Rechtsprechung
   EGMR, 11.01.2024 - 62807/09, 53373/14, 77068/14, 43701/18, 19125/20, 23922/20, 26735/20, 53881/20, 53488/21, 61520/21, 3034/22   

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https://dejure.org/2024,62
EGMR, 11.01.2024 - 62807/09, 53373/14, 77068/14, 43701/18, 19125/20, 23922/20, 26735/20, 53881/20, 53488/21, 61520/21, 3034/22 (https://dejure.org/2024,62)
EGMR, Entscheidung vom 11.01.2024 - 62807/09, 53373/14, 77068/14, 43701/18, 19125/20, 23922/20, 26735/20, 53881/20, 53488/21, 61520/21, 3034/22 (https://dejure.org/2024,62)
EGMR, Entscheidung vom 11. Januar 2024 - 62807/09, 53373/14, 77068/14, 43701/18, 19125/20, 23922/20, 26735/20, 53881/20, 53488/21, 61520/21, 3034/22 (https://dejure.org/2024,62)
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Volltextveröffentlichung

  • Europäischer Gerichtshof für Menschenrechte

    MASLOVA AND OTHERS v. RUSSIA

    Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment;Torture) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right ...

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  • EGMR - 43701/18 (anhängig)

    LYAPIN v. RUSSIA and 9 other applications

    Auszug aus EGMR, 11.01.2024 - 62807/09
    LOCUS STANDI 9. Following the death of the applicant Mr Lyapin (application no. 43701/18) his wife Ms Liliya Viktorovna Lyapina expressed her wish to pursue the applications on behalf of the deceased applicant.

    62807/09 and 43701/18, in respect of whom it finds only a violation of the procedural limb of that provision.

    62807/09, 43701/18, 19125/20, 26735/20 and 3034/22 also submitted complaints under Article 13 of the Convention.

    Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares that Ms Liliya Viktorovna Lyapina has standing to pursue application no. 43701/18 in the stead of the late applicant Mr Lyapin; Rejects the Government's request to strike application no. 53373/14 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declaration which they submitted; Declares the complaints concerning the torture or inhuman or degrading treatment, and the failure to investigate the allegations of the ill-treatment, and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need for a separate examination of the applicants' remaining complaints under Article 6 of the Convention, and dismisses the remainder of application no. 77068/14 as inadmissible; Holds that these complaints disclose a breach of both the substantive and procedural limbs of Article 3 of the Convention concerning the torture or inhuman or degrading treatment, with the exception of the applicants in applications nos.

    62807/09 and 43701/18, in respect of whom it finds only a violation of the procedural limb of that provision; Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table); Holds (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;.

    43701/18.

  • EGMR - 77068/14 (anhängig)

    KARPYUK v. RUSSIA

    Auszug aus EGMR, 11.01.2024 - 62807/09
    The Ukrainian Government were invited to intervene as third party in the proceedings in application no. 77068/14.

    On 16 December 2014 the Court applied interim measure in application no. 77068/14 and gave it priority (under Rules 39 and 41 of the Rules of Court).

    53373/14, 77068/14, 23922/20 and 53881/20 the applicants submitted other complaints which, in the light of the Court's established case-law, also raised issues under the Convention, including a complaint under Article 6 of the Convention concerning the use for conviction of self-incriminating statements obtained as a result of torture or ill-treatment (see attached table).

    REMAINING COMPLAINTS 22. The applicant in application no. 77068/14 also raised other complaints under various Convention provisions.

    Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares that Ms Liliya Viktorovna Lyapina has standing to pursue application no. 43701/18 in the stead of the late applicant Mr Lyapin; Rejects the Government's request to strike application no. 53373/14 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declaration which they submitted; Declares the complaints concerning the torture or inhuman or degrading treatment, and the failure to investigate the allegations of the ill-treatment, and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need for a separate examination of the applicants' remaining complaints under Article 6 of the Convention, and dismisses the remainder of application no. 77068/14 as inadmissible; Holds that these complaints disclose a breach of both the substantive and procedural limbs of Article 3 of the Convention concerning the torture or inhuman or degrading treatment, with the exception of the applicants in applications nos.

    77068/14.

  • EGMR - 53373/14 (anhängig)

    ZHDAN v. RUSSIA

    Auszug aus EGMR, 11.01.2024 - 62807/09
    THE GOVERNMENT'S REQUEST TO STRIKE OUT THE APPLICATION UNDER ARTICLE 37 § 1 OF THE CONVENTION 12. The Government submitted unilateral declaration in application no. 53373/14 whereby they acknowledged violations of Articles 3 and 5 of the Convention in respect of the applicant and offered to pay him a sum of money.

    53373/14, 77068/14, 23922/20 and 53881/20 the applicants submitted other complaints which, in the light of the Court's established case-law, also raised issues under the Convention, including a complaint under Article 6 of the Convention concerning the use for conviction of self-incriminating statements obtained as a result of torture or ill-treatment (see attached table).

    Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares that Ms Liliya Viktorovna Lyapina has standing to pursue application no. 43701/18 in the stead of the late applicant Mr Lyapin; Rejects the Government's request to strike application no. 53373/14 out of its list of cases under Article 37 § 1 of the Convention on the basis of the unilateral declaration which they submitted; Declares the complaints concerning the torture or inhuman or degrading treatment, and the failure to investigate the allegations of the ill-treatment, and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need for a separate examination of the applicants' remaining complaints under Article 6 of the Convention, and dismisses the remainder of application no. 77068/14 as inadmissible; Holds that these complaints disclose a breach of both the substantive and procedural limbs of Article 3 of the Convention concerning the torture or inhuman or degrading treatment, with the exception of the applicants in applications nos.

    53373/14.

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