|EGMR, 14.03.2013 - 28005/08|
- Europäischer Gerichtshof für Menschenrechte
SALAKHOV AND ISLYAMOVA v. UKRAINE
Art. 2, Art. 2 Abs. 1, Art. 3, Art. 34, Art. 35, Art. 41 MRK
Remainder inadmissible Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment Inhuman treatment) (Substantive aspect) Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect) Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition) Non-pecuniary damage - award (englisch)
- EGMR, 21.10.2013 - 55508/07
Massaker von KatynNevertheless, the Court has considered a separate finding of a violation of Article 3 to be justified in situations of confirmed death where the applicants were direct witnesses to the suffering of their family members (see Salakhov and Islyamova v. Ukraine, no. 28005/08, § 204, 14 March 2013, where the applicant witnessed the slow death of her son who was in detention, without being able to help him; Esmukhambetov and Others v. Russia, no. 23445/03, § 190, 29 March 2011, where a violation of Article 3 was found in respect of an applicant who had witnessed the killing of his entire family, but no violation was found in respect of other applicants who had only later found out about the killings; Khadzhialiyev and Others v. Russia, no. 3013/04, § 121, 6 November 2008, where the applicants were unable to bury the dismembered and decapitated bodies of their children in a proper manner; Musayev and Others v. Russia, nos.
- EGMR, 27.11.2014 - 51857/13
AMIROV v. RUSSIAIn so doing, the State has frustrated the purpose of the interim measure, which sought to enable the Court, on the basis of a relevant independent medical opinion, to effectively respond to and, if need be, prevent the possible continuous exposure of the applicant to physical and mental suffering in violation of the guarantees of Article 3 of the Convention (see Salakhov and Islyamova v. Ukraine, no. 28005/08, § 222, 14 March 2013.
- EGMR, 22.10.2015 - 40512/13
SERGEY ANTONOV v. UKRAINEThe Court notes that the issue of inadequate medical assistance for people with HIV in Ukrainian detention facilities has already been addressed by the Court in a number of cases (see Kats and Others v. Ukraine, no. 29971/04, 18 December 2008; Pokhlebin v. Ukraine, no. 35581/06, 20 May 2010; and Salakhov and Islyamova v. Ukraine, no. 28005/08, 14 March 2013).
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