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FIRST SECTION
CASE OF DZHURAYEV v. RUSSIA
(Application no. 38124/07)
JUDGMENT
STRASBOURG
17 December 2009
FINAL
28/06/2010
This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Dzhurayev v. Russia,
T... | 2 |
specified. It was not mentioned whether the decision could be appealed against. On the same day the applicant was placed in remand prison SIZO-77/4, Moscow.
14. On 12 February 2007 the applicant applied to the Russian Prosecutor General's Office. He asked it to refuse the request of the Uzbek Prosecutor General's Off... | 0 |
eight hours (Article 22 § 2).
2. Code of Criminal Procedure
33. The term “court” is defined by the Code of Criminal Procedure (CCP) of 2002 as “any court of general jurisdiction which examines a criminal case on the merits and delivers decisions provided for by this Code” (Article 5 § 48). The term “judge” is defined... | 5 |
-O of 11 July 2006 on the Prosecutor General's request for clarification
44. The Prosecutor General asked the Constitutional Court for an official clarification of its decision no. 101-O of 4 April 2006 (see above), for the purpose, in particular, of elucidating the procedure for extending a person's detention with a ... | 5 |
, the Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant's complaint under Article 5 § 4 of the Convention. Thus, the Court finds it necessary to join the Government's objection to the merits of this complaint. The Court further notes that the applicant's ... | 5 |
the CCP could have been applied in the applicant's case as suggested by the Government.
62. In such circumstances the Court concludes that the Government failed to show that the existence of the remedies invoked was sufficiently certain both in theory and in practice and, accordingly, that these remedies lack the req... | 5 |
by Chapter 13 of the CCP, among other provisions.
72. In such circumstances the Court considers that, in order to be “lawful” within the meaning of Article 5 § 1 (f) of the Convention, the applicant's detention should be compatible not only with the requirements of Article 466 § 2 but also with the provisions governi... | 6 |
. Declares the application admissible;
3. Holds that there has been a violation of Article 5 § 4 of the Convention;
4. Holds that there has been a violation of Article 5 § 1 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgm... | 4 |
THIRD SECTION
CASE OF TOPEKHIN v. RUSSIA
(Application no. 78774/13)
JUDGMENT
STRASBOURG
10 May 2016
FINAL
17/10/2016
This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Topekhin v. Russia,
The Eu... | 2 |
District Court.
14. On 13 November 2013 the City Court upheld the detention order of 13 September 2013, endorsing the District Court’s reasoning. After examining medical evidence pertaining to the applicant’s health, it found that the illnesses he suffered from were not severe enough to warrant his release.
15. On a... | 0 |
not significantly. The paraplegia remained unchanged. He was discharged from hospital on 9 December 2013 to undergo treatment in a civilian hospital and to check whether his state of health called for his early release.
30. From 9 to 13 December 2013 the applicant stayed in Moscow City Hospital no. 20, where he under... | 0 |
On the morning of 6 March 2014 the applicant was taken in the same prison van to correctional colony no. IK-15/1 (“the correctional colony”). The trip took around an hour.
44. The parties disagreed whether the vehicles used to transfer the applicant, with the exception of the Gazel minivan, were equipped to accommoda... | 0 |
, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.”
The requirements regulating personal mobility are laid down in Article 20, which reads as follows:
“States Parties sh... | 1 |
population. Structural alterations should be effected to assist the wheelchair-bound and handicapped on lines similar to those in the outside environment....”
58. Recommendation CM/Rec (2012) 5 of the Committee of Ministers of 12 April 2012 on the European Code of Ethics for Prison Staff, provides, in particular:
IV.... | 0 |
26772/95, § 119, ECHR 2000-IV). Ill‑treatment must, however, attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum is relative: it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in som... | 5 |
notes that the applicant, a seriously ill person suffering from paraplegia and a number of related conditions, including serious bowel and bladder dysfunctions, was detained from 16 July 2013 to 18 August 2014. He argued that his health had significantly deteriorated in detention, as a result of the authorities’ failu... | 0 |
special needs resulting from his disability (see Z.H. v. Hungary, no. 28937/11, § 29, 8 November 2012; Jasinskis v. Latvia, no. 45744/08, § 59, 21 December 2010; and Farbtuhs v. Latvia, no. 4672/02, § 56, 2 December 2004).
80. In the above-cited case of Farbtuhs, the Court noted that the prison authorities had permit... | 5 |
is evident that his inmates were unable to provide such enhanced assistance, which requires special skills and knowledge. This fact is accentuated by the presence of bedsores, developed outside the hospital, which were recorded by the resident doctor and noted by the independent medical expert as a sign of neglect on ... | 0 |
find any evidence that the conditions on the train or in the van were in any way different from those during the first part of his trip.
94. In these circumstances, the Court takes the view that the cumulative effect of the material conditions of the applicant’s transfer, and the duration of the trip, were serious en... | 5 |
to the detained person in such matters is tantamount to overturning the rule of Article 5 of the Convention, a provision which makes detention an exceptional departure from the right to liberty and one that is only permissible in exhaustively enumerated and strictly defined cases (see Rokhlina v. Russia, no. 54071/00,... | 5 |
the Court accepts that those developments decreased the risk of him absconding, the risk was not entirely eliminated given his resourcefulness both when it came to his financial situation and his ability to organise his escape, including through the forgery of official documents. The Court therefore accepts that the R... | 5 |
that those expenses had indeed been incurred.
122. According to the Court’s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had t... | 6 |
FOURTH SECTION
CASE OF RUPA AND ŢOMPI v. ROMANIA
(Application no. 60272/09)
JUDGMENT
STRASBOURG
2 May 2017
This judgment is final but it may be subject to editorial revision.
In the case of Rupa and Ţompi v. Romania,
The European Court of Human Rights (Fourt... | 2 |
on him leaving town. He said that he had already been detained for 180 days and therefore the initial reasons for extending his detention no longer applied. He also submitted that he had had time to understand the consequences of his criminal behaviour and had changed. The second applicant and the first applicant’s un... | 5 |
s pre‑trial detention had been duly reasoned, providing replies to all the arguments raised by the first applicant and his lawyer.
26. The Government also contended that the domestic authorities had handled the case with diligence. A bill of indictment had been issued four months after the first applicant had been rem... | 5 |
job between 1 October 2009 and 17 June 2010 (when his conviction was upheld by the appellate court). He also claimed EUR 71,336 in respect of non-pecuniary damage.
39. The Government argued that there was no causal link between the alleged violation and the loss of salary claimed by the first applicant. Moreover, the... | 6 |
SECOND SECTION
CASE OF DİRİ v. TURKEY
(Application no. 68351/01)
JUDGMENT
STRASBOURG
31 July 2007
FINAL
31/10/2007
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Diri v. Turk... | 2 |
According to the applicant, as he refused to stand up and shout his name during the daily headcounts, he was subjected to ill-treatment by the prison guards, in particular falaka (beating on the soles of the feet).
11. On 24 February 2001 and 3 March 2001, respectively, the applicant was examined by the prison doctor... | 0 |
li Assize Court could not be issued in the circumstances of the present case.
22. On 30 November 2001 the Forensic Medicine Institute replied that the findings mentioned in the bone scintigraphy report could not have resulted from rheumatism or the hunger strike, but were caused by a trauma.
23. On 7 December 2001 th... | 0 |
meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
a) The alleged ill-treatment
i. General principles
35. The Court reiterates that Article 3 of the Convention ranks as one of the most fundamental prov... | 0 |
that he had been subjected to falaka in the Tekirdağ F-Type Prison. As clearly indicated in these reports, the injuries to the applicant's feet could not have been caused by rheumatism or the result of his hunger strike. They could only have been sustained by trauma. The Court takes note of the Government's observatio... | 0 |
and 22948/93, § 55 and § 118, ECHR 2000‑X). In the instant case, the medical reports dated 3 and 8 March 2001, which were drafted by the prison's own doctor, provided limited medical information and did not include any explanation by the applicant as regards his complaints.
51. The Court also finds it noteworthy that... | 6 |
examine separately the complaint under Article 13 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts to be converted into New Turkish lira... | 4 |
SECOND SECTION
CASE OF ERDŐS v. HUNGARY
(Application no. 38937/97)
JUDGMENT
STRASBOURG
9 April 2002
FINAL
09/07/2002
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Erdős v. ... | 2 |
7 December 1992 the plaintiff again extended his action and, on 27 January 1993, he filed a memorandum with the Regional Court submitting the precise figures of his claims.
17. On 17 February and 28 April 1993 the Regional Court held hearings. The hearings scheduled for 1 September and 10 December 1993 and 9 March 19... | 3 |
supplement his claims – which contributed decisively to the slowing down of the proceedings. The applicant maintained, on the contrary, that his father had shown due diligence.
34. The Court points out that only delays attributable to the State may justify a finding of a failure to comply with the “reasonable time” r... | 6 |
2 and 3 of the Rules of Court.
S. DolléJ.-P. CostaRegistrarPresident
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the following opinions are annexed to this judgment:
(a) Concurring opinion of Judge Loucaides;
(b) Dissenting opinion of Judge Mularoni.
J.-P.C.S.D.CO... | 3 |
time elapsed after this date, account must be taken of the then state of the proceedings” (see, among other authorities, Foti and others v. Italy judgment of 10 December 1982, Series A no. 56, p. 18, § 53), it seems to me that the delays were largely attributable to the plaintiff’s conduct.
We know from the facts that... | 3 |
s conduct.
For all these reasons, I conclude that the length of the proceedings did not exceed the “reasonable time” requirement and that the applicant’s rights under Article 6 § 1 of the Convention have not been violated.
| 5 |
FIRST SECTION
CASE OF EMMER-REISSIG v. AUSTRIA
(Application no. 11032/04)
JUDGMENT
STRASBOURG
10 May 2007
FINAL
10/08/2007
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Emmer-... | 2 |
Gebiets-bauamt) on 31 October 2001. It stated that by far the largest part of the land was covered by forest, which would impede serious agricultural activities. With reference to the earlier decisions, it repeated that, judging by its design and shape, the building at issue would be untypical of an agricultural shed a... | 3 |
see Eisenstecken v. Austria, no. 29477/95, § 29, ECHR 2000-X), the applicant was in principle entitled to a public hearing before the first and only tribunal examining his case, unless there were exceptional circumstances which justified dispensing with such a hearing (see, for instance, Stojakovic v. Austria, no. 3000... | 3 |
THIRD SECTION
CASE OF DORAN v. IRELAND
(Application no. 50389/99)
JUDGMENT
STRASBOURG
31 July 2003
FINAL
31/10/2003
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of ... | 2 |
1993. On that date there was no judge available and the matter was heard on 7 October 1993 when the President of the High Court (“the trial judge”) made himself available.
The Government maintained that the trial judge was advised by counsel present that the hearing required two days, that the judge had notified the p... | 5 |
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