others v. Turkey, no. 21894/93, § 211, ECHR 2005-II (extracts); ToÄŸcu v. Turkey, no. 27601/95, § 95, 31 May 2005; Makhauri v. Russia, no. 58701/00, § 123, 4 October 2007; Gandaloyeva v. Russia, no. 14800/04, § 89, 4 December 2008; and Varnava, cited above, § 184).
• EGMR, 24.10.2013 - 7821/07

  DOVLETUKAYEV AND OTHERS v. RUSSIA

  In cases concerning armed conflicts, the Court has extended that obligation to situations where individuals were found injured or dead, or had disappeared, in areas under the exclusive control of the authorities and where there was prima facie evidence that State agents could be involved (see Akkum and Others v. Turkey, no. 21894/93, § 211, ECHR 2005-II; ToÄŸcu v. Turkey, no. 27601/95, § 95, 31 May 2005; Gandaloyeva v. Russia, no. 14800/04, § 89, 4 December 2008; and Varnava, cited above, § 184).
• EGMR, 07.10.2010 - 12773/03

  PANKOV v. BULGARIA

  In several cases concerning armed conflicts, the Court extended that obligation to situations where individuals were found injured or dead in areas under the exclusive control of the authorities and there was prima facie evidence that State agents could be involved (see Akkum and Others v. Turkey, no. 21894/93, § 211, ECHR 2005-II (extracts); Yasin Ates v. Turkey, no. 30949/96, § 94, 31 May 2005, concerning the situation in south-east Turkey in the 1990s; Goygova v. Russia, no. 74240/01, § 94, 4 October 2007; Makhauri v. Russia, no. 58701/00, § 123, 4 October 2007; Goncharuk, cited above, § 80; Zubayrayev v. Russia, no. 67797/01, § 73, 10 January 2008; and Gandaloyeva v. Russia, no. 14800/04, § 89, 4 December 2008, concerning the situation in Chechnya in 2000 and 2003; and Varnava and Others v. Turkey [GC], nos.