Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  LEWANDOWSKI AND LEWANDOWSKA v. POLAND

  (englisch)

Wird zitiert von ... (3)Neu Zitiert selbst (7)

• EGMR, 28.07.1999 - 25803/94

  Zur "Einzelfallprüfung" und "geltungszeitlichen Interpretation" im Rahmen des …

  Auszug aus EGMR, 13.01.2009 - 15562/02

  In any event, the Court reiterates that in cases where an individual has an arguable claim under Article 3 of the Convention, the notion of an effective remedy entails, on the part of the State, a thorough and effective investigation capable of leading to the identification and punishment of those responsible (see Assenov and Others v. Bulgaria, 28 October 1998, § 102, RJD 1998-VIII, and Selmouni v. France [GC], no. 25803/94, ECHR 1999-XII, § 79).
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  This investigation should be capable of leading to the identification and punishment of those responsible (see, among other authorities, Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV).
• EGMR, 27.06.2000 - 22277/93

  ILHAN c. TURQUIE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  Moreover, a tort action would have at most resulted in an award of damages, whereas in cases of serious ill-treatment by State agents an alleged breach of Article 3 cannot be remedied exclusively through the payment of compensation (see, among many other authorities, Ä°lhan v. Turkey [GC], no. 22277/93, § 61, ECHR 2000-VII).

 
• EGMR, 04.12.1995 - 18896/91

  RIBITSCH c. AUTRICHE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  In respect of a person deprived of his liberty, 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 (see Ribitsch v. Austria, 4 December 1995, § 38, Series A no. 336).
• EGMR, 22.09.1993 - 15473/89

  KLAAS c. ALLEMAGNE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  The same principle applies to alleged ill-treatment resulting in injury which takes place in the course of an applicant's arrest (see Klaas v. Germany, 22 September 1993, §§ 23-24, Series A no. 269, and Rehbock v. Slovenia, no. 29462/95, §§ 68-78, ECHR 2000-XII).
• EGMR, 28.11.2000 - 29462/95

  REHBOCK c. SLOVENIE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  The same principle applies to alleged ill-treatment resulting in injury which takes place in the course of an applicant's arrest (see Klaas v. Germany, 22 September 1993, §§ 23-24, Series A no. 269, and Rehbock v. Slovenia, no. 29462/95, §§ 68-78, ECHR 2000-XII).
• EGMR, 21.12.2000 - 30873/96

  EGMEZ c. CHYPRE

  Auszug aus EGMR, 13.01.2009 - 15562/02

  By force of that special obligation created by the Convention for domestic authorities in respect of arguable Article 3 claims, in the present case the applicants' son, by asking the Polish authorities to institute criminal proceedings into his allegations of ill-treatment, discharged his duty under Article 35 § 1 of the Convention to afford the Polish State an opportunity to put matters right through its own legal system before having to answer before an international body for the acts complained of (see, mutatis mutandis, Egmez v. Cyprus, no. 30873/96, § 72, ECHR 2000-XII).

• EGMR, 23.05.2019 - 37023/13

  KANCIAL v. POLAND

  However, it is settled case-law that such force will not be in breach of this Article only if it was indispensable and not excessive (see, among many others, Ivan Vasilev v. Bulgaria, no. 48130/99, § 63, 12 April 2007, and Lewandowski and Lewandowska v. Poland, no. 15562/02, § 59, 13 January 2009).
• EGMR, 13.10.2009 - 29982/04

  OLSZOWY v. POLAND

  However, the Court has held on several occasions that by asking the Polish authorities to institute criminal proceedings into his allegations of ill-treatment, the applicant discharged his duty under Article 35 § 1 of the Convention to afford the Polish State an opportunity to put matters right through its own legal system before having to answer before an international body for the acts complained of (see Olszewski v Poland (dec), 55264/00, 13 November 2003, and Lewandowski and Lewandowska v. Poland, 15562/02, § 50, 13 January 2009).
• EGMR, 24.11.2015 - 4972/14

  BRAHMI v. POLAND

  With regard to the injury sustained by the applicant (broken elbow bone) the prosecutor established that it resulted from the indispensable use of force applied to control the applicant's aggressive behaviour (see, Berlinski v. Poland, nos. 27715/95 and 30209/96, 20 June 2002; and, compare and contrast, Lewandowski and Lewandowska v. Poland, no. 15562/02, § 65, 13 January 2009).