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• Europäischer Gerichtshof für Menschenrechte

  GREMINA v. RUSSIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (4)Neu Zitiert selbst (6)

• EGMR, 15.03.2012 - 39692/09

  AUSTIN ET AUTRES c. ROYAUME-UNI

  Auszug aus EGMR, 26.05.2020 - 17054/08

  Though the Court is not bound by the findings of domestic courts and remains free to make its own assessment in the light of all the material before it, in normal circumstances it requires cogent elements to lead it to depart from the findings of fact reached by the domestic courts (see Austin and Others v. the United Kingdom [GC], nos. 39692/09 and 2 others, § 61, ECHR 2012).
• EGMR, 28.11.2000 - 29462/95

  REHBOCK c. SLOVENIE

  Auszug aus EGMR, 26.05.2020 - 17054/08

  The burden to prove that this was the case rests on the Government (see Rehbock v. Slovenia, no. 29462/95, § 72, ECHR 2000-XII, and Boris Kostadinov v. Bulgaria, no. 61701/11, § 53, 21 January 2016).
• EGMR, 21.01.2016 - 61701/11

  BORIS KOSTADINOV v. BULGARIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  The burden to prove that this was the case rests on the Government (see Rehbock v. Slovenia, no. 29462/95, § 72, ECHR 2000-XII, and Boris Kostadinov v. Bulgaria, no. 61701/11, § 53, 21 January 2016).

 
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 26.05.2020 - 17054/08

  It prohibits in absolute terms torture and inhuman or degrading treatment or punishment, irrespective of the victim's conduct (see, among other authorities, Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-IV).
• EGMR, 12.04.2007 - 48130/99

  IVAN VASILEV v. BULGARIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  However, such force may be used only if indispensable and must not be excessive (see Ivan Vasilev v. Bulgaria, no. 48130/99, § 63, 12 April 2007).
• EGMR, 25.07.2017 - 31475/10

  ANNENKOV AND OTHERS v. RUSSIA

  Auszug aus EGMR, 26.05.2020 - 17054/08

  In respect of recourse to physical force during an arrest, Article 3 does not prohibit the use of force for effecting a lawful arrest (see Annenkov and Others v. Russia, no. 31475/10, § 79, 25 July 2017).

• EGMR, 12.09.2023 - 58358/14

  ROMANOV AND OTHERS v. RUSSIA

  The Court notes that even though the domestic courts in the civil proceedings found that Mr Prokopenko's deprivation of liberty had been unlawful (see paragraph 29 above), the amount of EUR 27 awarded to him in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Gremina v. Russia, no. 17054/08, § 66, 26 May 2020, with further references).
• EGMR, 29.08.2023 - 25276/15

  VERZILOV AND OTHERS v. RUSSIA

  Whether or not physical injuries of a certain gravity were sustained is not decisive for the assessment of the severity threshold (see Women's Initiatives Supporting Group and Others v. Georgia, nos. 73204/13 and 74959/13, § 60, 16 December 2021; see also Gremina v. Russia, no. 17054/08, §§ 21 and 89-91, 26 May 2020, and Kreyndlin and Others v. Russia, no. 33470/18, §§ 53-54, 31 January 2023).
• EGMR, 20.09.2022 - 23506/15

  TEPLITSKAYA AND BOGACH v. RUSSIA

  Secondly, with respect to the second applicant the Court notes that even though the domestic courts in civil proceedings found that her deprivation of liberty on 12 October 2013 had been unlawful (see paragraph 3 above), the amount of EUR 28 awarded to her in respect of non-pecuniary damage cannot be considered appropriate and sufficient redress for the alleged breach of the Convention (see, for example, Gremina v. Russia, no. 17054/08, § 66, 26 May 2020, with further references).
• EGMR, 24.05.2022 - 1223/12

  DOKUKINY v. RUSSIA

  In view of the material in the case file, the Court is not convinced by the Government's argument based on the investigating authority's finding that the six police officers had been unable to draw up an administrative offence record on the spot because of the first applicant's behaviour, and that it had been necessary, therefore, to escort D. to the police station by force - a measure of restraint provided for in the Code of Administrative Offences if a record cannot be drawn up at the place where the offence was discovered (see Gremina v. Russia, no. 17054/08, §§ 53-54, 26 May 2020).