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• Europäischer Gerichtshof für Menschenrechte

  HOVHANNISYAN v. ARMENIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Non-pecuniary damage - award (Article 41 - ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  HOVHANNISYAN v. ARMENIA

  Art. 3 MRK
  [ENG]

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

• EGMR, 15.10.2013 - 34529/10

  GUTSANOVI c. BULGARIE

  Auszug aus EGMR, 19.07.2018 - 18419/13

  Treatment has been held by the Court to be "degrading ‒ and thus to fall within the scope of the prohibition set out in Article 3 of the Convention ‒ if it causes in its victim feelings of fear, anguish and inferiority (see, for example, Ireland v. the United Kingdom, 18 January 1978, § 167, Series A no. 25, and Stanev v. Bulgaria [GC], no. 36760/06, § 203, ECHR 2012), if it humiliates or debases an individual (humiliation in the victim's own eyes, see Raninen v. Finland, 16 December 1997, § 32, Reports of Judgments and Decisions 1997-VIII, and/or in other people's eyes, see Gutsanovi v. Bulgaria, no. 34529/10, § 136, ECHR 2013 (extracts)), whether or not that was the aim (see Labita v. Italy [GC], no. 26772/95, § 120, ECHR 2000-IV), if it breaks the person's physical or moral resistance or drives him or her to act against his or her will or conscience (see Jalloh v. Germany [GC], no. 54810/00, § 68, ECHR 2006-IX), or if it shows a lack of respect for, or diminishes, human dignity (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 118 and 138, 17 July 2014).
• EGMR - 43441/08 (anhängig)

  [ENG]

  Auszug aus EGMR, 19.07.2018 - 18419/13

  Treatment has been held by the Court to be "degrading ‒ and thus to fall within the scope of the prohibition set out in Article 3 of the Convention ‒ if it causes in its victim feelings of fear, anguish and inferiority (see, for example, Ireland v. the United Kingdom, 18 January 1978, § 167, Series A no. 25, and Stanev v. Bulgaria [GC], no. 36760/06, § 203, ECHR 2012), if it humiliates or debases an individual (humiliation in the victim's own eyes, see Raninen v. Finland, 16 December 1997, § 32, Reports of Judgments and Decisions 1997-VIII, and/or in other people's eyes, see Gutsanovi v. Bulgaria, no. 34529/10, § 136, ECHR 2013 (extracts)), whether or not that was the aim (see Labita v. Italy [GC], no. 26772/95, § 120, ECHR 2000-IV), if it breaks the person's physical or moral resistance or drives him or her to act against his or her will or conscience (see Jalloh v. Germany [GC], no. 54810/00, § 68, ECHR 2006-IX), or if it shows a lack of respect for, or diminishes, human dignity (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08, §§ 118 and 138, 17 July 2014).
• EGMR, 03.10.2017 - 23022/13

  D.M.D. v. ROMANIA

  Auszug aus EGMR, 19.07.2018 - 18419/13

  The Court reiterates at the outset that ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum is relative: it depends on all the circumstances of the case, such as the nature and context of the treatment, its duration, its physical and mental effects and, in some instances, the sex, age and state of health of the victim (see, for example, Bouyid v. Belgium [GC], no. 23380/09, § 86, ECHR 2015; M. and M. v. Croatia, no. 10161/13, § 131, 3 September 2015); and D.M.D. v. Romania, no. 23022/13, § 40, 3 October 2017.
• EGMR, 30.03.2016 - 5878/08

  ARMANI DA SILVA c. ROYAUME-UNI

  Auszug aus EGMR, 19.07.2018 - 18419/13

  This means that it must be capable of leading to the establishment of the facts and to a determination of whether the force used was or was not justified in the circumstances and of identifying and - if appropriate - punishing those responsible (see, inter alia, Giuliani and Gaggio v. Italy [GC], no. 23458/02, § 301, ECHR 2011 (extracts); Mustafa Tunç and Fecire Tunç, cited above, § 172; Jeronovics, cited above, § 107; and Armani Da Silva v. the United Kingdom [GC], no. 5878/08, § 233, ECHR 2016).

• EGMR, 20.02.2024 - 53040/19

  ILJAZ v. NORTH MACEDONIA

  He has thus made an arguable claim that he was a victim of ill-treatment attaining the minimum level of severity under Article 3 (compare Hovhannisyan v. Armenia, no. 18419/13, § 54, 19 July 2018, in which numerous bruises on the applicant's hands, alongside serious humiliation, attained the threshold of severity under Article 3, or Pulfer v. Albania, no. 31959/13, § 75, 20 November 2018, where strangulation marks around the applicant's neck, haematomata on the head, and feelings of insecurity, anguish and stress sufficed to attract the application of Article 3).
• EGMR, 08.12.2020 - 25397/09

  D. v. THE REPUBLIC OF MOLDOVA

  As with an investigation under Article 2, such an investigation should be capable of leading to the identification and - if appropriate - punishment of those responsible (see Hovhannisyan v. Armenia, no. 18419/13, § 51, 19 July 2018).
• EGMR, 26.05.2020 - 45422/13

  I.E. v. THE REPUBLIC OF MOLDOVA

  For the investigation to be regarded as "effective", it should in principle be capable of leading to the establishment of the facts of the case in question and to the identification and - if appropriate - punishment of those responsible (see Hovhannisyan v. Armenia, no. 18419/13, § 51, 19 July 2018).