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• Europäischer Gerichtshof für Menschenrechte

  NALBANDYAN v. ARMENIA

  Art. 3, Art. 6, Art. 6+6 Abs. 3 Buchst. c, Art. 6 Abs. 1, Art. 6 Abs. 3 Buchst. c MRK
  Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment Inhuman treatment) (Substantive aspect) No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment Violation of Article 3 - Prohibition of torture (Article 3 - ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

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

• EGMR, 27.06.2000 - 21986/93

  Verursachung des Todes eines Gefangenen in türkischer Haft - Umfang der …

  Auszug aus EGMR, 31.03.2015 - 9935/06

  Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII, and Varnava and Others v. Turkey [GC], nos.

  It is not necessary in this case to find the interrogation techniques with which the Court is familiar - Palestinian hanging (see Aksoy v. Turkey, cited above), beatings (see Dikme v. Turkey, cited above), falaka (Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), electric shocks (see Akkoç v. Turkey, nos. 22947/93 and 22948/93, ECHR 2000-X, and Mikheyev v. Russia, no. 77617/01, 26 January 2006) or rape (see Aydin v. Turkey [GC], no. 23178/94, 25 September 1997) - but the intense psychological suffering arising from the very close family ties between the two victims was considered sufficient to find that the physical violence which occurred during the period in custody had amounted to an act of torture.

• EGMR, 26.01.2006 - 77617/01

  MIKHEYEV v. RUSSIA

  Auszug aus EGMR, 31.03.2015 - 9935/06

  Otherwise, torture or ill-treatment may be presumed in favour of the claimant and an issue may arise under Article 3 of the Convention (see Mikheyev v. Russia, no. 77617/01, § 127, 26 January 2006).

  It is not necessary in this case to find the interrogation techniques with which the Court is familiar - Palestinian hanging (see Aksoy v. Turkey, cited above), beatings (see Dikme v. Turkey, cited above), falaka (Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), electric shocks (see Akkoç v. Turkey, nos. 22947/93 and 22948/93, ECHR 2000-X, and Mikheyev v. Russia, no. 77617/01, 26 January 2006) or rape (see Aydin v. Turkey [GC], no. 23178/94, 25 September 1997) - but the intense psychological suffering arising from the very close family ties between the two victims was considered sufficient to find that the physical violence which occurred during the period in custody had amounted to an act of torture.

• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 31.03.2015 - 9935/06

  In such circumstances, these costs cannot be claimed since they have not been actually incurred and this claim must be rejected (see, mutatis mutandis, McCann and Others v. the United Kingdom, 27 September 1995, § 221, Series A no. 324).

 
• EGMR, 25.09.1997 - 23178/94

  AYDIN c. TURQUIE

  Auszug aus EGMR, 31.03.2015 - 9935/06

  It is not necessary in this case to find the interrogation techniques with which the Court is familiar - Palestinian hanging (see Aksoy v. Turkey, cited above), beatings (see Dikme v. Turkey, cited above), falaka (Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), electric shocks (see Akkoç v. Turkey, nos. 22947/93 and 22948/93, ECHR 2000-X, and Mikheyev v. Russia, no. 77617/01, 26 January 2006) or rape (see Aydin v. Turkey [GC], no. 23178/94, 25 September 1997) - but the intense psychological suffering arising from the very close family ties between the two victims was considered sufficient to find that the physical violence which occurred during the period in custody had amounted to an act of torture.
• EGMR, 25.02.1982 - 7511/76

  CAMPBELL ET COSANS c. ROYAUME-UNI

  Auszug aus EGMR, 31.03.2015 - 9935/06

  Given that the present case concerned not only physical but also psychological violence, the Chamber ought to refer to the Court's principles as set out in Campbell and Cosans v. the United Kingdom (25 February 1982, Series A no. 48) and developed in Gäfgen v. Germany ([GC], no. 22978/05, ECHR 2010).
• EGMR, 13.02.2001 - 29731/96

  Dieter Krombach

  Auszug aus EGMR, 31.03.2015 - 9935/06

  The Court reiterates that, although not absolute, the right of everyone charged with a criminal offence to be effectively defended by a lawyer, assigned officially if need be, is one of the fundamental features of a fair trial (see Krombach v. France, no. 29731/96, § 89, ECHR 2001-II).
• EGMR, 04.12.1995 - 18896/91

  RIBITSCH c. AUTRICHE

  Auszug aus EGMR, 31.03.2015 - 9935/06

  In respect of a person deprived of his liberty, any recourse to physical force which has not been made strictly necessary by his own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention (see Ribitsch v. Austria, 4 December 1995, § 38, Series A no. 336; Selmouni, cited above, § 99, and Sheydayev v. Russia, no. 65859/01, § 59, 7 December 2006).
• EGMR, 28.06.2007 - 36549/03

  Recht auf ein faires Strafverfahren (Beweisverwertungsverbot; Verwertungsverbot …

  Auszug aus EGMR, 31.03.2015 - 9935/06

  It is common knowledge that statements made by a victim of ill-treatment in the immediate aftermath may be seriously affected by the stress, trauma and fears that a person may experience as a result of such ill-treatment, especially when such persons continue to remain in custody (see, mutatis mutandis, Harutyunyan v. Armenia, no. 36549/03, § 65, ECHR 2007-VIII).
• EGMR, 20.05.1999 - 21594/93

  Verursachung des Todes eines türkischen Staatsangehörigen durch türkische …

  Auszug aus EGMR, 31.03.2015 - 9935/06

  The independence of the investigation implies not only the absence of a hierarchical or institutional connection, but also independence in practical terms (see Ogur v. Turkey [GC], no. 21594/93, § 91, ECHR 1999-III; Mehmet Emin Yüksel v. Turkey, no. 40154/98, § 37, 20 July 2004; and also Ergi v. Turkey, 28 July 1998, § 83, Reports 1998-IV, where the public prosecutor investigating the death of a girl during an alleged clash between security forces and the PKK showed a lack of independence through his heavy reliance on the information provided by the gendarmes implicated in the incident).

• EGMR, 01.03.2022 - 30779/13

  DAVTYAN v. ARMENIA

  The Court further observes that the applicant's statements made in the immediate aftermath of his alleged ill-treatment, where he admitted to have injured himself prior to his arrest, may have been seriously affected by the resulting stress, trauma and fears, taking into account especially that he made those statements while still in police custody (compare Nalbandyan v. Armenia, nos. 9935/06 and 23339/06, § 102, 31 March 2015).