Rechtsprechung
| EGMR, 17.04.2012 - 61254/09 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
TURZYNSKI v. POLAND
Sonstiges
- Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)
[ENG]
Wird zitiert von ... (2) Neu Zitiert selbst (3)
- EGMR, 20.01.2009 - 28300/06
SLAWOMIR MUSIAL v. POLAND
Auszug aus EGMR, 17.04.2012 - 61254/09
The provisions pertaining to medical care in detention facilities and general conditions of detention, and the relevant domestic law and practice are set out in the Court's judgments in the cases of Kaprykowski v. Poland, no. 23052/05, §§ 36-39, 3 February 2009; Slawomir Musial v. Poland, no. 28300/06, §§ 48-61, 20 January 2009; and Orchowski v. Poland, no. 17885/04, §§ 74-85, 13 October 2009.However, this provision does require the State to ensure that prisoners are detained in conditions which are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject them to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, their health and well-being are adequately secured by, among other things, providing them with the requisite medical assistance (see Kudla v. Poland [GC], no. 30210/96, § 94, ECHR 2000-XI; Slawomir Musial v. Poland, no. 28300/06, § 86, 20 January 2009; and Kaprykowski v. Poland, no. 23052/05, § 69, 3 February 2009).
- EGMR, 26.10.2000 - 30210/96
Das Recht auf Verfahrensbeschleunigung gemäß Art. 6 Abs. 1 S. 1 EMRK in …
Auszug aus EGMR, 17.04.2012 - 61254/09
However, this provision does require the State to ensure that prisoners are detained in conditions which are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject them to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, their health and well-being are adequately secured by, among other things, providing them with the requisite medical assistance (see Kudla v. Poland [GC], no. 30210/96, § 94, ECHR 2000-XI; Slawomir Musial v. Poland, no. 28300/06, § 86, 20 January 2009; and Kaprykowski v. Poland, no. 23052/05, § 69, 3 February 2009). - EGMR, 28.03.2006 - 72286/01
MELNIK v. UKRAINE
Auszug aus EGMR, 17.04.2012 - 61254/09
There are three particular elements to be considered in relation to the compatibility of the applicant's health with his stay in detention: (a) the medical condition of the prisoner, (b) the adequacy of the medical assistance and care provided in detention and (c) the advisability of maintaining the detention measure in view of the state of health of the applicant (see Mouisel v. France, cited above, §§ 40-42; Melnik v. Ukraine, no. 72286/01, § 94, 28 March 2006).
- EGMR, 25.06.2013 - 6087/03
GRIMAILOVS v. LATVIA
The Court notes that neither parties" submissions suggest that the applicant while in Valmiera Prison suffered from any conditions, problems or ailments other than his physical disability, as a result of which he was confined to a wheelchair (compare and contrast with the above-cited cases of Mouisel and Farbtuhs, and also with Price v. the United Kingdom, no. 33394/96, § 25, ECHR 2001-VII; Kupczak v. Poland, no. 2627/09, § 60, 25 January 2011; Turzynski v. Poland (dec.), no. 61254/09, §§ 2 and 37, 17 April 2012; D.G. v. Poland, no. 45705/07, § 143, 12 February 2013; Todorov v. Bulgaria (dec.), no. 8321/11, § 64, 12 February 2013). - EGMR, 12.02.2013 - 8321/11
TODOROV v. BULGARIA
The Court further recalls that Article 3 of the Convention cannot be interpreted as laying down a general obligation to release a detainee on health grounds or to transfer him to a civil hospital, even if he is suffering from an illness that is particularly difficult to treat (see Mouisel v. France, no. 67263/01, § 40, ECHR 2002-IX, and Turzynski v. Poland (dec.), no. 61254/09, 17 April 2012).