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• Europäischer Gerichtshof für Menschenrechte

  DOKUKINY v. RUSSIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Non-pecuniary damage - award (Article ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  DOKUKINY v. RUSSIA

  Art. 3 MRK
  [ENG]

Wird zitiert von ... (2)Zitiert selbst (8)

alle Zitatstellen anzeigen
• EGMR, 15.10.2013 - 34529/10

  [FRE]

  Auszug aus EGMR, 24.05.2022 - 1223/12

  The Court notes that the police paid no heed to her presence and did not take her interests into consideration, as they should have, in deciding on and implementing the measure of restraint in respect of her father, all the more so because the measure was not shown to have been necessary (see A v. Russia, no. 37735/09, §§ 67-68, 12 November 2019, and Gutsanovi v. Bulgaria, no. 34529/10, § 132, ECHR 2013 (extracts)).
• EGMR, 24.07.2014 - 46956/09

  [ENG]

  Auszug aus EGMR, 24.05.2022 - 1223/12

  The mere carrying out of a pre-investigation inquiry is insufficient if the authorities are to comply with the standards established under Article 3 of the Convention for an effective investigation into credible allegations of ill-treatment by police (see Lyapin v. Russia, no. 46956/09, §§ 129 and 132-36, 24 July 2014, and Samesov, cited above, §§ 51-53 and 59).
• EGMR, 20.11.2018 - 57269/14

  SAMESOV v. RUSSIA

  Auszug aus EGMR, 24.05.2022 - 1223/12

  However, if the information gathered has disclosed elements of a criminal offence, that is to say that the alleged ill-treatment may have been committed, the pre-investigation inquiry no longer suffices and the authorities should initiate an investigation proper, in which the whole range of investigative measures can be carried out, including the questioning of witnesses, confrontations and identification parades (see Samesov v. Russia, no. 57269/14, § 54, 20 November 2018).

• EGMR, 26.05.2020 - 17054/08

  [ENG]

  Auszug aus EGMR, 24.05.2022 - 1223/12

  In view of the material in the case file, the Court is not convinced by the Government's argument based on the investigating authority's finding that the six police officers had been unable to draw up an administrative offence record on the spot because of the first applicant's behaviour, and that it had been necessary, therefore, to escort D. to the police station by force - a measure of restraint provided for in the Code of Administrative Offences if a record cannot be drawn up at the place where the offence was discovered (see Gremina v. Russia, no. 17054/08, §§ 53-54, 26 May 2020).
• EGMR, 28.01.2020 - 10465/17

  A.P. v. SLOVAKIA

  Auszug aus EGMR, 24.05.2022 - 1223/12

  Given that the parties have not disputed the fact that the applicants were under the control of the police when subjected to the use of physical force, the presumption of the State responsibility for the applicants' injuries should apply (see Bouyid, cited above, §§ 100-01; Yudina v. Russia, no. 52327/08, § 68, 10 July 2012; Shevtsova v. Russia, no. 36620/07, § 49, 3 October 2017; and A.P. v. Slovakia, no. 10465/17, §§ 52-56, 28 January 2020).
• EGMR, 03.10.2017 - 36620/07

  SHEVTSOVA v. RUSSIA

  Auszug aus EGMR, 24.05.2022 - 1223/12

  Given that the parties have not disputed the fact that the applicants were under the control of the police when subjected to the use of physical force, the presumption of the State responsibility for the applicants' injuries should apply (see Bouyid, cited above, §§ 100-01; Yudina v. Russia, no. 52327/08, § 68, 10 July 2012; Shevtsova v. Russia, no. 36620/07, § 49, 3 October 2017; and A.P. v. Slovakia, no. 10465/17, §§ 52-56, 28 January 2020).
• EGMR, 12.11.2019 - 37735/09

  A. v. RUSSIA

  Auszug aus EGMR, 24.05.2022 - 1223/12

  The Court notes that the police paid no heed to her presence and did not take her interests into consideration, as they should have, in deciding on and implementing the measure of restraint in respect of her father, all the more so because the measure was not shown to have been necessary (see A v. Russia, no. 37735/09, §§ 67-68, 12 November 2019, and Gutsanovi v. Bulgaria, no. 34529/10, § 132, ECHR 2013 (extracts)).
• EGMR, 10.07.2012 - 52327/08

  [ENG]

  Auszug aus EGMR, 24.05.2022 - 1223/12

  Given that the parties have not disputed the fact that the applicants were under the control of the police when subjected to the use of physical force, the presumption of the State responsibility for the applicants' injuries should apply (see Bouyid, cited above, §§ 100-01; Yudina v. Russia, no. 52327/08, § 68, 10 July 2012; Shevtsova v. Russia, no. 36620/07, § 49, 3 October 2017; and A.P. v. Slovakia, no. 10465/17, §§ 52-56, 28 January 2020).

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• EGMR, 07.07.2026 - 54549/22

  GÜNANA c. BULGARIE

  Dans ces conditions, la Cour estime que le Gouvernement n'a pas fourni une explication satisfaisante et convaincante pour les blessures constatées et n'a pas produit de preuves susceptibles de jeter un doute sur la version des faits du requérant (voir, mutatis mutandis, El-Asmar c. Danemark, no 27753/19, §§ 75-80, 3 octobre 2023, et Dokukiny c. Russie, no 1223/12, §§ 26-30, 24 mai 2022).
• EGMR, 12.12.2023 - 6749/22

  GRGICIN v. CROATIA and 1 other application

  The Court has previously found that the possible presence of children, whose young age makes them psychologically vulnerable, at the scene of an arrest is a factor to be taken into consideration in planning and carrying out this kind of operation (see Gutsanovi v. Bulgaria, no. 34529/10, § 132, ECHR 2013 (extracts), where children witnessed their father's arrest during a police operation in the early hours of the morning involving special agents wearing masks; A v. Russia, no. 37735/09, § 56, 12 November 2019, where a nine-year-old child witnessed a violent arrest of her father who had put up no resistance, and Dokukiny v. Russia, no. 1223/12, §§ 28-29, 24 May 2022, where a four-year-old child witnesses her father's arrest and sustained injuries by the police during the event).