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• Europäischer Gerichtshof für Menschenrechte

  FORTALNOV AND OTHERS v. RUSSIA

  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation);Violation of Article 5 - Right to liberty and security (Article 5-3 - ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  FORTALNOV v. RUSSIA

  Art. 5, Art. 5 Abs. 1 Buchst. c, Art. 5 Abs. 4, Art. 5 Abs. 5 MRK
  [ENG]

Wird zitiert von ... (48)Neu Zitiert selbst (7)

• EGMR, 18.09.2014 - 47837/06

  RAKHIMBERDIYEV v. RUSSIA

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.
• EGMR, 19.01.2012 - 11778/05

  SMOLIK v. UKRAINE

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.
• EGMR, 23.04.2015 - 16499/09

  NAGIYEV v. AZERBAIJAN

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.

 
• EGMR, 14.06.2016 - 35919/05

  BIRULEV AND SHISHKIN v. RUSSIA

  Auszug aus EGMR, 26.06.2018 - 7077/06

  35919/05 and 3346/06, §§ 56-57, 14 June 2016).
• EGMR, 15.11.2012 - 33627/06

  GRINENKO v. UKRAINE

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.
• EGMR, 04.11.2010 - 20364/05

  ALEKSANDR SOKOLOV v. RUSSIA

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.
• EGMR, 09.03.2006 - 59261/00

  MENECHEVA c. RUSSIE

  Auszug aus EGMR, 26.06.2018 - 7077/06

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, inter alia, Menesheva v. Russia, no. 59261/00, § 87, ECHR 2006-III; Aleksandr Sokolov v. Russia, no. 20364/05, 4 November 2010, §§ 70-73; Ivan Kuzmin, cited above, §§ 81-84; Smolik v. Ukraine, no. 11778/05, §§ 46-48, 19 January 2012; Grinenko v. Ukraine, no. 33627/06, §§ 75-78, 15 November 2012; Venskute v. Lithuania, no. 10645/08, § 80, 11 December 2012; Rakhimberdiyev v. Russia, no. 47837/06, §§ 35-36, 18 September 2014; Nagiyev v. Azerbaijan, no. 16499/09, §§ 57 and 64, 23 April 2015; and Birulev and Shishkin v. Russia, nos.

• EGMR, 07.12.2023 - 3345/18

  OVCHAROV AND OTHERS v. RUSSIA

  7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011, and Tsvetkova and Others v. Russia, nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018), Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018),.

  Detention without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018).

• EGMR, 24.02.2022 - 6768/11

  LIFINTSEV AND OTHERS v. UKRAINE

  In the leading cases of Kharchenko v. Ukraine (no. 40107/02, §§ 70-72 and 74-76, 10 February 2011), Ruslan Yakovenko v. Ukraine (no. 5425/11, §§ 68-70, 4 June 2015), Strogan v. Ukraine (no. 30198/11, §§ 88-89, 6 October 2016), Ignatov v. Ukraine (no. 40583/15, §§ 36-37, 15 December 2016), Fortalnov and Others v. Russia (nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018) and Grubnyk v. Ukraine (no. 58444/15, §§ 71-73 and 83-85, 17 September 2020), the Court found a violation in respect of issues similar to those in the present case (see the appended table).

  Delay in the drawing up of the arrest report (Grubnyk v. Ukraine, no. 58444/15, §§ 71-73, 17 September 2020, and Fortalnov and Others v. Russia, no. 7077/06 and 12 others, §§ 76-79,.

  7077/06 and 12 others,.

  §§ 88-89, 6 October 2016, and Grubnyk v. Ukraine, no. 58444/15, §§ 83-85, 17 September 2020), delay in the drawing up of the arrest report (Grubnyk v. Ukraine, no. 58444/15, §§ 71-73, 17 September 2020, and Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79,.

  7077/06 and 12 others,.

• EGMR, 14.12.2023 - 20948/13

  MEZAK AND OTHERS v. RUSSIA

  7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011, and Tsvetkova and Others v. Russia, nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018), Detention without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018).

  Detention without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018), Detention without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018).

 
• EGMR, 11.01.2024 - 52342/20

  LAVROV AND OTHERS v. RUSSIA

  7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011, and Tsvetkova and Others v. Russia, nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79,.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR - 26529/18 (anhängig)

  BOYAROV v. RUSSIA and 4 other applications

  The applications concern complaints raised under Article 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR, 01.02.2024 - 36904/19

  BUTYANOV AND OTHERS v. RUSSIA

  7077/06 and 12 others, §§ 76-79, 26 June 2018, as regards unlawful detention; Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 166-72, 17 July 2018, concerning inability to communicate freely and privately with a lawyer during the trial; Tomov and Others v. Russia, nos.

  5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested at 12.30 on 19/05/2021, recorded at 9 p.m. on 20/05/2021; raised in detention proceedings, decision of 22/06/2021 (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR, 11.04.2024 - 19134/22

  NAUMENKO AND OTHERS v. RUSSIA

  7077/06 and 12 others, §§ 76-84, 26 June 2018, regarding unlawful detention; and Tomov and Others v. Russia, nos.
• EGMR, 23.11.2023 - 2954/18

  MAZANOV AND OTHERS v. RUSSIA

  7077/06 and 12 others, 26 June 2018, Butkevich v. Russia, no. 5865/07, 13 February 2018, Korneyeva v. Russia, no. 72051/17, 8 October 2019, Tsvetkova and Others v. Russia, nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR, 28.09.2023 - 58772/18

  IVANOV AND OTHERS v. RUSSIA

  7077/06 and 12 others, §§ 76-79, 26 June 2018.

  7077/06 and others, 26 June 2018,.

  5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention without a court order between 01/02/2018 and 05/02/2018, that is beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018).

• EGMR, 13.01.2022 - 42282/06

  MARKELOV AND OTHERS v. RUSSIA

  The absence of a record of such matters as the date, time and location of detention, the name of the detainee, the reasons for his detention and the name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see, among other authorities, Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 76, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR, 04.04.2024 - 33610/18

  TRETYAKOV AND OTHERS v. RUSSIA
• EGMR, 23.11.2023 - 83654/17

  SAVELYEVY AND OTHERS v. RUSSIA
• EGMR, 28.09.2023 - 75045/11

  PUGACHEV AND OTHERS v. RUSSIA
• EGMR, 28.09.2023 - 18032/19

  BARONIN AND OTHERS v. RUSSIA
• EGMR, 05.07.2022 - 50942/08

  IVANOV AND OTHERS v. RUSSIA
• EGMR, 14.09.2023 - 41761/20

  KUSHNIKOVA AND OTHERS v. RUSSIA
• EGMR - 84744/17 (anhängig)

  AYDAROV v. RUSSIA and 19 other applications
• EGMR, 11.01.2024 - 62807/09

  MASLOVA AND OTHERS v. RUSSIA
• EGMR, 21.07.2022 - 36533/18

  KUVSHINOV AND OTHERS v. RUSSIA
• EGMR - 3001/18 (anhängig)

  KADULIN v. RUSSIA and 11 other applications
• EGMR, 11.01.2024 - 4815/18

  KARGASHIN AND OTHERS v. RUSSIA
• EGMR, 23.11.2023 - 40311/19

  MUZHETSKIY AND OTHERS v. RUSSIA
• EGMR, 14.12.2023 - 34241/16

  KHORRSHR AND OTHERS v. RUSSIA
• EGMR, 30.11.2023 - 41071/18

  TINGAYEV AND OTHERS v. RUSSIA
• EGMR, 02.11.2023 - 56247/15

  KASHUBA AND OTHERS v. RUSSIA
• EGMR, 30.11.2023 - 12260/15

  SHOLOMYTSKYY AND OTHERS v. UKRAINE
• EGMR, 19.10.2023 - 47954/16

  USHAKOV AND OTHERS v. UKRAINE
• EGMR, 05.10.2023 - 29978/14

  SPESYVTSEV v. UKRAINE
• EGMR - 3551/18 (anhängig)

  TITOVA v. RUSSIA and 20 other applications
• EGMR, 05.10.2023 - 60851/12

  VARZHABETYAN AND OTHERS v. RUSSIA
• EGMR, 14.09.2023 - 4792/22

  ABAKUMETS AND OTHERS v. RUSSIA
• EGMR, 07.09.2023 - 75231/17

  YURGILEVICH AND OTHERS v. RUSSIA
• EGMR - 41232/18 (anhängig)

  POPOV v. RUSSIAd 29 other applications
• EGMR - 38147/18 (anhängig)

  MAKHAYEV AND OTHERS v. RUSSIA and 18 other applications
• EGMR - 48582/18 (anhängig)

  RUDAKOVA v. RUSSIA and 23 other applications
• EGMR - 24712/21 (anhängig)

  KUZMIN v. RUSSIA and 13 other applications
• EGMR - 16678/17 (anhängig)

  CHEMURZIYEVA v. RUSSIA an d4 other applications
• EGMR - 30342/19 (anhängig)

  LEVCHENKO v. RUSSIA and 10 other applications
• EGMR, 21.07.2022 - 40408/18

  GORYUNKOV AND OTHERS v. RUSSIA
• EGMR, 07.07.2022 - 38503/18

  MIRONOVSKIY AND OTHERS v. RUSSIA
• EGMR, 13.01.2022 - 76201/17

  KAVKAZSKIY AND OTHERS v. RUSSIA
• EGMR, 03.12.2019 - 68793/13

  MINIBAYEV c. RUSSIE
• EGMR - 10722/21 (anhängig)

  KONOVALOVA v. RUSSIA and 5 other applications
• EGMR - 10869/18 (anhängig)

  RYABININ v. RUSSIA and 19 other applications
• EGMR, 15.10.2019 - 5859/07

  BONDARENKO c. RUSSIE
• EGMR - 4374/18 (anhängig)

  GOGOLEV v. RUSSIA and 13 other applications
• EGMR, 13.10.2022 - 54172/20

  KOKUNOV AND OTHERS v. RUSSIA
• EGMR, 12.02.2019 - 10970/12

  GRIGORYEV AND IGAMBERDIYEVA v. RUSSIA