Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  AUSHEVY v. RUSSIA

  Art. 3, Art. 5, Art. 5 Abs. 1, Art. 13 MRK
  [ENG]

Wird zitiert von ...Neu Zitiert selbst (1)

• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR - 44279/10

  As regards each instance of the alleged abduction, were the applicants subjected to treatment in breach of Article 3 of the Convention? Having regard to the procedural protection from torture, inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), were the two investigations in the present case effective within the meaning of Article 3 of the Convention?.

• EGMR, 01.03.2022 - 32267/08

  SALA KHAMIDOV AND OTHERS v. RUSSIA

  Aushevy v. Russia (application no. 44279/10) 43. The applicants are Mr Magomed Osmanovich Aushev (Mr M.O. Aushev) and Mr Magomed Maksharipovich Aushev (Mr M.M. Aushev).

  Alleged ill-treatment 101. The Court observes that there is sufficient evidence indicating the State officers' involvement in the apprehension of applicants Mr Khamidov (no. 32267/08), Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10), and Mr Tsechoyev (no. 52270/10) (see paragraphs 5, 47 and 74 above), and in the special operation carried out in the village of Ali-Yurt in the application Aspiyev and Others (no. 64941/09) (see paragraph 28 above).

  The same applies to the cases of Mr Khamidov (no. 32267/08), Mr Tsechoyev (no. 52270/10) and Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10).

  In view of the severity of the ill-treatment and the consequences for the applicants' health, the State officers subjected the following applicants to torture: Mr Khamidov (no. 32267/08), Mr Tsechoyev (no. 52270/10), Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10), Mr Timerlan Aspiyev, Mr Issa Batsayev, Ms Tanzila Esmurziyeva, and Mr Umar Yevloyev (no. 64941/09).

  ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION 112. Mr Khamidov (no. 32267/08), Mr Tsechoyev (no. 52270/10), Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10) complained about their unrecorded detention by State officers under Article 5 § 1 of the Convention, the relevant part of which reads as follows:.

  There has accordingly been a violation of Article 5 § 1 of the Convention in respect of Mr Khamidov (no. 32267/08), Mr Tsechoyev (no. 52270/10), Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10).

  Decides to join the applications; Decides to strike out the complaint of Mr Ramazan Nalgiyev (no. 64941/09) under Article 3 of the Convention out of its list; Declares the complaint of Mr Tsechoyev (no. 52270/10) under Article 8 of the Convention about the alleged unlawful search inadmissible, and the remainder of the applications admissible; Holds that there has been a violation of Article 3 of the Convention under its substantive and procedural limbs in that the applicants indicated in paragraph 108 above were subjected to torture by State officers, the applicants indicated in paragraph 109 above were subjected to inhuman and degrading treatment by State officers, and that no effective investigation into their complaints was carried out by the authorities; Holds that there has been a violation of Article 5 of the Convention in respect of Mr Khamidov (no. 32267/08), Mr Tsechoyev (no. 52270/10), Mr M.O. Aushev and Mr M.M. Aushev (no. 44279/10) on account of their unrecorded detention; Holds that there is no need to examine the complaint under Article 13 of the Convention; Holds (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in Appendices I and II, plus any tax that may be chargeable to them, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;.

  44279/10.