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• Europäischer Gerichtshof für Menschenrechte

  FREDRIKSEN AND OTHERS v. RUSSIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  FREDRIKSEN v. RUSSIA and 7 other applications

  Art. 1, Art. 1, Art. 5 Abs. 1, Art. 13 MRK
  [ENG]

Wird zitiert von ... (0)Neu Zitiert selbst (12)

• EGMR - 8607/09 (anhängig)

  DZHANTEMIROV AND OTHERS v. RUSSIA and 3 other applications

  Auszug aus EGMR, 11.01.2022 - 15476/08

  Dzhantemirov and Others v. Russia (no. 8607/09) 19. The applicants are Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev.

  The Court observes that no injuries were recorded for Mr Dzhantemirov and the other applicants in no. 8607/09 (see paragraph 26 above).

  Even more so in the case of Mr Dzhantemirov and the other applicants in no. 8607/09, where they had not been examined by a doctor for at least three months following their arrests (see paragraph 26 above) and the Government failed to provide the applicants' any medical documents from the temporary detention facility in the ORB-2 to order to call into question the applicants' statements.

  ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION 90. Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09) complained that they had been held in unrecorded detention following their arrests in breach of Article 5 § 1 of the Convention, the relevant part of which reads as follows:.

  There has accordingly been a violation of Article 5 § 1 of the Convention in respect of Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09).

  ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION 95. Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09), Mr Razhayev (no. 21531/09) and Mr Gairbekov (no. 19278/10) complained that their convictions had been based on their confession statements obtained as a result of their ill-treatment, which had rendered their respective trials unfair.

  Accordingly, there has been a violation of Article 6 § 1 of the Convention in respect of Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09), Mr Razhayev (no. 21531/09) and Mr Gairbekov (no. 19278/10).

  Decides to join the applications; Dismisses the Government's objection concerning exhaustion of domestic remedies in respect of Mr Fredriksen's complaint (no. 15476/08) under Articles 3 and 13 of the Convention; Holds that there has been a violation of Article 3 of the Convention under its substantive and procedural limbs in that the applicants were subjected to torture in custody, and that no effective investigation into their complaints was carried out by the authorities; Holds that that there has been a violation of Article 5 § 1 of the Convention in respect of Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09); Holds that there has been a violation of Article 6 § 1 of the Convention in respect of Mr Dzhantemirov, Mr Matsiyev, Mr Salavatov and Mr Khabibulayev (no. 8607/09), Mr Razhayev (no. 21531/09) and Mr Gairbekov (no. 19278/10); Holds that there is no need to examine the complaint under Article 13 of the Convention; Holds (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, plus any tax that may be chargeable to them, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;.

  8607/09.

• EGMR, 14.03.2017 - 22495/08

  MUKAYEV v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  For the CPT Public statements concerning the Chechen Republic of the Russian Federation of 13 March 2007 and 24 January 2013, also mentioning the ORB-2 in Grozny, see Mukayev v. Russia, no. 22495/08, §§ 60-61, 14 March 2017.

  The Court has previously examined similar complaints of ill-treatment occurring on the premises of the ORB-2 in 2002, 2003 and 2006, and found violations of Article 3 of the Convention on account of torture (see Tangiyev, cited above, § 63; Mukayev v. Russia, no. 22495/08, § 77, 14 March 2017; Abdulkadyrov and Dakhtayev v. Russia, no. 35061/04, § 71, 10 July 2018; and Orazbayev and Others [Committee], no. 15367/07 and 3 others, 13 July 2021).

• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 11.01.2022 - 15476/08

  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, 02.05.2017 - 10825/09

  OLISOV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  The Court holds that the Government have failed to discharge their burden of proof and produce evidence capable of casting doubt on the applicants' account of events, which it therefore finds established (see Olisov and Others v. Russia, nos. 10825/09 and 2 others, § 85, 2 May 2017).
• EGMR, 09.10.2018 - 49869/06

  GOLUBYATNIKOV AND ZHUCHKOV v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  The Court finds that the applicants' unrecorded detention was a complete negation of the fundamentally important guarantees contained in Article 5 of the Convention (see Golubyatnikov and Zhuchkov, nos. 44822/06 and 49869/06, § 83, 9 October 2018, with further references).
• EGMR, 26.11.2019 - 2991/06

  BELUGIN v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  The Court concludes that the domestic courts failed to carry out an independent and comprehensive review of the applicants' credible allegations that their self-incriminating statements had been the result of police violence (see Belugin v. Russia, no. 2991/06, § 81, 26 November 2019), and that the use of the applicants' confessions obtained as a result of torture, regardless of their impact on the outcome of the criminal proceedings, rendered the applicants' trials unfair.
• EGMR, 11.12.2012 - 27610/05

  TANGIYEV v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  The Court finds that in such circumstances the applicant made the domestic authorities sufficiently aware of his grievances as the prosecution inquiry into his alleged ill-treatment was ordered and examined by the first instance court and eventually accepted by the appeal court in its final decision of 13 September 2007 (see, in a similar context, Tangiyev v. Russia, no. 27610/05, § 39, 11 December 2012).
• EGMR, 14.11.2013 - 13642/06

  RYABTSEV v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  For the relevant domestic law on the prohibition of torture and other forms of ill-treatment, procedure for examining a criminal complaint and the rights of suspects, see Ryabtsev v. Russia (no. 13642/06, §§ 48-52, 14 November 2013); Lyapin v. Russia (no. 46956/09, §§ 96-102, 24 July 2014); and Turbylev v. Russia (no. 4722/09, §§ 46-49, 6 October 2015).
• EGMR, 13.07.2021 - 15367/07

  ORAZBAYEV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  The Court has previously examined similar complaints of ill-treatment occurring on the premises of the ORB-2 in 2002, 2003 and 2006, and found violations of Article 3 of the Convention on account of torture (see Tangiyev, cited above, § 63; Mukayev v. Russia, no. 22495/08, § 77, 14 March 2017; Abdulkadyrov and Dakhtayev v. Russia, no. 35061/04, § 71, 10 July 2018; and Orazbayev and Others [Committee], no. 15367/07 and 3 others, 13 July 2021).
• EGMR, 06.10.2015 - 4722/09

  TURBYLEV v. RUSSIA

  Auszug aus EGMR, 11.01.2022 - 15476/08

  For the relevant domestic law on the prohibition of torture and other forms of ill-treatment, procedure for examining a criminal complaint and the rights of suspects, see Ryabtsev v. Russia (no. 13642/06, §§ 48-52, 14 November 2013); Lyapin v. Russia (no. 46956/09, §§ 96-102, 24 July 2014); and Turbylev v. Russia (no. 4722/09, §§ 46-49, 6 October 2015).
• EGMR, 24.07.2014 - 46956/09

  LYAPIN v. RUSSIA
• EGMR, 10.07.2018 - 35061/04

  ABDULKADYROV AND DAKHTAYEV v. RUSSIA