Rechtsprechung
   EGMR, 21.06.2016 - 15256/05   

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https://dejure.org/2016,15421
EGMR, 21.06.2016 - 15256/05 (https://dejure.org/2016,15421)
EGMR, Entscheidung vom 21.06.2016 - 15256/05 (https://dejure.org/2016,15421)
EGMR, Entscheidung vom 21. Juni 2016 - 15256/05 (https://dejure.org/2016,15421)
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  • Europäischer Gerichtshof für Menschenrechte

    TCHANKOTADZE v. GEORGIA

    Remainder inadmissible (Article 35-1 - Six month period;Article 35-3 - Manifestly ill-founded);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal ...

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Wird zitiert von ... (0)Neu Zitiert selbst (33)

  • EGMR, 19.05.2004 - 70276/01

    Recht auf Freiheit und Sicherheit (hinreichender Verdacht nach Art. 5 Abs. 1 lit.

    Auszug aus EGMR, 21.06.2016 - 15256/05
    It can only be applied in conjunction with other Articles (see Gusinskiy v. Russia, no. 70276/01, § 75, ECHR 2004-IV).

    Article 18 can be applied together with another Article even if there has been no violation of the main Article (see Gusinskiy v. Russia, no. 70276/01, § 73, ECHR 2004-IV).

    Thus, in Gusinskiy v. Russia (no. 70276/01, §§ 73-78, ECHR 2004-... (extracts)), the Court accepted that the applicant's liberty was restricted, inter alia, for a purpose other than those mentioned in Article 5. The Court in that case based its findings on an agreement signed between the detainee and a federal minister of the press.

    [7] Gusinskiy v. Russia, no. 70276/01, ECHR 2004-IV.

  • EGMR, 03.07.2012 - 6492/11

    Luzenko ./. Ukraine

    Auszug aus EGMR, 21.06.2016 - 15256/05
    As a consequence, the Court has only been satisfied in a few cases that such a standard was met, such as Gusinskiy v. Russia (cited above, §§ 73-78); Cebotari v. Moldova (no. 35615/06, §§ 46 et seq., 13 November 2007); or Lutsenko v. Ukraine, (no. 6492/11, § 108, 3 July 2012).

    These cases were (in chronological order): Gusinskiy (cited above); Cebotari v. Moldova (no. 35615/06, 13 November 2007); Tymoshenko v. Ukraine (no. 49872/11, 30 April 2013); Lutsenko v. Ukraine (no. 6492/11, 3 July 2012); Ilgar Mammadov v. Azerbaijan (no. 15172/13, 22 May 2014); and Rasul Jafarov v. Azerbaijan (no. 69981/14, 17 March 2016).

    [8] Lutsenko v. Ukraine, no. 6492/11, 3 July 2012.

  • EGMR, 05.01.2016 - 74568/12

    Russland verurteilt: 25.000 Euro wegen Festnahme nach Demo

    Auszug aus EGMR, 21.06.2016 - 15256/05
    This reasoning was repeated, word by word, in the very recent case of Frumkin v. Russia (no. 74568/12, §§ 172-173, 5 January 2016).

    46632/13 and 28671/14, § 117, 23 February 2016, and Frumkin v. Russia, no. 74568/12, § 173, ECHR 2016.

  • EGMR, 23.02.2016 - 46632/13

    Alexei Anatoljewitsch Nawalny

    Auszug aus EGMR, 21.06.2016 - 15256/05
    In the recent case of Navalnyy and Ofitserov v. Russia (nos. 46632/13 and 28671/14, 23 February 2016) the Court found a violation of Article 6 § 1. At the time of writing this opinion, that judgment is not yet in force, pending the examination of a request for referral to the Grand Chamber.

    46632/13 and 28671/14, § 117, 23 February 2016, and Frumkin v. Russia, no. 74568/12, § 173, ECHR 2016.

  • EGMR, 29.07.2004 - 35875/97

    SIRIN YILMAZ v. TURKEY

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Here are the judgments (in chronological order) in which this pattern has been employed: Selçuk and Asker v. Turkey (24 April 1998, Reports 1998-II) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Kurt v. Turkey (25 May 1998, Reports 1998-III) - violations of Articles 3, 5 and 13, as well as a finding "that the respondent State has failed to comply with its obligations under [former] Article 25 § 1" (as it was worded at that time); Tekin v. Turkey (9 June 1998, Reports 1998-IV) - violations of Articles 3 and 13; Ergi v. Turkey (28 July 1998, Reports 1998-IV) - violations of Articles 2 and 13 and (former) Article 25 § 1 (as it was worded at that time); Sener v. Turkey (no. 26680/95, 18 July 2000) - violations of Article 6 § 1 and Article 10; Tanli v. Turkey (no. 26129/95, ECHR 2001-III) - violations of Articles 2 (both substantive and procedural) and 13; Tepe v. Turkey (no. 27244/95, 9 May 2003) - violations of Articles 2 (procedural) and 13; Yöyler v. Turkey (no. 26973/95, 24 July 2003) - violation of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Tekdag v. Turkey (no. 27699/95, 15 January 2004) - violations of Article 2 (procedural) and 13, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Ipek v. Turkey (no. 25760/94, ECHR 2004-II) - violations of Articles 2 (both substantive and procedural), 3, 5 and 13 (the latter in conjunction with Articles 2, 3 and 5) of the Convention and of Article 1 of Protocol No. 1, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Altun v. Turkey (no. 24561/94, 1 June 2004) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Sirin Yilmaz v. Turkey (no. 35875/97, 29 July 2004) - violations of Article 2 (procedural) and 13; Abdülsamet Yaman v. Turkey (no. 32446/96, 2 November 2004) - violations of Article 3, Article 5 §§ 3, 4 and 5 and Article 13; Dicle v. Turkey (no. 34685/97, 10 November 2004) - violations of Article 10 and Article 6 § 1; Mentese and Others v. Turkey (no. 36217/97, 18 January 2005) - violations of Articles 2 (procedural) and 13; Agtas and Others v. Turkey (no. 33240/96, 2 February 2006) - a violation of Article 13; Artun and Others v. Turkey (no. 33239/96, 2 February 2006) - a violation of Article 13; Keser and Others v. Turkey (nos. 33238/96 and 32965/96, 2 February 2006) - a violation of Article 13; Kumru Yilmaz and Others v. Turkey (no. 36211/97, 2 February 2006) - a violation of Article 13; Nesibe Haran v. Turkey (no. 28299/95, 2 February 2006) - a violation of Article 2 (procedural); Öztoprak and Others v. Turkey (no. 33247/96, 2 February 2006) - a violation of Article 13; Sayli v. Turkey (no. 33243/96, 2 February 2006) - a violation of Article 13; Aksakal v. Turkey (no. 37850/97, §§ 43-44, 15 February 2007) - a violation of Article 13; Khodorkovskiy (cited above) - violations of Article 3 and Article 5 §§ 1, 3 and 4; OAO Neftyanaya Kompaniya Yukos (cited above) - violations of Articles 6 §§ 1 and 3 (b) and of Article 1 of Protocol No. 1; and Khodorkovskiy and Lebedev (cited above) - violations of Article 3, Article 5 §§ 3 and 4, Article 6 § 1 (in conjunction with Article 6 § 3 (c) and (d)) and Article 8 and of Article 1 of Protocol No. 1, as well as a finding that the authorities had failed "to respect their obligation under Article 34 of the Convention".
  • EGMR, 15.01.2004 - 27699/95

    TEKDAG v. TURKEY

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Here are the judgments (in chronological order) in which this pattern has been employed: Selçuk and Asker v. Turkey (24 April 1998, Reports 1998-II) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Kurt v. Turkey (25 May 1998, Reports 1998-III) - violations of Articles 3, 5 and 13, as well as a finding "that the respondent State has failed to comply with its obligations under [former] Article 25 § 1" (as it was worded at that time); Tekin v. Turkey (9 June 1998, Reports 1998-IV) - violations of Articles 3 and 13; Ergi v. Turkey (28 July 1998, Reports 1998-IV) - violations of Articles 2 and 13 and (former) Article 25 § 1 (as it was worded at that time); Sener v. Turkey (no. 26680/95, 18 July 2000) - violations of Article 6 § 1 and Article 10; Tanli v. Turkey (no. 26129/95, ECHR 2001-III) - violations of Articles 2 (both substantive and procedural) and 13; Tepe v. Turkey (no. 27244/95, 9 May 2003) - violations of Articles 2 (procedural) and 13; Yöyler v. Turkey (no. 26973/95, 24 July 2003) - violation of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Tekdag v. Turkey (no. 27699/95, 15 January 2004) - violations of Article 2 (procedural) and 13, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Ipek v. Turkey (no. 25760/94, ECHR 2004-II) - violations of Articles 2 (both substantive and procedural), 3, 5 and 13 (the latter in conjunction with Articles 2, 3 and 5) of the Convention and of Article 1 of Protocol No. 1, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Altun v. Turkey (no. 24561/94, 1 June 2004) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Sirin Yilmaz v. Turkey (no. 35875/97, 29 July 2004) - violations of Article 2 (procedural) and 13; Abdülsamet Yaman v. Turkey (no. 32446/96, 2 November 2004) - violations of Article 3, Article 5 §§ 3, 4 and 5 and Article 13; Dicle v. Turkey (no. 34685/97, 10 November 2004) - violations of Article 10 and Article 6 § 1; Mentese and Others v. Turkey (no. 36217/97, 18 January 2005) - violations of Articles 2 (procedural) and 13; Agtas and Others v. Turkey (no. 33240/96, 2 February 2006) - a violation of Article 13; Artun and Others v. Turkey (no. 33239/96, 2 February 2006) - a violation of Article 13; Keser and Others v. Turkey (nos. 33238/96 and 32965/96, 2 February 2006) - a violation of Article 13; Kumru Yilmaz and Others v. Turkey (no. 36211/97, 2 February 2006) - a violation of Article 13; Nesibe Haran v. Turkey (no. 28299/95, 2 February 2006) - a violation of Article 2 (procedural); Öztoprak and Others v. Turkey (no. 33247/96, 2 February 2006) - a violation of Article 13; Sayli v. Turkey (no. 33243/96, 2 February 2006) - a violation of Article 13; Aksakal v. Turkey (no. 37850/97, §§ 43-44, 15 February 2007) - a violation of Article 13; Khodorkovskiy (cited above) - violations of Article 3 and Article 5 §§ 1, 3 and 4; OAO Neftyanaya Kompaniya Yukos (cited above) - violations of Articles 6 §§ 1 and 3 (b) and of Article 1 of Protocol No. 1; and Khodorkovskiy and Lebedev (cited above) - violations of Article 3, Article 5 §§ 3 and 4, Article 6 § 1 (in conjunction with Article 6 § 3 (c) and (d)) and Article 8 and of Article 1 of Protocol No. 1, as well as a finding that the authorities had failed "to respect their obligation under Article 34 of the Convention".
  • EGMR, 08.04.2004 - 71503/01

    ASSANIDZE v. GEORGIA

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Furthermore, the Court is not bound by domestic legal fee scales and practices and is thus free not to endorse domestic lawyers" hourly rates which appear to be excessive (see Assanidze v. Georgia [GC], no. 71503/01, § 206, ECHR 2004-II).
  • EGMR, 02.02.2006 - 33243/96

    SAYLI v. TURKEY

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Here are the judgments (in chronological order) in which this pattern has been employed: Selçuk and Asker v. Turkey (24 April 1998, Reports 1998-II) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Kurt v. Turkey (25 May 1998, Reports 1998-III) - violations of Articles 3, 5 and 13, as well as a finding "that the respondent State has failed to comply with its obligations under [former] Article 25 § 1" (as it was worded at that time); Tekin v. Turkey (9 June 1998, Reports 1998-IV) - violations of Articles 3 and 13; Ergi v. Turkey (28 July 1998, Reports 1998-IV) - violations of Articles 2 and 13 and (former) Article 25 § 1 (as it was worded at that time); Sener v. Turkey (no. 26680/95, 18 July 2000) - violations of Article 6 § 1 and Article 10; Tanli v. Turkey (no. 26129/95, ECHR 2001-III) - violations of Articles 2 (both substantive and procedural) and 13; Tepe v. Turkey (no. 27244/95, 9 May 2003) - violations of Articles 2 (procedural) and 13; Yöyler v. Turkey (no. 26973/95, 24 July 2003) - violation of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Tekdag v. Turkey (no. 27699/95, 15 January 2004) - violations of Article 2 (procedural) and 13, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Ipek v. Turkey (no. 25760/94, ECHR 2004-II) - violations of Articles 2 (both substantive and procedural), 3, 5 and 13 (the latter in conjunction with Articles 2, 3 and 5) of the Convention and of Article 1 of Protocol No. 1, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Altun v. Turkey (no. 24561/94, 1 June 2004) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Sirin Yilmaz v. Turkey (no. 35875/97, 29 July 2004) - violations of Article 2 (procedural) and 13; Abdülsamet Yaman v. Turkey (no. 32446/96, 2 November 2004) - violations of Article 3, Article 5 §§ 3, 4 and 5 and Article 13; Dicle v. Turkey (no. 34685/97, 10 November 2004) - violations of Article 10 and Article 6 § 1; Mentese and Others v. Turkey (no. 36217/97, 18 January 2005) - violations of Articles 2 (procedural) and 13; Agtas and Others v. Turkey (no. 33240/96, 2 February 2006) - a violation of Article 13; Artun and Others v. Turkey (no. 33239/96, 2 February 2006) - a violation of Article 13; Keser and Others v. Turkey (nos. 33238/96 and 32965/96, 2 February 2006) - a violation of Article 13; Kumru Yilmaz and Others v. Turkey (no. 36211/97, 2 February 2006) - a violation of Article 13; Nesibe Haran v. Turkey (no. 28299/95, 2 February 2006) - a violation of Article 2 (procedural); Öztoprak and Others v. Turkey (no. 33247/96, 2 February 2006) - a violation of Article 13; Sayli v. Turkey (no. 33243/96, 2 February 2006) - a violation of Article 13; Aksakal v. Turkey (no. 37850/97, §§ 43-44, 15 February 2007) - a violation of Article 13; Khodorkovskiy (cited above) - violations of Article 3 and Article 5 §§ 1, 3 and 4; OAO Neftyanaya Kompaniya Yukos (cited above) - violations of Articles 6 §§ 1 and 3 (b) and of Article 1 of Protocol No. 1; and Khodorkovskiy and Lebedev (cited above) - violations of Article 3, Article 5 §§ 3 and 4, Article 6 § 1 (in conjunction with Article 6 § 3 (c) and (d)) and Article 8 and of Article 1 of Protocol No. 1, as well as a finding that the authorities had failed "to respect their obligation under Article 34 of the Convention".
  • EGMR, 04.05.2016 - 18768/05

    SAGHINADZE AND OTHERS AGAINST GEORGIA

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Out of those three court decisions, the first two - the decisions of 19 and 25 March 2004 - constituted two instances of the same habeas corpus procedure bearing on the initial period of the applicant's pre-trial detention, with the latter decision, which was delivered by the appellate instance, being the final one (compare Saghinadze and Others v. Georgia, no. 18768/05, § 136, 27 May 2010).
  • EGMR, 10.04.2001 - 26129/95

    TANLI v. TURKEY

    Auszug aus EGMR, 21.06.2016 - 15256/05
    Here are the judgments (in chronological order) in which this pattern has been employed: Selçuk and Asker v. Turkey (24 April 1998, Reports 1998-II) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Kurt v. Turkey (25 May 1998, Reports 1998-III) - violations of Articles 3, 5 and 13, as well as a finding "that the respondent State has failed to comply with its obligations under [former] Article 25 § 1" (as it was worded at that time); Tekin v. Turkey (9 June 1998, Reports 1998-IV) - violations of Articles 3 and 13; Ergi v. Turkey (28 July 1998, Reports 1998-IV) - violations of Articles 2 and 13 and (former) Article 25 § 1 (as it was worded at that time); Sener v. Turkey (no. 26680/95, 18 July 2000) - violations of Article 6 § 1 and Article 10; Tanli v. Turkey (no. 26129/95, ECHR 2001-III) - violations of Articles 2 (both substantive and procedural) and 13; Tepe v. Turkey (no. 27244/95, 9 May 2003) - violations of Articles 2 (procedural) and 13; Yöyler v. Turkey (no. 26973/95, 24 July 2003) - violation of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Tekdag v. Turkey (no. 27699/95, 15 January 2004) - violations of Article 2 (procedural) and 13, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Ipek v. Turkey (no. 25760/94, ECHR 2004-II) - violations of Articles 2 (both substantive and procedural), 3, 5 and 13 (the latter in conjunction with Articles 2, 3 and 5) of the Convention and of Article 1 of Protocol No. 1, as well as a finding that the respondent Government had "failed to fulfil their obligation under Article 38 § 1 (a) of the Convention"; Altun v. Turkey (no. 24561/94, 1 June 2004) - violations of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 1; Sirin Yilmaz v. Turkey (no. 35875/97, 29 July 2004) - violations of Article 2 (procedural) and 13; Abdülsamet Yaman v. Turkey (no. 32446/96, 2 November 2004) - violations of Article 3, Article 5 §§ 3, 4 and 5 and Article 13; Dicle v. Turkey (no. 34685/97, 10 November 2004) - violations of Article 10 and Article 6 § 1; Mentese and Others v. Turkey (no. 36217/97, 18 January 2005) - violations of Articles 2 (procedural) and 13; Agtas and Others v. Turkey (no. 33240/96, 2 February 2006) - a violation of Article 13; Artun and Others v. Turkey (no. 33239/96, 2 February 2006) - a violation of Article 13; Keser and Others v. Turkey (nos. 33238/96 and 32965/96, 2 February 2006) - a violation of Article 13; Kumru Yilmaz and Others v. Turkey (no. 36211/97, 2 February 2006) - a violation of Article 13; Nesibe Haran v. Turkey (no. 28299/95, 2 February 2006) - a violation of Article 2 (procedural); Öztoprak and Others v. Turkey (no. 33247/96, 2 February 2006) - a violation of Article 13; Sayli v. Turkey (no. 33243/96, 2 February 2006) - a violation of Article 13; Aksakal v. Turkey (no. 37850/97, §§ 43-44, 15 February 2007) - a violation of Article 13; Khodorkovskiy (cited above) - violations of Article 3 and Article 5 §§ 1, 3 and 4; OAO Neftyanaya Kompaniya Yukos (cited above) - violations of Articles 6 §§ 1 and 3 (b) and of Article 1 of Protocol No. 1; and Khodorkovskiy and Lebedev (cited above) - violations of Article 3, Article 5 §§ 3 and 4, Article 6 § 1 (in conjunction with Article 6 § 3 (c) and (d)) and Article 8 and of Article 1 of Protocol No. 1, as well as a finding that the authorities had failed "to respect their obligation under Article 34 of the Convention".
  • EGMR, 08.07.1999 - 23657/94

    ÇAKICI v. TURKEY

  • EGMR, 06.10.2005 - 28299/95

    NESIBE HARAN v. TURKEY

  • EGMR, 10.11.2004 - 34685/97

    DICLE v. TURKEY

  • EGMR, 02.02.2006 - 33239/96

    ARTUN AND OTHERS v. TURKEY

  • EGMR, 09.05.2003 - 27244/95

    TEPE v. TURKEY

  • EGMR, 18.01.2005 - 36217/97

    MENTESE AND OTHERS v. TURKEY

  • EGMR, 15.02.2007 - 37850/97

    AKSAKAL v. TURKEY

  • EGMR, 02.02.2006 - 33240/96

    AGTAS v. TURKEY

  • EGMR, 01.06.2004 - 24561/94

    ALTUN v. TURKEY

  • EGMR, 02.02.2006 - 33238/96

    KESER AND OTHERS v. TURKEY

  • EGMR, 02.11.2004 - 32446/96

    ABDULSAMET YAMAN v. TURKEY

  • EGMR, 17.02.2004 - 25760/94

    IPEK c. TURQUIE

  • EGMR, 02.02.2006 - 36211/97

    KUMRU YILMAZ AND OTHERS v. TURKEY

  • EGMR, 22.03.2001 - 34044/96

    Schießbefehl

  • EGMR, 24.07.2003 - 26973/95

    YÖYLER v. TURKEY

  • EGMR, 09.12.1994 - 18064/91

    HIRO BALANI v. SPAIN

  • EGMR, 13.07.1995 - 18139/91

    TOLSTOY MILOSLAVSKY v. THE UNITED KINGDOM

  • EGMR, 07.12.1976 - 5493/72

    HANDYSIDE v. THE UNITED KINGDOM

  • EGMR, 18.07.2000 - 26680/95

    SENER v. TURKEY

  • EGMR, 02.02.2006 - 33247/96

    ÖZTOPRAK AND OTHERS v. TURKEY

  • EGMR, 08.07.2008 - 18145/05

    GIGOLASHVILI v. GEORGIA

  • EGMR, 08.11.2005 - 6847/02

    KHOUDOÏOROV c. RUSSIE

  • EGMR, 31.07.2000 - 34578/97

    JECIUS v. LITHUANIA

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