Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  POKHLEBIN v. UKRAINE

  Art. 3 MRK
  Violation of Art. 3 (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (43)Neu Zitiert selbst (9)

• EGMR, 15.07.2002 - 47095/99

  Russland, Haftbedingungen, EMRK, Europäische Menschenrechtskonvention, …

  Auszug aus EGMR, 20.05.2010 - 35581/06

  The Court notes that on a number of occasions it has rejected similar objections by respondent governments as to non-exhaustion of domestic remedies in respect of complaints about conditions of detention, when it found that such complaints pointed to problems of a structural nature in the domestic penitentiary system in question (see, for example, Kalashnikov v. Russia (dec.), no. 47095/99, 18 September 2001, and Melnik, cited above, §§ 69-71; Koktysh v. Ukraine, no. 43707/07, § 86, 10 December 2009).

  In accordance with this provision the State must ensure that a person is detained in conditions which are compatible with respect for his human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately secured (see Kalashnikov v. Russia, no. 47095/99, § 95, ECHR 2002-VI).

• EGMR, 26.10.2000 - 30210/96

  Das Recht auf Verfahrensbeschleunigung gemäß Art. 6 Abs. 1 S. 1 EMRK in …

  Auszug aus EGMR, 20.05.2010 - 35581/06

  Nevertheless, the State must ensure that the health and well-being of detainees 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, and Hurtado v. Switzerland, 28 January 1994, Series A no. 280-A).
• EGMR, 19.04.2001 - 28524/95

  PEERS v. GREECE

  Auszug aus EGMR, 20.05.2010 - 35581/06

  Furthermore, in considering whether treatment is "degrading" within the meaning of Article 3, the Court will have regard to whether its object is to humiliate and debase the person concerned and whether, as far as the consequences are concerned, it has adversely affected his or her personality in a manner incompatible with Article 3. Even the absence of such a purpose cannot conclusively rule out a finding of a violation of this provision (see Peers v. Greece, no. 28524/95, §§ 67-68 and 74, ECHR 2001-III, and Valasinas v. Lithuania, no. 44558/98, § 101, ECHR 2001-VIII).

 
• EGMR, 24.07.2001 - 44558/98

  VALASINAS v. LITHUANIA

  Auszug aus EGMR, 20.05.2010 - 35581/06

  Furthermore, in considering whether treatment is "degrading" within the meaning of Article 3, the Court will have regard to whether its object is to humiliate and debase the person concerned and whether, as far as the consequences are concerned, it has adversely affected his or her personality in a manner incompatible with Article 3. Even the absence of such a purpose cannot conclusively rule out a finding of a violation of this provision (see Peers v. Greece, no. 28524/95, §§ 67-68 and 74, ECHR 2001-III, and Valasinas v. Lithuania, no. 44558/98, § 101, ECHR 2001-VIII).
• EGMR, 04.10.2005 - 3456/05

  SARBAN v. MOLDOVA

  Auszug aus EGMR, 20.05.2010 - 35581/06

  The authorities must also ensure that a comprehensive record is kept concerning the detainee's state of health and the treatment he underwent while in detention (see, for example, Khudobin v. Russia, no. 59696/00, § 83, ECHR 2006-XII (extracts)), that the diagnoses and care are prompt and accurate (see Hummatov, cited above, § 115, and Melnik, cited above, §§ 104-106), and that where necessitated by the nature of a medical condition, supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at curing the detainee's illness or preventing its aggravation, rather than addressing it on a symptomatic basis (see Hummatov, cited above, §§ 109, 114; Sarban v. Moldova, no. 3456/05, § 79, 4 October 2005; and Popov v. Russia, no. 26853/04, § 211, 13 July 2006).
• EGMR, 13.07.2006 - 26853/04

  POPOV v. RUSSIA

  Auszug aus EGMR, 20.05.2010 - 35581/06

  The authorities must also ensure that a comprehensive record is kept concerning the detainee's state of health and the treatment he underwent while in detention (see, for example, Khudobin v. Russia, no. 59696/00, § 83, ECHR 2006-XII (extracts)), that the diagnoses and care are prompt and accurate (see Hummatov, cited above, § 115, and Melnik, cited above, §§ 104-106), and that where necessitated by the nature of a medical condition, supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at curing the detainee's illness or preventing its aggravation, rather than addressing it on a symptomatic basis (see Hummatov, cited above, §§ 109, 114; Sarban v. Moldova, no. 3456/05, § 79, 4 October 2005; and Popov v. Russia, no. 26853/04, § 211, 13 July 2006).
• EGMR, 26.10.2006 - 59696/00

  KHUDOBIN v. RUSSIA

  Auszug aus EGMR, 20.05.2010 - 35581/06

  The authorities must also ensure that a comprehensive record is kept concerning the detainee's state of health and the treatment he underwent while in detention (see, for example, Khudobin v. Russia, no. 59696/00, § 83, ECHR 2006-XII (extracts)), that the diagnoses and care are prompt and accurate (see Hummatov, cited above, § 115, and Melnik, cited above, §§ 104-106), and that where necessitated by the nature of a medical condition, supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at curing the detainee's illness or preventing its aggravation, rather than addressing it on a symptomatic basis (see Hummatov, cited above, §§ 109, 114; Sarban v. Moldova, no. 3456/05, § 79, 4 October 2005; and Popov v. Russia, no. 26853/04, § 211, 13 July 2006).
• EGMR, 07.11.2006 - 30649/05

  HOLOMIOV v. MOLDOVA

  Auszug aus EGMR, 20.05.2010 - 35581/06

  The authorities must also show that the necessary conditions were created for the prescribed treatment to be actually followed through (see Hummatov, cited above, § 116, and Holomiov v. Moldova, no. 30649/05, § 117, 7 November 2006).
• EGMR, 28.01.1994 - 17549/90

  HURTADO c. SUISSE

  Auszug aus EGMR, 20.05.2010 - 35581/06

  Nevertheless, the State must ensure that the health and well-being of detainees 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, and Hurtado v. Switzerland, 28 January 1994, Series A no. 280-A).

• EGMR, 22.02.2024 - 41877/21

  SIMON v. UKRAINE

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 18.01.2024 - 5312/20

  RADCHENKO AND ABRAMOV v. UKRAINE

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 16.11.2023 - 29857/19

  SHCHURKO AND OTRYSHKO v. UKRAINE

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).

 
• EGMR, 28.07.2022 - 55025/17

  AKHPOLOV AND OTHERS v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 28.07.2022 - 2556/18

  PISAREV AND OTHERS v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 07.07.2022 - 69591/17

  YERUSLANOV v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 09.06.2022 - 17492/16

  NUSALOVA AND LYAPIN v. RUSSIA

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 13.01.2022 - 44274/13

  BORODAY AND OTHERS v. UKRAINE

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 16.02.2012 - 16984/04

  BELYAEV AND DIGTYAR v. UKRAINE

  These submissions are consistent with the similar numerous cases concerning conditions of detention in Ukrainian pre-trial detention facilities (see, for example, Nevmerzhitsky v. Ukraine, no. 54825/00, §§ 86-88, ECHR 2005-II (extracts); Dvoynykh v. Ukraine, no. 72277/01, §§ 64-69, 12 October 2006; Yakovenko v. Ukraine, no. 15825/06, §§ 84-89, 25 October 2007; Malenko, cited above, § 52; Koktysh, cited above, § 98-100; Visloguzov, cited above, §§ 58-61; Pokhlebin v. Ukraine, no. 35581/06, §§ 48-52, 20 May 2010; and Znaykin, cited above, §§ 49-53).
• EGMR, 06.07.2023 - 41832/16

  KOSKO v. UKRAINE

  It has clarified in this context that the authorities must ensure that diagnosis and care are prompt and accurate (see, for example, Gorbulya v. Russia, no. 31535/09, § 62, 6 March 2014, with further references, and Pokhlebin v. Ukraine, no. 35581/06, § 62, 20 May 2010, with further references) and that - where necessitated by the nature of a medical condition - supervision is regular and systematic and involves a comprehensive therapeutic strategy aimed at successfully treating the detainee's health problems or preventing their aggravation (see, inter alia, Ukhan v. Ukraine, no. 30628/02, § 74, 18 December 2008, with further references, and Kolesnikovich v. Russia, no. 44694/13, § 70, 22 March 2016, with further references).
• EGMR, 09.02.2023 - 50764/20

  PISOTSKYY v. UKRAINE
• EGMR, 13.10.2022 - 9361/18

  ANDRIYANOV v. RUSSIA
• EGMR, 13.10.2022 - 28714/18

  DANILOV AND OTHERS v. RUSSIA
• EGMR, 13.10.2022 - 15407/19

  KUDRYAVTSEV v. RUSSIA
• EGMR, 13.10.2022 - 2301/19

  MELESHCHENKO AND OTHERS v. RUSSIA
• EGMR, 13.10.2022 - 27314/20

  PONKRATENKO v. RUSSIA
• EGMR, 06.10.2022 - 46298/19

  SUSLOV v. UKRAINE
• EGMR, 29.09.2022 - 43993/19

  KRYUK v. UKRAINE
• EGMR, 07.07.2022 - 29389/19

  YEPIKHIN v. RUSSIA
• EGMR, 07.07.2022 - 79688/16

  CHERNOUSOV AND OTHERS v. RUSSIA
• EGMR, 23.06.2022 - 1993/17

  KOZIN v. RUSSIA
• EGMR, 24.02.2022 - 21848/20

  BAYLO v. UKRAINE
• EGMR, 28.10.2021 - 451/13

  PARKHOMENKO v. UKRAINE
• EGMR, 04.06.2020 - 25837/18

  GONCHARUK AND OTHERS v. UKRAINE
• EGMR, 04.06.2020 - 5276/13

  POVOROZNYY v. UKRAINE
• EGMR, 09.04.2020 - 65400/16

  ILCHENKO v. UKRAINE
• EGMR, 06.02.2020 - 49614/18

  GERASIN v. UKRAINE
• EGMR, 17.12.2019 - 19886/09

  KARDAVA v. UKRAINE
• EGMR, 11.07.2019 - 57240/14

  SERZHANTOV v. UKRAINE
• EGMR, 07.03.2019 - 54503/08

  KOROL AND OTHERS v. UKRAINE
• EGMR, 13.10.2022 - 69176/17

  TEPLOV v. RUSSIA
• EGMR, 13.10.2022 - 81595/17

  ROMANENKO AND SMIRNOV v. RUSSIA
• EGMR, 13.10.2022 - 49371/18

  KULACHINSKIY v. RUSSIA
• EGMR, 13.10.2022 - 19504/19

  GILEV AND OTHERS v. RUSSIA
• EGMR, 16.05.2019 - 41203/16

  LOGVINENKO v. UKRAINE
• EGMR, 28.07.2022 - 82816/17

  BANCHILA AND OTHERS v. RUSSIA
• EGMR, 13.01.2022 - 71325/16

  KALMYKOV v. RUSSIA
• EGMR, 25.02.2021 - 66139/16

  LADAN AND GULTYAYEV v. UKRAINE
• EGMR, 13.10.2022 - 62123/16

  POLITAYEV AND OTHERS v. RUSSIA
• EGMR, 13.10.2022 - 45095/19

  MIKHALEV AND SAVINOV v. RUSSIA
• EGMR, 11.02.2021 - 2806/18

  ZAYARNYUK v. UKRAINE
• EGMR, 22.10.2020 - 79912/13

  RAMISHVILI v. UKRAINE
• EGMR, 27.06.2019 - 17278/18

  SOLOPOVA v. UKRAINE