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88. The applicant also complained under Article <mask> of the Convention that he did not have any effective domestic remedy in respect of his allegedly infringed rights, as the Senate of the Supreme Court had ruled that the decision of the Cabinet of Ministers was a political decision. He considered that an applicatio... | 2 |
83. The applicant complained that conditions of his detention were contrary to Article 3, regard being had to the tolerance of smoking in the cells, shortage of medicaments and inaccessibility to him of quality medical assistance. He further complained under the same provision that in March 2004 he had been ill-treate... | 2 |
77. The applicant complained under Article <mask> of the Convention that by refusing to examine the proportionality of the sanction imposed on her, the Supreme Administrative Court had deprived her of an effective remedy, and that Bulgarian law did not lay down any criteria governing the manner in which the Minister o... | 2 |
49. The applicant complained under Article 5 § 4 of the Convention that the courts did not examine all factors relevant to the lawfulness of his detention. In addition, the applicant claimed that his appeals of 28 June 1999 and 11 October 1999 were decided in violation of the requirement for a speedy decision and that... | 2 |
113. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had the opportunity to challenge the acts or omissions of the investigating authorities in c... | 2 |
132. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in... | 2 |
60. The Government contended that either the applicant could not be considered to be a victim of a violation of Article <mask> of the Convention or the complaint was manifestly ill-founded, because the applicant had access to an effective remedy as required by Article 13 of the Convention, but chose not to make use of... | 2 |
114. The applicant company complained that it had been deprived of a fair hearing and had not had an effective remedy because the domestic courts refused to accept its complaint in 2012, stating that it was under the jurisdiction of the Constitutional Court (see paragraphs 28 and 29 above) while it was impossible unde... | 2 |
68. The applicants complained of a violation of Articles 3 and 5 of the Convention, as a result of the mental suffering caused to them by the disappearance of their brother and the unlawfulness of his detention. They also argued that, contrary to Article <mask> of the Convention, they had no available domestic remedie... | 2 |
106. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented the applicants from using them. They referred to Article 125 of the Code of Criminal Procedure, which allowed participants in crimina... | 2 |
42. The Government raised an objection, arguing that the applicant had not exhausted the domestic remedies available to her. The Court considers that the question whether the requirement that an applicant must exhaust domestic remedies has been satisfied in the instant case is closely linked to the complaint concernin... | 2 |
39. The applicant, who submitted that he would run a risk of torture or inhuman or degrading treatment if he were removed to Eritrea, complained of the absence in domestic law of a remedy with suspensive effect in respect of decisions refusing aliens leave to enter the country and ordering their removal, whether or no... | 2 |
90. The applicant also complained that there had been no grounds for his arrest on 13 October 2010. Furthermore, his arrest had been conducted in violation of the domestic law and he had been taken to the police station under a false pretext. He also complained that the domestic courts had not taken into account the t... | 2 |
42. The applicants complained under Article 6 § 1 of the Convention that (1) the domestic courts, in determining the dispute concerning the annulment of the sales contract and of the certificate of joint ownership, incorrectly evaluated the facts and evidence, and made unlawful conclusions; (2) they did not have a fai... | 2 |
81. The applicant also complained under Article 6 § 1 of the Convention about the national courts' ruling that his contact with I.K. had to be supervised because he suffered from a mental illness; under Article <mask> of the Convention that he had no effective remedy in respect of the violation of his Convention right... | 2 |
67. The applicant complained that the proceedings in his case had been unfair, stating in particular that his conviction had been based on false evidence and self-incriminating statements obtained under torture, that the courts had refused to call defence witnesses or allow him to put questions to the prosecution witn... | 2 |
87. The Government contended that the applicants had had effective domestic remedies, as required by Article <mask> of the Convention, and the Russian authorities had not prevented them from using those remedies. They submitted that the relatives of the missing person had been declared victims and had received reasone... | 2 |
30. The Government disputed this claim, observing that the “effective remedy” mentioned in Article <mask> of the Convention necessarily referred to a remedy in the domestic law of the “TRNC”. Turkey could neither interfere with the judicial system of the “TRNC” nor provide remedies to supplement those existing under d... | 2 |
55. The applicant also complained under Article 6 § 1 and 3 (c) of the Convention that he had not been duly summoned for the hearing before the Court of Appeal and that the criminal proceedings against him had lasted an unreasonably long time. Lastly, he relied on Article <mask> of the Convention and Article 2 of Prot... | 2 |
40. The applicant also complained, invoking Article <mask> of the Convention, that he did not have at his disposal an effective domestic remedy for his Convention complaints. In the admissibility decision of 23 March 2006 the Court considered that this complaint fell to be examined only under Article 5 § 4 of the Conv... | 2 |
65. The applicant complained under Articles 5, 6 §§ 2 and 3 and Article <mask> of the Convention that he had been unlawfully detained, that he had not been assisted by counsel on 7 August 2001 and that counsel had not been invited to an interview with the assistant prosecutor on 19 October 2001, that the domestic cour... | 2 |
41. The applicant also complained that, contrary to Article 6 § 1 of the Convention, the domestic courts had not been independent and impartial. She noted that, in accordance with the law applicable at the time of the events in question, the selection of candidates to judicial positions in Azerbaijan was performed by ... | 2 |
283. The applicants submitted that had there been a court order banning their assembly, an appeal to a higher court against such an order would have been an effective remedy in respect of the alleged violation of their right to freedom of assembly. As far as prosecutions were concerned, appeals to higher courts consti... | 2 |
106. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
153. The Government contended that the applicants had effective remedies at their disposal as required by Article <mask> of the Convention. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in court and could also claim damages in civil proceedings. In sum, the G... | 2 |
134. The applicant complained that he had not had an effective remedy, within the meaning of Article <mask> of the Convention, in respect of his complaints under Article 6 of the Convention. Finally, relying on Article 14 of the Convention the applicant alleged that he had been discriminated against because he had bee... | 2 |
85. The Government raised the objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant’s complaint that he did not have at his disposal an effective remedy for complaining about the inhuman ... | 2 |
245. The applicant maintained under Article <mask> of the Convention that the failure of the public authorities for which Turkey was responsible to conduct a prompt, impartial and thorough investigation into the circumstances of her husband's murder, and their failure to carry out a proper post-mortem examination, ind... | 2 |
164. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. They referred to Article 125 of the Code of Criminal Procedure, which allowed participants in criminal proceedi... | 2 |
148. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge any actions or omissions on the part of the investigating au... | 2 |
141. The applicant complained, under Article <mask> of the Convention in conjunction with Article 3, that the authorities had failed to carry out an effective investigation into his complaint of ill-treatment in police custody, and that their refusal to open a criminal case had made it impossible for him to be granted... | 2 |
46. The applicants further complained under Article 6 § 1 and Article <mask> of the Convention that the domestic courts in the proceedings concerning the annulment of their property rights had disregarded their arguments and had adopted unfair and unfounded decisions. Lastly, they complained under Article 14 of the Co... | 2 |
473. The applicants complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused to them by the disappearance of their relatives and the unlawfulness of their relatives’ detention. They also argued that, contrary to Article <mask> of the Convention, they had no available do... | 2 |
73. The applicant complained that on 23 October 2001 and 21 January 2002 he had been beaten and humiliated by officers of the special-purpose unit of UIN. He also complained, referring to Article <mask> of the Convention, that the authorities had failed to effectively investigate the events of 23 October 2001 and 21 J... | 2 |
104. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in... | 2 |
45. The Government raised an objection in respect of non-exhaustion of domestic remedies by the applicant, claiming also that he did not have victim status in respect of his complaint of lack of effective remedies. The Court considers that these two issues are closely linked to the merits of the applicant’s complaint ... | 2 |
29. The applicant association complained, under Article <mask> of the Convention, in conjunction with Article 11 of the Convention, that it had not had an effective remedy against the alleged violation of its freedom of assembly. In particular, it alleged that it had not had at its disposal any procedure which would h... | 2 |
110. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
135. The Government contended that the applicant had had effective domestic remedies, as required by Article <mask> of the Convention. They argued that she had received reasoned replies to all her requests and queries made in the context of the investigation and had been able to lodge a court complaint against actions... | 2 |
69. The applicant complained of the discontinuation of the judicial proceedings in respect of his application for a residence order and an order depriving A.’s mother of parental authority. He also complained of the failure to inform him of the appeal hearing of 27 February 2013. He relied on Article 6 § 1 and Article... | 2 |
49. The applicant complained under Articles 6 and 13 of the Convention about the lack of access to a court and lack of an effective remedy in this respect. The Court notes that, although the applicant invoked both Articles 6 and 13 of the Convention, her complaint is more properly examined under the latter Article alo... | 2 |
63. The applicants submitted that the refusal by the domestic courts to examine the merits of the application for judicial review of the NRTC's decision had deprived them of an effective remedy. They referred to the Court's judgment in the case of Hasan and Chaush v. Bulgaria (cited above), and argued that the Supreme... | 2 |
89. The applicant complained that he had not had an effective legal remedy at his disposal in respect of the complaint under Article 1 of Protocol No. 1 to the Convention. In particular, he complained that he had been unable to get the sale of the house revoked on the grounds that the debt to company J. had been repai... | 2 |
32. The Government contended that the applicant had not exhausted available domestic remedies with regard to her complaint about the length of the proceedings. They submitted that administrative hierarchical complaints about the length of proceedings may be lodged with the president of the competent court, with the pr... | 2 |
57. The applicant complained of a violation of Articles 3 and 5 of the Convention, as a result of the mental suffering caused to her by the disappearance of her brother and the unlawfulness of his detention. She also argued that, contrary to Article <mask> of the Convention, she had no available domestic remedies agai... | 2 |
63. The applicants stressed that their applications concerned their summary expulsion on 13 August 2014 and not the subsequent proceedings referred to by the Government, which related to different facts. In any event, only domestic remedies which had suspensive effect, and were therefore deemed effective, had to be ex... | 2 |
160. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using those remedies. In particular, the authorities had opened a criminal investigation on the date on which the applicant... | 2 |
11. The applicants complained about the State authorities' failure to enforce the judgments of the Krasnyy Luch Court given in their favour in due time. They invoked Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. The third applicant additionally invoked Article <mask> of the Convention on the same gr... | 2 |
130. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
179. The Government contended that the applicants had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities did not prevent them from using them. The applicants had an opportunity to lodge a civil claim for compensation and challenge the actions or omissions of t... | 2 |
138. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in... | 2 |
115. The applicant complained, under Article 6 § 1 of the Convention, that the proceedings before the Constitutional Court, whereby he had been deprived of his Lithuanian citizenship, had been unfair. He further argued that he had had no remedy, in accordance with Article <mask> of the Convention, to challenge the los... | 2 |
146. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
133. The Government argued that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. In particular, the applicants had received reasoned replies to all their complaints lodged in the context of crimi... | 2 |
162. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using those remedies. In particular, the applicants had had an opportunity to appeal to a court against the actions or omis... | 2 |
120. The Government contended that the complaint should be declared inadmissible as premature, as the investigation of the disappearance of Abdul-Yazit Askhabov had not yet been completed. They further argued, in relation to the complaint under Article <mask> of the Convention, that it had been open to the applicant t... | 2 |
39. The Government contended that the complaint should be declared inadmissible as the investigation of the disappearance of Mr Kamil Mutayev had not yet been completed. They further argued, in relation to the complaint under Article <mask> of the Convention, that it had been open to the applicants to lodge complaints... | 2 |
113. The Government contended that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using them. She had had an opportunity to challenge any acts or omissions on the part of the investigating authorities in court... | 2 |
53. The applicant submitted a bill of costs in the amount of GBP 6139.38 (inclusive of value-added tax – “VAT”). The Government considered this to be excessive and suggested that a reasonable figure would be GBP 3000 (inclusive of VAT). They referred, inter alia, to the number of hours of legal work billed as regards ... | 2 |
113. The applicants contended that the investigation into the murder of Ali and Umar Musayev had been pending with no tangible results for several years, and that their attempt to obtain compensation for non-pecuniary damage for the unlawful detention of their relatives had proved unsuccessful, and that they therefore... | 2 |
58. The applicant also complained about a violation of his rights in respect of the Warsaw Regional Court’s decision of 13 January 2005 which rejected his complaint about the excessive length of proceedings. He did not invoke any provision of the Convention in this respect. The Court considers that the applicant raise... | 2 |
93. The Government contended that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court. T... | 2 |
23. The applicant complained that the length of the civil proceedings in respect of his reinstatement and compensation claims, including their enforcement stage, was incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention and that he had no effective domestic remedies for this complaint ... | 2 |
88. The Government raised the objection of non-exhaustion of domestic remedies by the applicant. The Court considers that the issue of exhaustion of domestic remedies is closely linked to the merits of the applicant's complaint that he did not have at his disposal an effective remedy for complaining about the inhuman ... | 2 |
42. The applicant further complained that she had no effective remedy to complain about the length of administrative proceedings. The Supreme Administrative Court dismissed her length complaint in the first set of the administrative proceedings, but it found the second set of judicial proceedings too long, despite the... | 2 |
100. The Government submitted that the first applicant had a possibility to introduce different procedural petitions with the courts hearing her case seeking to expedite its processing. For instance, in case of a failure of the respondent party to appear for hearings it was open for the applicant to ask for examinatio... | 2 |
29. The applicant complained that his complaint was not examined by the court because of his absence and that his right to defend himself though counsel was breached. He invoked Article 6 §§ 1 and 3 (c) as well as Article <mask> of the Convention. The Court considers that the case falls to be examined under Article 6 ... | 2 |
145. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
105. The Government contended that the complaint should be declared inadmissible as the investigation into the death of the applicants’ son had not yet been completed. They further argued, in relation to the complaint under Article <mask> of the Convention, that it had been open to the applicants to lodge complaints w... | 2 |
61. The Government maintained that no separate issue arose under Article <mask> of the Convention and that the applicant had effective domestic remedies which she had failed to exhaust. In particular, the applicant could challenge before the Regional Court any procedural step taken by the first-instance court which in... | 2 |
60. The Government raised an objection of non-exhaustion of domestic remedies by the applicant. The Court has examined a similar objection in several previous cases. Having assessed a number of legal avenues put forward by the Russian Government, as well as remedies employed by applicants, including a civil claim, the... | 2 |
91. The applicant also complained that the authorities’ failure to carry out an effective investigation capable of providing redress for the ill‑treatment suffered by the applicant constituted a violation of Article <mask> of the Convention. Furthermore, he complained that he could not effectively challenge, before a ... | 2 |
139. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
132. The Government contended that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court a... | 2 |
324. The Government contended that the applicants had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants could have made use of their procedural status as victims in the criminal cases. In particular, they... | 2 |
223. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
35. The Government further submitted that, following the delivery of the Court's judgment in the case of Kudła v. Poland (application no. 30210/96, judgment of 26 October 2000), the applicant could have requested, with reference to Article 144 of the Constitution, that the domestic courts should apply the State Liabil... | 2 |
12. The applicant complained under Article 6 § 1 about the State authorities’ failure to enforce the judgment of 30 July 1999 given in his favour in due time. He further complained under Article <mask> of the Convention that he had no effective remedies for his complaint under Article 6 § 1. The impugned provisions pr... | 2 |
19. The applicant company alleged that the fine imposed on it pursuant to section 134 of Law no. 2004 had constituted a breach of its right of access to a court, since it should be construed as a penalty for having exercised its right to bring a case before the domestic courts. It relied on Article 6 § 1 and Article <... | 2 |
17. The applicants complained that their handcuffing during the court hearing of 26 January 2007 had amounted to inhuman and degrading treatment and that they had had no effective means at their disposal to remedy the situation. Both of them relied on Article 3, Article 6 § 1 and Article <mask> of the Convention. Mr S... | 2 |
45. The applicants complained of the length of the criminal proceedings opened after the events of December 1989 in Bucharest and other cities. They also complained of the lack of an effective remedy in respect of the determination of their claims. They relied in that connection on Article 6 § 1 and Article <mask> of ... | 2 |
29. The applicants complained under Article 3 of Protocol No. 1 to the Convention and Article <mask> of the Convention that the invalidation of the election results for their constituencies due to the alleged incompatibility of the ConEC records of results with the requirements of the Electoral Code had been arbitrary... | 2 |
115. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in co... | 2 |
127. The Government argued that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using them. In particular, the applicant had received reasoned replies to all her complaints lodged in the context of criminal pro... | 2 |
58. The applicant also complained under Article <mask> of the Convention that there had been no effective remedy at his disposal in respect of the non‑enforcement of the judgment in his favour and the length of civil proceedings. Lastly, relying on Articles 6, 8 of the Convention and Article 1 of Protocol No. 1 to the... | 2 |
21. The applicants complained that the length of the proceedings, instituted first in 1989 and a second time in 1990, had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1. In this connection they also relied on Article <mask> of the Convention. It is not clear what matters this alle... | 2 |
100. The Government contended that the applicant had had effective remedies at her disposal as required by Article <mask> of the Convention and that the authorities had not prevented her from using those remedies. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities ... | 2 |
57. The Government contended that the applicant did not exhaust domestic remedies as required by Article 35 § 1 of the Convention, as he had failed to raise his complaint about the excessive length of the proceedings before the Federal Constitutional Court. According to the Government, the constitutional complaint had... | 2 |
152. The Government contended that the applicants had had effective remedies at their disposal as required by Article <mask> of the Convention and that the authorities had not prevented them from using them. The applicants had challenged the actions of the investigators in court, but had not appealed against the first... | 2 |
105. The applicants complained of violations of Articles 3 and 5 of the Convention, on account of the mental suffering caused to them by the disappearance of their relatives and the unlawfulness of their detention. They also argued that, contrary to Article <mask> of the Convention, they had no available domestic reme... | 2 |
66. The applicants submitted, relying on the Court’s findings in Soldatenko (cited above, §§ 82-83), that the domestic legal system did not provide for an effective remedy to prevent or challenge a decision on extradition on the ground of a risk of ill-treatment. They also argued that the Instruction on the procedure ... | 2 |
74. The applicant also complained under Article <mask> of the Convention that he had not had at his disposal effective domestic remedies for his Convention complaints. In the admissibility decision of 22 May 2006 the Court considered that this complaint fell to be examined only under Article 5 §§ 4 and 5 of the Conven... | 2 |
65. The applicant complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused to her by the disappearance of her two sons and the unlawfulness of their detention. She also argued that, contrary to Article <mask> of the Convention, she had no available domestic remedies aga... | 2 |
31. The applicant complained that owing to the systemic nature of the inadequate prison conditions he did not have any effective remedy at his disposal as regards his complaints under Articles 3 and 8 of the Convention. In any event, there is no evidence that the remedies which were available in theory could work effe... | 2 |
19. The Government contended that the applicant had had effective channels of complaint on the same basis that they had argued that the applicant had not exhausted domestic remedies. Having rejected the latter argument above (at paragraph 11), the Court concludes that the applicant did not have an effective domestic r... | 2 |
14. The applicant submitted that he had been tried and convicted by the Diyarbakır State Security Court which was neither independent nor impartial. He further complained that he had been deprived of his right to the assistance of a lawyer in police custody, before the public prosecutor and the judge. In this respect ... | 2 |
119. The Government contended that the applicants had had effective domestic remedies as required by Article <mask> of the Convention. For instance, they could have complained about the investigators’ actions both to higher prosecutors and to the courts. Their access to such remedies had not been restricted. The first... | 2 |
43. The applicant began his argument with a submission relating to domestic remedies. In particular, he drew the Court’s attention to a number of cases against Russia where it had found a violation of Article <mask> of the Convention in view of a lack of domestic remedies in respect of complaints about the poor condit... | 2 |
36. The applicant lodged a complaint with the Constitutional Court only in connection with the proceedings on his action of 16 November 1999 (no. 7 Cb 73/99). On the basis of his complaint, the Constitutional Court found a violation of his right to a hearing within a reasonable time. The fact that the redress obtained... | 2 |
149. The applicant complained that the response of the authorities to the complaints and petitions about the detention, torture and killing of Kadri Ateş was utterly inadequate. According to the applicant, the necessary remedies either did not exist or they were, in practice, useless. The applicant submitted that ther... | 2 |
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