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• Europäischer Gerichtshof für Menschenrechte

  A v. RUSSIA

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

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  A. v. RUSSIA

  Art. 3, Art. 8, Art. 8 Abs. 1, Art. 8 Abs. 2, Art. 13 MRK
  [ENG]

Wird zitiert von ... (2)Zitiert selbst (7)

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• EGMR, 06.04.2000 - 26772/95

  LABITA c. ITALIE

  Auszug aus EGMR, 12.11.2019 - 37735/09

  That investigation should be capable of leading to the identification and punishment of those responsible (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV).
• EGMR, 27.06.2000 - 21986/93

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

  Auszug aus EGMR, 12.11.2019 - 37735/09

  However, such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII).
• EGMR, 15.10.2013 - 34529/10

  [FRE]

  Auszug aus EGMR, 12.11.2019 - 37735/09

  The Court has previously found in the case of Gutsanovi 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)).

• EGMR, 24.07.2014 - 46956/09

  [ENG]

  Auszug aus EGMR, 12.11.2019 - 37735/09

  The Court has held, however, that the mere carrying out of a pre-investigation inquiry, not followed by a preliminary investigation, is insufficient for the authorities to comply with the requirements of an effective investigation into credible allegations of ill-treatment by the police under Article 3 of the Convention (see Lyapin v. Russia, no. 46956/09, § 136, 24 July 2014, and, more recently, Samesov v. Russia, no. 57269/14, § 51, 20 November 2018).
• EGMR, 12.12.2017 - 45044/06

  KSENZ AND OTHERS v. RUSSIA

  Auszug aus EGMR, 12.11.2019 - 37735/09

  This suggests that they may have been wearing trainers, which might not have caused the same blunt-trauma bruising and abrasions as army-type boots (see, for example, Ksenz and Others v. Russia, nos. 45044/06 and 5 others, §§ 39, 43, 45 and 96, 12 December 2017).
• EGMR, 20.11.2018 - 57269/14

  SAMESOV v. RUSSIA

  Auszug aus EGMR, 12.11.2019 - 37735/09

  The Court has held, however, that the mere carrying out of a pre-investigation inquiry, not followed by a preliminary investigation, is insufficient for the authorities to comply with the requirements of an effective investigation into credible allegations of ill-treatment by the police under Article 3 of the Convention (see Lyapin v. Russia, no. 46956/09, § 136, 24 July 2014, and, more recently, Samesov v. Russia, no. 57269/14, § 51, 20 November 2018).
• EGMR, 02.05.2017 - 10825/09

  OLISOV v. RUSSIA and 2 other applications

  Auszug aus EGMR, 12.11.2019 - 37735/09

  This was endorsed by the domestic courts, thereby departing from their procedural obligation under Article 3. The pre-investigation inquiry did not provide the Government with a proper basis to discharge their burden of proof and produce evidence capable of casting doubt on the applicant's credible allegations concerning her exposure to the violent arrest of her father, which the Court therefore finds established (see Olisov and Others v. Russia, nos. 10825/09 and 2 others, § 85, 2 May 2017, and Samesov, cited above, § 53).

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• EGMR, 24.05.2022 - 1223/12

  DOKUKINY v. RUSSIA

  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, 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).