Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  KLEUVER v. NORWAY

  Art. 3, Art. 6, Art. 6 Abs. 1, Art. 8, Art. 8 Abs. 1 MRK
  Inadmissible (englisch)

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

• EGMR, 21.12.2000 - 33958/96

  WETTSTEIN v. SWITZERLAND

  Auszug aus EGMR, 30.04.2002 - 45837/99

  The existence of impartiality for the purposes of Article 6 § 1 must be determined according to a subjective test, that is on the basis of the personal conviction of a particular judge in a given case, and also according to an objective test, that is ascertaining whether the judge offered guarantees sufficient to exclude any legitimate doubt in this respect (see Wettstein v. Switzerland, no. 33958/96, § 42, ECHR 2000-XII [21.12.00]).
• EGMR, 28.06.1984 - 7819/77

  CAMPBELL AND FELL v. THE UNITED KINGDOM

  Auszug aus EGMR, 30.04.2002 - 45837/99

  The Court recalls that, in order to establish whether a body can be considered "independent", regard must be had, inter alia, to the manner of appointment of its members and their term of office, to the existence of guarantees against outside pressures and to the question whether the body presents an appearance of independence (see, inter alia, the Campbell and Fell v. the United Kingdom judgment of 28 June 1984, Series A no. 80, pp. 39-40, para. 78).
• EGMR, 26.05.1994 - 16969/90

  KEEGAN v. IRELAND

  Auszug aus EGMR, 30.04.2002 - 45837/99

  In both contexts regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole (see, for instance, the Keegan v. Ireland judgment of 26 May 1994, Series A no. 290, p. 19, para. 49).
• EGMR, 27.04.1988 - 9659/82

  BOYLE AND RICE v. THE UNITED KINGDOM

  Auszug aus EGMR, 30.04.2002 - 45837/99

  The limitations in question clearly did not exceed what follows from ordinary and reasonable requirements of imprisonment (see, mutatis mutandis, the Boyle and Rice v. the United Kingdom judgment of 27 April 1988, Series A no. 131, § 74).

• EGMR, 24.03.2016 - 56660/12

  KORNEYKOVA AND KORNEYKOV v. UKRAINE

  The principle of the protection of a child's best interests has also been enshrined in the Court's case-law where children have been affected (see, for example, Kleuver v. Norway (dec.), no. 45837/99, 30 April 2002), and X v. Latvia [GC], no. 27853/09, § 95, ECHR 2013).
• EGMR, 19.07.2022 - 55659/14

  RUDYKH AND OTHERS v. RUSSIA

  Consequently, such treatment did not attain the minimum level of severity required by Article 3 of the Convention (see Kleuver v. Norway (dec.), no. 45837/99, 30 April 2002, and, for a similar factual situation, Rudakov v. Russia (dec.) [Committee], no. 70711/12, § 20, 30 March 2021).
• EGMR, 13.11.2018 - 23183/15

  A.T. v. ESTONIA

  Against that background, the Court finds that the security measures were directly linked to the applicant's specific behaviour and, as such, did not exceed what could be reasonably considered necessary (see Kleuver v. Norway (dec.), no. 45837/99, ECHR, 30 April 2002, where - in the context of Article 8 of the Convention - cuffing and being escorted was considered to be warranted by the risk of escape; compare and contrast Filiz Uyan, cited above, § 32, and Duval, cited above, § 50, where a violation of Article 3 was found as the authorities had not demonstrated that the use of cuffing and the presence of prison officers had been adapted to the actual security needs and the risk posed by the prisoner).