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• Europäischer Gerichtshof für Menschenrechte

  SIZOV v. RUSSIA (No. 2)

  Art. 6, Art. 6 Abs. 1 MRK
  Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Reasonable time) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (3)Zitiert selbst (18)

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• EGMR, 25.03.1999 - 25444/94

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The Court reiterates that the reasonableness of the length of the proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II).
• EGMR, 25.11.2003 - 41431/98

  WIERCISZEWSKA v. POLAND

  Auszug aus EGMR, 24.07.2012 - 58104/08

  Although the Court is not in a position to analyse the legal quality of the domestic courts" decisions, it considers that, since the remittal of cases for re-examination is frequently ordered as a result of errors committed by lower courts, the repetition of such orders within one set of proceedings may disclose a serious deficiency in the judicial system (see, mutatis mutandis, among other authorities, Wierciszewska v. Poland, no. 41431/98, § 46, 25 November 2003).
• EGMR, 27.01.2011 - 41833/04

  YEVGENIY ALEKSEYENKO v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The national authorities must ensure that diagnosis and care in detention facilitates, including prison hospitals, are prompt and accurate, and that, where necessitated by the nature of a medical condition, supervision is regular and involves a comprehensive treatment plan aimed at ensuring the detainee's recovery or at least preventing his or her condition from worsening (see Pakhomov v. Russia, no. 44917/08, § 62, 30 September 2010; and Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011).

• EGMR, 25.10.2007 - 38971/06

  KORSHUNOV v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  Lastly, the Court notes that the fact that the applicant was held in custody pending trial and appeal proceedings against him required particular diligence on the part of the authorities dealing with the case to administer justice expeditiously (see, among other authorities, Korshunov v. Russia, no. 38971/06, § 71, 25 October 2007).
• EGMR, 30.09.2010 - 44917/08

  [ENG]

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The national authorities must ensure that diagnosis and care in detention facilitates, including prison hospitals, are prompt and accurate, and that, where necessitated by the nature of a medical condition, supervision is regular and involves a comprehensive treatment plan aimed at ensuring the detainee's recovery or at least preventing his or her condition from worsening (see Pakhomov v. Russia, no. 44917/08, § 62, 30 September 2010; and Yevgeniy Alekseyenko v. Russia, no. 41833/04, § 100, 27 January 2011).
• EGMR, 22.09.2005 - 3734/02

  SOKOLOV v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The Court discerns no indication in the case file that the trial court availed itself of the measures existing under national law to discipline the absent witnesses and obtain their attendance, in order to ensure that the case was heard within a reasonable time (see Zementova v. Russia, no. 942/02, § 70, 27 September 2007; Sidorenko v. Russia, no. 4459/03, § 34, 8 March 2007; and Sokolov v. Russia, no. 3734/02, § 40, 22 September 2005).
• EGMR, 08.03.2007 - 4459/03

  SIDORENKO v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The Court discerns no indication in the case file that the trial court availed itself of the measures existing under national law to discipline the absent witnesses and obtain their attendance, in order to ensure that the case was heard within a reasonable time (see Zementova v. Russia, no. 942/02, § 70, 27 September 2007; Sidorenko v. Russia, no. 4459/03, § 34, 8 March 2007; and Sokolov v. Russia, no. 3734/02, § 40, 22 September 2005).
• EGMR, 27.09.2007 - 942/02

  ZEMENTOVA v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The Court discerns no indication in the case file that the trial court availed itself of the measures existing under national law to discipline the absent witnesses and obtain their attendance, in order to ensure that the case was heard within a reasonable time (see Zementova v. Russia, no. 942/02, § 70, 27 September 2007; Sidorenko v. Russia, no. 4459/03, § 34, 8 March 2007; and Sokolov v. Russia, no. 3734/02, § 40, 22 September 2005).
• EGMR, 08.11.2005 - 6847/02

  KHOUDOÏOROV c. RUSSIE

  Auszug aus EGMR, 24.07.2012 - 58104/08

  A failure on their part to submit convincing evidence on material conditions of detention may give rise to the drawing of inferences as to the well-foundedness of the applicant's allegations (see Gubin v. Russia, no. 8217/04, § 56, 17 June 2010, and Khudoyorov v. Russia, no. 6847/02, § 113, ECHR 2005-X (extracts)).
• EGMR, 17.12.2009 - 20075/03

  SHILBERGS v. RUSSIA

  Auszug aus EGMR, 24.07.2012 - 58104/08

  The fact that they were issued approximately three years after the relevant period of the applicant's detention was over further undermined their evidential value: as the Court has pointed out on many occasions, documents prepared after a considerable period of time cannot be viewed as sufficiently reliable sources, given the length of time that has elapsed (see Novinskiy v. Russia, no. 11982/02, § 105, 10 February 2009, and Shilbergs v. Russia, no. 20075/03, § 91, 17 December 2009).
• EGMR, 06.07.2005 - 43579/98
• EGMR, 17.01.2012 - 43710/07

  FETISOV AND OTHERS v. RUSSIA
• EGMR, 29.11.2007 - 9852/03

  HUMMATOV v. AZERBAIJAN
• EGMR, 18.10.2007 - 67253/01

  BABUSHKIN v. RUSSIA
• EGMR, 07.06.2007 - 34000/02

  IGOR IVANOV v. RUSSIA
• EGMR, 24.06.2010 - 24202/05

  [ENG]
• EGMR, 17.06.2010 - 8217/04

  [ENG]
• EGMR, 08.11.2005 - 64812/01

  ALVER v. ESTONIA

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• EGMR, 07.06.2017 - 53084/99

  KORMACHEVA ET 105 AUTRES AFFAIRES CONTRE LA RUSSIE

  58104/08.

  58104/08.

• EGMR, 02.06.2020 - 61582/10

  SOLODNIKOV v. RUSSIA

  Accordingly, the Court considers the information provided by the Government in this respect as credible (see Sizov v. Russia (no. 2), no. 58104/08, § 45, 24 July 2012).
• EGMR, 20.11.2012 - 45566/08

  [ENG]

  Given that the complaint in question does not concern the structural problem of inadequate treatment of Georgian prisoners suffering from serious contagious diseases at the material time (see Makharadze and Sikharulidze v. Georgia, no. 35254/07, § 54, 22 November 2011) but rather relates to the applicant's personal situation of having contracted the relevant infection, the Court is of the opinion that a civil claim for damages under Article 207 of the General Administrative Code and Article 413 of the Civil Code was, in the circumstances, the most relevant remedy to be used (compare, for instance, with Buzychkin v. Russia, no. 68337/01, §§ 74 and 75, 14 October 2008; Gladkiy v. Russia, no. 3242/03, § 78, 21 December 2010; Sizov v. Russia (no. 2), no. 58104/08, §§ 31-33, 24 July 2012; and see also Goginashvili v. Georgia, no. 47729/08, §§ 48-50, 4 October 2011 and Makharadze and Sikharulidze, cited above, §§ 53 and 54, where the Court acknowledged that the compensatory and preventative remedies could, in principle, co-exist and that the extent of their relevance in each particular case depended upon the exact nature of a prisoner's health-related complaints made under Article 3 of the Convention).