Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  SHALYA v. RUSSIA

  Art. 5, Art. 5 Abs. 3 MRK
  Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  Shalya v. Russia

Wird zitiert von ... (4)Neu Zitiert selbst (3)

• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 13.11.2014 - 27335/13

  While it is true that the length of the applicant's detention pending trial can be taken into account in calculating the amount of reparation, there would be no acknowledgment in these proceedings, either express or implied, that it had been excessive or in breach of Article 5 § 3. Thus, despite the payment of a sum as reparation for the time he spent in detention pending trial, the applicant would still be a "victim" within the meaning of Article 34 of the Convention of a violation of Article 5 § 3 (see Labita v. Italy [GC], no. 26772/95, §§ 143-144, ECHR 2000-IV).
• EGMR, 27.08.1992 - 12850/87

  TOMASI c. FRANCE

  Auszug aus EGMR, 13.11.2014 - 27335/13

  The award of compensation is subject to fulfilment of specific conditions not required under Article 5 § 3, namely the applicant's acquittal or discontinuation of the proceedings (see Tomasi v. France, 27 August 1992, § 79, Series A no. 241-A).
• EGMR, 22.05.2001 - 33592/96

  BAUMANN v. FRANCE

  Auszug aus EGMR, 13.11.2014 - 27335/13

  The Court further reiterates that the issue whether domestic remedies have been exhausted is normally determined by reference to the date when the application was lodged with the Court (see Baumann v. France, no. 33592/96, § 47, ECHR 2001-V (extracts)).

• EGMR, 15.03.2016 - 31039/11

  NOVRUK AND OTHERS v. RUSSIA

  It is however observed that the issue of whether domestic remedies have been exhausted is normally determined by reference to the date on which the application was lodged with the Court (see Shalya v. Russia, no. 27335/13, § 16, 13 November 2014, and Baumann v. France, no. 33592/96, § 47, ECHR 2001-V (extracts)).
• EGMR, 29.03.2016 - 16899/13

  KOCHEROV AND SERGEYEVA v. RUSSIA

  It is however observed that the issue of whether domestic remedies have been exhausted is normally determined by reference to the date on which the application was lodged with the Court (see Shalya v. Russia, no. 27335/13, § 16, 13 November 2014, and Baumann v. France, no. 33592/96, § 47, ECHR 2001-V (extracts)).
• EGMR, 07.02.2017 - 54700/12

  MKHCHYAN v. RUSSIA

  It is observed, however, that the issue of whether domestic remedies have been exhausted is normally determined by reference to the date on which the application was lodged with the Court (see Shalya v. Russia, no. 27335/13, § 16, 13 November 2014, and Baumann v. France, no. 33592/96, § 47, ECHR 2001-V (extracts)).
• EGMR, 20.09.2016 - 44432/06

  KRUK v. RUSSIA

  Whereas the Court has consistently held that an award of compensation in the "rehabilitation" proceedings cannot deprive the applicant of his status as a "victim" of violations of Article 5 of the Convention (see Pushchelenko and Others v. Russia, no. 45392/11 et al., § 27, 12 March 2015, and Shalya v. Russia, no. 27335/13, § 9, 13 November 2014), it dispensed with ruling whether or not that procedure constituted an effective remedy for a grievance under Article 6 § 1 about an excessive length of criminal proceedings (see Zementova v. Russia, no. 942/02, § 61, 27 September 2007).