Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  TOPAL AND OTHERS v. RUSSIA

  No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Substantive aspect);Violation of Article 2 - Right to life ...

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  TOPAL v. RUSSIA and 4 other applications

  Art. 1, Art. 2 Abs. 1, Art. 1, Art. 13 MRK
  [ENG]

Wird zitiert von ... (0)Neu Zitiert selbst (11)

• EGMR, 24.07.2014 - 46956/09

  LYAPIN v. RUSSIA

  Auszug aus EGMR, 14.06.2022 - 61504/10

  For a summary of the domestic law concerning procedure for a pre-investigation inquiry and a criminal investigation, see Lyapin v. Russia, no. 46956/09, §§ 99-102, 24 July 2014.

  To this end, the Court reiterates that a pre-investigation inquiry alone is not capable of leading to punishment of those responsible when it comes to the credible allegations concerning the ill-treatment by State agents (see Lyapin v. Russia, no. 46956/09, § 135, 24 July 2014), and is even more important when the situation concerns death in custody.

• EGMR, 27.06.2000 - 21986/93

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

  Auszug aus EGMR, 14.06.2022 - 61504/10

  The Court reiterates that where the events lie within the exclusive knowledge of the authorities, as in the case of the death of a person in custody, the burden of proof is on them to provide a satisfactory and convincing explanation of the causes of the detained person's death (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000 VII).
• EGMR, 11.12.2014 - 33469/06

  KHISMATULLIN v. RUSSIA

  Auszug aus EGMR, 14.06.2022 - 61504/10

  Since the conclusions of these reports did not support the version that the applicant's husband had been ill-treated in custody (see also Ms Shaposhnikova's submission before the Court in paragraph 32 above), and considering that he had been involved in a fight shortly before his arrest, the Court cannot conclude beyond reasonable doubt that Mr Shaposhnikov's injuries and death were result of his ill-treatment at the hands of the police (see, for similar reasoning, Khismatullin v. Russia, no. 33469/06, §§ 58-60, 11 December 2014).

 
• VG der Evangelischen Landeskirche in Württemberg, 18.02.2005 - 12/02

  Neugliederung von Kirchengemeinden

  Auszug aus EGMR, 14.06.2022 - 61504/10

  12/02/2015.
• EGMR, 11.02.2016 - 15509/12

  KARPYLENKO v. UKRAINE

  Auszug aus EGMR, 14.06.2022 - 61504/10

  Considering that their injuries were serious enough to trigger the application of Article 3 of the Convention, the Court finds it established that prior to their death Mr Topal and Mr Drozdov were subjected to treatment contrary to Article 3 of the Convention (see Karpylenko v. Ukraine, no. 15509/12, § 122, 11 February 2016).
• EGMR, 12.06.2014 - 57856/11

  JELIC v. CROATIA

  Auszug aus EGMR, 14.06.2022 - 61504/10

  The Court reiterates in this respect that it is expected of national authorities that they pursue all possible leads to establish the circumstances in which a person had died, in order to comply with their procedural obligations under Articles 2 and 3 of the Convention (see Jelic v. Croatia, no. 57856/11, § 86, 12 June 2014, with further references).
• FG Nürnberg, 27.07.2004 - I 17/04

  Tragen von Aufwendungen für ein Wirtschaftsgut durch eine Kapitalgesellschaft; …

  Auszug aus EGMR, 14.06.2022 - 61504/10

  17/04/2017.
• EGMR, 01.07.2014 - 77938/11

  DIMITROV AND OTHERS v. BULGARIA

  Auszug aus EGMR, 14.06.2022 - 61504/10

  In this regard the Court reiterates that the responsibility of the State under Article 2 of the Convention is not confined to cases in which there exists significant evidence that the use of force by State agents has, or could have, directly caused the death of a person (see Dimitrov and Others v. Bulgaria, no. 77938/11, § 131, 1 July 2014, with further references).
• EGMR, 22.12.2015 - 68736/11

  LYKOVA c. RUSSIE

  Auszug aus EGMR, 14.06.2022 - 61504/10

  The Court's assessment 34. The relevant general principles on the substantive obligations under Articles 2 and 3 of the Convention can be found in Bouyid v. Belgium ([GC], no. 23380/09, §§ 81-90, ECHR 2015), and Lykova v. Russia (no. 68736/11, §§ 113-19, 22 December 2015), and on the procedural obligations, in Güzelyurtlu and Others v. Cyprus and Turkey ([GC], no. 36925/07, §§ 218-19, 29 January 2019).
• EGMR, 15.06.2021 - 9183/09

  BAROVOV v. RUSSIA

  Auszug aus EGMR, 14.06.2022 - 61504/10

  Even though the authorities acknowledged that Mr Drozdov had been subjected to ill-treatment contrary to Article 3 of the Convention, the compensation awarded by the domestic courts was clearly insufficient to constitute appropriate redress within the meaning of the Convention (see Vladimir Romanov v. Russia, no. 41461/02, § 78, 24 July 2008), and the suspended sentences of the police officers were manifestly disproportionate to the gravity of the acts committed by them (see Barovov v. Russia, no. 9183/09, §§ 41-45, 15 June 2021).
• EGMR, 24.07.2008 - 41461/02

  VLADIMIR ROMANOV v. RUSSIA