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• Europäischer Gerichtshof für Menschenrechte

  BUZDUGAN AND OTHERS v. ROMANIA

  Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) (englisch)

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• EGMR, 10.01.2012 - 42525/07

  [ENG]

  Auszug aus EGMR, 20.06.2024 - 39278/20

  The Court reiterates that a serious lack of space in a prison cell weighs heavily as a factor to be taken into account for the purpose of establishing whether the detention conditions described are "degrading" from the point of view of Article 3 and may disclose a violation, both alone or in conjunction with other material aspects of detention (see Muršić, cited above, §§ 122-41, and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 149-59, 10 January 2012).
• EGMR, 25.04.2017 - 61467/12

  REZMIVES c. ROUMANIE et 3 autres affaires

  Auszug aus EGMR, 20.06.2024 - 39278/20

  61467/12 and 3 others, 25 April 2017, the Court already found a violation in respect of issues similar to those in the present case.
• EGMR, 20.07.2021 - 39412/19

  POLGAR c. ROUMANIE

  Auszug aus EGMR, 20.06.2024 - 39278/20

  Rn. 8 The Court recalls that in Polgar v. Romania, no. 39412/19, §§ 94-96, 20 July 2021, it held that an action in tort, based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention and who were no longer held in conditions that were allegedly contrary to the Convention (see also Vlad v. Romania, (dec.), no. 122/17, §§ 30-33, 15 November 2022).

• EGMR, 15.11.2022 - 122/17

  VLAD c. ROUMANIE

  Auszug aus EGMR, 20.06.2024 - 39278/20

  Rn. 8 The Court recalls that in Polgar v. Romania, no. 39412/19, §§ 94-96, 20 July 2021, it held that an action in tort, based on Articles 1349 and 1357 of the Romanian Civil Code, as interpreted consistently by the national courts, had represented since 13 January 2021 an effective remedy for individuals who considered that they had been subjected to inadequate conditions of detention and who were no longer held in conditions that were allegedly contrary to the Convention (see also Vlad v. Romania, (dec.), no. 122/17, §§ 30-33, 15 November 2022).
• EGMR, 29.10.2015 - 56854/13

  STORY v. MALTA

  Auszug aus EGMR, 20.06.2024 - 39278/20

  The length of an individual's detention under specified conditions must also be taken into account (see, for example, Story and Others v. Malta, nos. 56854/13 and 2 others, §§ 112-13, 29 October 2015).
• EGMR, 08.10.2020 - 54609/15

  CLOSCA AND OTHERS v. ROMANIA

  Auszug aus EGMR, 20.06.2024 - 39278/20

  39270/21 and 54414/21, the applicants were transferred after 13 January 2021 for periods longer than eight days (see, mutatis mutandis, Cloşcă and Others v. Romania, nos. 54609/15 and 2 others, §§ 11 and 13, 8 October 2020) to detention facilities about which they did not raise any complaints.

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