Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  MAMMADOV v. AZERBAIJAN

  Art. 2, Art. 3, Art. 5, Art. 6, Art. 13, Art. 35, Protokoll Nr. 1 Art. 1 MRK
  Inadmissible (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (0)Neu Zitiert selbst (7)

• EGMR, 11.01.2007 - 34445/04

  MAMMADOV (JALALOGLU) v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  The Government also pointed out, relying on the case of Mammadov v. Azerbaijan (no. 34445/04, 11 January 2007), that under the Azerbaijani law the civil and administrative avenues were available to the applicant in respect of his complaints concerning the conditions of detention and alleged inadequate medical assistance.

  In this connection, the Court notes that it already found in numerous cases against Azerbaijan that lodging a criminal complaint with the police or the prosecution authorities about the alleged ill-treatment or the unlawful use of force by the law-enforcement authorities constituted an effective remedy to be exhausted before lodging a complaint with the Court (see Mammadov v. Azerbaijan, no. 34445/04, §§ 23-27, 11 January 2007; Rizvanov v. Azerbaijan, no. 31805/06, §§ 16-20, 17 April 2012; and Najafli v. Azerbaijan, no. 2594/07, §§ 18-21, 2 October 2012).

• EGMR, 14.03.2013 - 16133/08

  INSANOV v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  It also found that under the Azerbaijani law institution of civil or administrative proceedings before the domestic courts constituted an effective remedy in respect of the complaints concerning the alleged lack of medical assistance or the conditions of detention (see Insanov v. Azerbaijan, no. 16133/08, §§ 86-98, 14 March 2013, and Rzakhanov v. Azerbaijan, no. 4242/07, §§ 26-34, 4 July 2013).
• EGMR, 02.10.2012 - 2594/07

  NAJAFLI v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  In this connection, the Court notes that it already found in numerous cases against Azerbaijan that lodging a criminal complaint with the police or the prosecution authorities about the alleged ill-treatment or the unlawful use of force by the law-enforcement authorities constituted an effective remedy to be exhausted before lodging a complaint with the Court (see Mammadov v. Azerbaijan, no. 34445/04, §§ 23-27, 11 January 2007; Rizvanov v. Azerbaijan, no. 31805/06, §§ 16-20, 17 April 2012; and Najafli v. Azerbaijan, no. 2594/07, §§ 18-21, 2 October 2012).

 
• EGMR, 04.07.2013 - 4242/07

  RZAKHANOV v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  It also found that under the Azerbaijani law institution of civil or administrative proceedings before the domestic courts constituted an effective remedy in respect of the complaints concerning the alleged lack of medical assistance or the conditions of detention (see Insanov v. Azerbaijan, no. 16133/08, §§ 86-98, 14 March 2013, and Rzakhanov v. Azerbaijan, no. 4242/07, §§ 26-34, 4 July 2013).
• EGMR, 17.04.2012 - 31805/06

  RIZVANOV v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  In this connection, the Court notes that it already found in numerous cases against Azerbaijan that lodging a criminal complaint with the police or the prosecution authorities about the alleged ill-treatment or the unlawful use of force by the law-enforcement authorities constituted an effective remedy to be exhausted before lodging a complaint with the Court (see Mammadov v. Azerbaijan, no. 34445/04, §§ 23-27, 11 January 2007; Rizvanov v. Azerbaijan, no. 31805/06, §§ 16-20, 17 April 2012; and Najafli v. Azerbaijan, no. 2594/07, §§ 18-21, 2 October 2012).
• EGMR, 02.04.2009 - 22684/05

  MURADOVA v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  Once this burden of proof has been satisfied, it falls to the applicant to establish that the remedy advanced by the Government was in fact exhausted, or was for some reason inadequate and ineffective in the particular circumstances of the case, or that there existed special circumstances absolving him or her from this requirement (see Akdivar and Others, cited above, § 68, and Muradova v. Azerbaijan, no. 22684/05, § 84, 2 April 2009).
• EGMR, 12.11.2013 - 55650/07

  AHMADOV v. AZERBAIJAN

  Auszug aus EGMR, 13.05.2014 - 46903/07

  In any event, the Court reiterates that where an applicant fails to exhaust relevant and available domestic remedies in respect of a complaint of ill-treatment, but instead raises such a complaint subsequently during his trial before a trial court which does not take cognisance of the merits of the applicant's complaint, the applicant cannot be considered to have exhausted domestic remedies (see Abbas Ahmadov v. Azerbaijan (dec.), no. 55650/07, §§ 45-46, 12 November 2013).