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• Europäischer Gerichtshof für Menschenrechte

  SELIVANOVA AND OTHERS v. RUSSIA

  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 6+6-3-c - Right to a fair trial ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  SELIVANOVA v. RUSSIA

  Art. 5, Art. 5 Abs. 1 MRK
  [ENG]

Wird zitiert von ... (0)Zitiert selbst (12)

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• EGMR, 26.06.2018 - 7077/06

  FORTALNOV v. RUSSIA

  Auszug aus EGMR, 15.09.2022 - 50794/16

  In the earlier cases against Russia, the Court has consistently held that (1) detention of a criminal suspect without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 76, 26 June 2018), (2) detention of an administrative suspect beyond the three-hour statutory period (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018), (3) "escorting" to the police station and ensuing detention of an administrative suspect in order to prepare an administrative offence record in the absence of any exceptional circumstances or necessity justifying the arrest and detention as required by the national legislation (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

  Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018).

• EGMR, 08.10.2019 - 72051/17

  KORNEYEVA v. RUSSIA

  Auszug aus EGMR, 15.09.2022 - 50794/16

  In the earlier cases against Russia, the Court has consistently held that (1) detention of a criminal suspect without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 76, 26 June 2018), (2) detention of an administrative suspect beyond the three-hour statutory period (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018), (3) "escorting" to the police station and ensuing detention of an administrative suspect in order to prepare an administrative offence record in the absence of any exceptional circumstances or necessity justifying the arrest and detention as required by the national legislation (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019).

• EGMR, 10.04.2018 - 54381/08

  TSVETKOVA v. RUSSIA and 5 other applications

  Auszug aus EGMR, 15.09.2022 - 50794/16

  In the earlier cases against Russia, the Court has consistently held that (1) detention of a criminal suspect without a court order beyond the 48-hour time-limit (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, § 76, 26 June 2018), (2) detention of an administrative suspect beyond the three-hour statutory period (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018), (3) "escorting" to the police station and ensuing detention of an administrative suspect in order to prepare an administrative offence record in the absence of any exceptional circumstances or necessity justifying the arrest and detention as required by the national legislation (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.

  Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).

  Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),.

  Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),.

• EGMR, 02.07.2019 - 50271/06

  [ENG]

  Auszug aus EGMR, 15.09.2022 - 50794/16

  50271/06 and 8 other applications, § 35, 2 July 2019), or (4) detention of an administrative suspect without any written record of the arrest (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017) have been contrary to domestic law requirements and the "lawfulness" guarantee of Article 5 of the Convention.

  50271/06 and 8 other applications, § 35, 2 July 2019),.

  50271/06 and 8 other applications, § 35, 2 July 2019).

• EGMR, 28.11.2017 - 47598/08

  TIMISHEV v. RUSSIA

  Auszug aus EGMR, 15.09.2022 - 50794/16

  50271/06 and 8 other applications, § 35, 2 July 2019), or (4) detention of an administrative suspect without any written record of the arrest (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017) have been contrary to domestic law requirements and the "lawfulness" guarantee of Article 5 of the Convention.

  Detention as an administrative suspect: no written record of the administrative arrest (Art. 27.4 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

• VK Baden-Württemberg, 04.05.2011 - 1 VK 15/11

  Der verantwortliche Entscheidungsträger muss sich ermitteln lassen!

  Auszug aus EGMR, 15.09.2022 - 50794/16

  16/11/2016.
• KAG Mainz, 03.11.2011 - M 17/11

  Beteiligung bei Versetzung

  Auszug aus EGMR, 15.09.2022 - 50794/16

  17/11/2016.
• EGMR, 13.09.2011 - 22/08

  [ENG]

  Auszug aus EGMR, 15.09.2022 - 50794/16

  22/08/2020.
• EGMR, 20.09.2016 - 926/08

  KARELIN v. RUSSIA

  Auszug aus EGMR, 15.09.2022 - 50794/16

  Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in its well-established case-law (see, among other numerous authorities, Karelin v. Russia, no. 926/08, 20 September 2016, concerning absence of a prosecuting party from the administrative proceedings; Yakovlev v. Russia [Committee], no. 44240/12 and two others, 17 December 2019, concerning the defendant's absence from the administrative appeal hearing, and Atyukov v. Russia [Committee], no. 74467/10, 9 July 2019, concerning the administrative defendant's inability to confront witnesses against him).
• EGMR, 11.12.2014 - 1253/04

  [ENG]

  Auszug aus EGMR, 15.09.2022 - 50794/16

  Regard being had to the documents in its possession and to its case-law (see, in particular, Biryuchenko and Others v. Russia [Committee], no. 1253/04 and 2 others, § 96, 11 December 2014), the Court considers it reasonable to award the sums indicated in the appended table and dismisses the remainder of the applicants' claims for just satisfaction.
• EGMR, 17.12.2019 - 44240/12

  YAKOVLEV v. RUSSIA and 2 other applications
• EGMR, 09.07.2019 - 74467/10

  ATYUKOV v. RUSSIA and 11 other applicatiions

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