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• Europäischer Gerichtshof für Menschenrechte

  KHALVASH v. RUSSIA

  Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);No violation of Article 13 - Right to an effective remedy ...

Wird zitiert von ... (12)Zitiert selbst (25)

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• EGMR, 27.11.2012 - 41461/10

  [ENG]

  Auszug aus EGMR, 15.12.2015 - 32917/13

  It has found, in particular, that in deciding on a complaint concerning breaches of domestic regulations governing the provision of medical care to detainees, the prison authorities would not have a sufficiently independent standpoint to satisfy the requirements of Article 35 of the Convention (see Koryak v. Russia, no. 24677/10, § 79, 13 November 2012, and Dirdizov v. Russia, no. 41461/10, § 75, 27 November 2012).

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).

• EGMR, 08.01.2013 - 56027/10

  [ENG]

  Auszug aus EGMR, 15.12.2015 - 32917/13

  Having assessed a civil claim for compensation under the tort provisions of the Civil Code, the Court has held that such a claim could not offer an applicant any redress other than a purely compensatory award, and could not put an end to a situation where there is an ongoing violation, such as inadequate medical care (see Reshetnyak v. Russia, no. 56027/10, §§ 65-73, 8 January 2013).

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).

• EGMR, 13.11.2012 - 24677/10

  KORYAK v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  It has found, in particular, that in deciding on a complaint concerning breaches of domestic regulations governing the provision of medical care to detainees, the prison authorities would not have a sufficiently independent standpoint to satisfy the requirements of Article 35 of the Convention (see Koryak v. Russia, no. 24677/10, § 79, 13 November 2012, and Dirdizov v. Russia, no. 41461/10, § 75, 27 November 2012).

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).

• EGMR, 15.11.2007 - 30983/02

  GRISHIN v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  It has further held that it is "prepared to accept that, in principle, the resources of medical facilities within the penitentiary system are limited compared to those of civilian clinics" (see Grishin v. Russia, no. 30983/02, § 76, 15 November 2007).
• EGMR, 27.11.2014 - 51857/13

  AMIROV v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 09.01.2014 - 66583/11

  BUDANOV v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 05.02.2013 - 41828/10

  [ENG]

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 05.02.2013 - 46108/11

  [ENG]

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 09.01.2014 - 49072/11

  GORELOV (II) v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 05.02.2013 - 76317/11

  BUBNOV v. RUSSIA

  Auszug aus EGMR, 15.12.2015 - 32917/13

  In the absence of an effective remedy to air complaints of inadequate medical services afforded to inmates, the Court may find itself obliged to perform the first-hand evaluation of evidence before it to determine whether the guarantees of Articles 2 or 3 of the Convention had been respected (see Koryak v. Russia, no. 24677/10, 13 November 2012; Dirdizov v. Russia, no. 41461/10, 27 November 2012; Reshetnyak v. Russia, no. 56027/10, 8 January 2013; Mkhitaryan v. Russia, no. 46108/11, 5 February 2013; Gurenko v. Russia, no. 41828/10, 5 February 2013; Bubnov v. Russia, no. 76317/11, 5 February 2013; Budanov v. Russia, no. 66583/11, 9 January 2014, and Gorelov v. Russia, no. 49072/11, 9 January 2014; Amirov v. Russia, no. 51857/13, 27 November 2014, § 90).
• EGMR, 29.04.2002 - 2346/02

  Vereinbarkeit der strafrechtlichen Verfolgung der Beihilfe zum Selbstmord mit der …
• EGMR, 07.12.1976 - 5493/72
• EGMR, 26.10.2000 - 30210/96

  Ableitung einer allgemeinen Verpflichtung zur Entlassung eines …
• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE
• EGMR, 26.10.2006 - 59696/00

  KHUDOBIN v. RUSSIA
• EGMR, 24.07.2008 - 41461/02

  VLADIMIR ROMANOV v. RUSSIA
• EGMR, 13.07.2006 - 26853/04

  POPOV v. RUSSIA
• EGMR, 28.03.2006 - 72286/01

  MELNIK v. UKRAINE
• EGMR, 04.10.2005 - 3456/05

  SARBAN v. MOLDOVA
• EGMR, 07.11.2006 - 30649/05

  HOLOMIOV v. MOLDOVA
• EGMR, 21.12.2010 - 3242/03

  GLADKIY v. RUSSIA
• EGMR, 27.01.2011 - 41833/04

  YEVGENIY ALEKSEYENKO v. RUSSIA
• EGMR, 10.04.2008 - 21071/05

  WASSERMAN v. RUSSIA (No. 2)
• EGMR, 11.10.2011 - 56994/09

  [ENG]
• EGMR, 07.02.2012 - 2447/05

  CARA-DAMIANI c. ITALIE

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• EGMR, 12.12.2018 - 1439/06

  A.B. CONTRE LA RUSSIE ET 135 AUTRES AFFAIRES

  32917/13.
• EGMR, 25.03.2021 - 38718/16

  ALEKSANDROVSKAYA v. UKRAINE

  In the Court's view, Dr N. could not therefore possess the same level of knowledge about the applicant's health as the SIZO and hospital doctors (see Khalvash v. Russia, no. 32917/13, § 62, 15 December 2015).
• EGMR, 22.11.2016 - 49106/09

  [ENG]

  While assessing the Government's argument that the applicant had failed to exhaust the available avenues of domestic protection regarding the allegedly inadequate medical treatment, the Court reiterates that it has consistently held that the remedies proposed by the Government did not satisfy the relevant criteria (see Ivko, cited above, §§ 85-88; Khalvash v. Russia, no. 32917/13, §§ 49-52, 15 December 2015; Patranin v. Russia, no. 12983/14, §§ 82-88, 23 July 2015; Koryak, cited above, §§ 82-86; and Reshetnyak v. Russia, no. 56027/10, §§ 65-73, 8 January 2013).

• EGMR, 04.10.2016 - 12646/15

  MAYLENSKIY v. RUSSIA

  In assessing the Government's argument that the applicant failed to exhaust the available avenues of domestic protection regarding the allegedly inadequate medical treatment, the Court notes that it has consistently held that the remedies proposed by the Government do not satisfy the relevant criteria (see Ivko, cited above, §§ 85-88; Khalvash v. Russia, no. 32917/13, §§ 49-52, 15 December 2015; Patranin v. Russia, no. 12983/14, §§ 82-88, 23 July 2015; Koryak, cited above, §§ 82-86; and Reshetnyak v. Russia, no. 56027/10, §§ 65-73, 8 January 2013).
• EGMR, 20.09.2016 - 12987/15

  KONDRULIN v. RUSSIA

  In assessing the Government's argument that the applicant failed to exhaust the available avenues of domestic protection regarding the allegedly inadequate medical treatment, the Court reiterates that it has consistently held that the remedies proposed by the Government do not satisfy the relevant criteria (see Ivko, cited above, §§ 85-88; Khalvash v. Russia, no. 32917/13, §§ 49-52, 15 December 2015; Patranin v. Russia, no. 12983/14, §§ 82-88, 23 July 2015; Koryak v. Russia, no. 24677/10, §§ 82-86, 13 November 2012; and Reshetnyak v. Russia, no. 56027/10, §§ 65-73, 8 January 2013).
• EGMR, 20.02.2018 - 8685/15

  SIBANOV v. ESTONIA

  The Court reiterates in this regard that even though Article 3 does not entitle a detainee to be released "on compassionate grounds", it has always interpreted the requirement to secure the health and well-being of detainees, among other things, as an obligation on the part of the State to provide detainees with the requisite medical assistance (see Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, § 178, ECHR 2016, and Khalvash v. Russia, no. 32917/13, § 55, 15 December 2015).
• EGMR, 02.05.2017 - 66823/12

  NIZOV v. RUSSIA

  The Court has consistently held that the remedies proposed by the Government, including those they have proposed in the present case, do not satisfy the relevant criteria (see Yunzel v. Russia, no. 60627/09, §§ 44-45, 13 December 2016; Urazov v. Russia, no. 42147/05, §§ 66-70, 14 June 2016; Ivko v. Russia (no. 30575/08, §§ 86-88, 15 December 2015; Khalvash v. Russia, no. 32917/13, §§ 49-52, 15 December 2015; Patranin v. Russia, no. 12983/14, §§ 82-88, 23 July 2015; Koryak v. Russia, no. 24677/10, §§ 82-86, 13 November 2012; and Reshetnyak v. Russia, no. 56027/10, §§ 65-73, 8 January 2013).
• EGMR, 13.12.2016 - 8741/15

  PASHKEVICH v. RUSSIA

  Furthermore, the Court has on many occasions established that there are no effective domestic remedies in Russia to complain about the quality of medical treatment in detention or detention conditions (see, among many other authorities, Butrin v. Russia, no. 16179/14, §§ 43-45, 22 March 2016; Khalvash v. Russia, no. 32917/13, §§ 49-52, 15 December 2015; Patranin, cited above, § 86; Gorbulya v. Russia, no. 31535/09, §§ 56-58, 6 March 2014; Semikhvostov, cited above, §§ 61-68; Reshetnyak, cited above, §§ 65-73; Dirdizov, cited above, § 75; and Koryak, cited above, §§ 86-93).
• EGMR - 33262/22 (anhängig)

  KERTÉSZ v. HUNGARY

  (a) did the domestic authorities ensure the regular and systematic supervision of the applicant's brother's health that involved a comprehensive therapeutic strategy aimed at treating his health problems or preventing their aggravation (see Khalvash v. Russia, no. 32917/13, §§ 55-57, 15 December 2015)?.
• EGMR, 13.11.2018 - 23183/15

  TALI v. ESTONIA

  The Court notes that in situations which concern the medical treatment of prisoners, the State authorities have, on the one hand, an obligation to provide detainees with the requisite medical assistance to secure their health and well-being (see Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, § 178, ECHR 2016, and Khalvash v. Russia, no. 32917/13, § 55, 15 December 2015).
• EGMR, 17.10.2017 - 56220/15

  AMIROV v. RUSSIA
• EGMR, 13.12.2016 - 60627/09

  YUNZEL v. RUSSIA