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45. The Government also recalled that Article <mask> of the Convention requires an effective remedy that offers reasonable prospects of success. Although no single remedy may itself entirely satisfy the requirements of Article 13, the aggregate of remedies provided for under domestic law may do so (see e.g. the X. v United Kingdom judgment of 5 November 1981, Series A no. 46, p. 26, § 60; the van Droogenbroeck v. the Netherlands judgment of 24 June 1982, Series A no. 50, p. 32, § 56; and the Leander v. Sweden judgment of 26 March 1987, Series A no. 116, §§ 77 and 81-82). | 2 |
36. The Government contended that the applicants had had effective channels of complaint on the same basis that they had argued that the applicants had not exhausted domestic remedies. Having rejected the latter argument above (at paragraph 27), the Court concludes that the applicants did not have an effective domestic remedy, as required by Article <mask> of the Convention, to redress the damage created by the delay in the present proceedings (see Voytenko v. Ukraine, no. 18966/02, § 46-48, 29 June 2004). Accordingly, there has been a breach of this provision. | 2 |
29. The applicants further complained under Article 1 of Protocol No. 1 that the domestic authorities had failed to uphold their ownership rights in the apartments and under Article <mask> of the Convention that they had no effective remedies for this complaint, in particular, since the Constitutional Court had refused to consider their application. Finally, the applicants invoked Article 14 of the Convention to the facts of the case. | 2 |
64. The applicant complained of a violation of Article <mask> of the Convention in connection with Article 1 of Protocol No. 1 in so far as the constitutional courts could not be considered an effective remedy to obtain sufficient just satisfaction (covering fair rent over all the relevant years and the depreciation suffered as a result of the actions of the club) or to bring the consequences of the violation to an end. Article 13 of the Convention reads as follows: | 2 |
128. The Government contended that the applicant had had effective remedies at his disposal as required by Article <mask> of the Convention, and that the authorities had not prevented him from using them. He had had an opportunity to challenge any acts or omissions on the part of the investigating authorities in court or to bring civil claims for damages. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
142. The Government contended that the applicants had had access to effective domestic remedies, as required by Article <mask> of the Convention. They submitted that during the period when the events invoked by the applicants' had taken place the judicial system in the Chechen Republic was already operational and that applications of the residents of Sernovodsk concerning those events had been properly examined by the authorities and criminal proceedings had been instituted. The Government insisted that the applicants, as participants in criminal proceedings, had had the right to challenge any actions of the investigating or other law-enforcement authorities before a court. Accordingly, in the Government's opinion, effective domestic remedies in respect of the applicants' complaints existed. | 2 |
92. The applicant reiterated under Article <mask> of the Convention his complaint about the absence of an automatic review of the lawfulness of his detention on remand (see paragraph 53 above). The Court recalls that Article 5 § 4 of the Convention is the lex specialis in matters of detention (Shamayev and Others, cited above, § 435, ECHR 2005‑III) and that the complaint about the absence of an automatic review of the lawfulness of detention has been already found to be manifestly ill-founded (see paragraph 58 above). The Court does not consider it necessary therefore to examine this complaint separately under Article 13 of the Convention. | 2 |
74. The Government submitted that the investigation into the disappearance of Said-Emin Sambiyev 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 to lodge court complaints about any acts or omissions of the investigating authorities. Besides, she could have applied for civil damages. They also added that the applicant, having officially complained to the prosecutor’s office only one month and nineteen days after the abduction, had undermined the efficiency of the investigation. | 2 |
32. 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 effectively in practice when it came to prison conditions and the treatment of prisoners. He cited Article <mask> of the Convention, which reads as follows: | 2 |
106. The applicants complained about the dismissal of their claim against the State for damages. They argued that as the offence had been committed as a result of the State’s negligence, they should be provided with a remedy that would enable them to obtain redress for the damage suffered. The applicants relied on Articles 2 and 6 of the Convention. The Court considers that substantively their complaint falls to be examined under Article <mask> of the Convention, which reads as follows: | 2 |
83. The Government have accepted that the first applicant's complaint under Article <mask> of the Convention, insofar as it relates to the complaint under Article 8 of the Convention, is admissible. The Court agrees that it is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further agrees that it is not inadmissible on any other grounds. It must therefore be declared admissible. The Court finds, however, that the first applicant's complaint under Article 13 read together with Article 3 of the Convention is manifestly ill-founded, as it has already held that the first applicant's rights under Article 3 are not engaged. | 2 |
112. The Government submitted that the investigation into the disappearance of Ruslanbek Vakhayev 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 to lodge court complaints about any acts or omissions on the part of the investigating authorities and that she had availed herself of this remedy. Besides, she could have lodged a claim for civil damages. They also added that the applicant, having officially complained to the prosecutor’s office almost a year after the abduction, had undermined the efficiency of the investigation. | 2 |
45. The applicant complained of the non-enforcement of the judgment of 19 November 2004 given in her favour against the municipal unitary enterprise and of the lack of any effective remedy in domestic law. She relied on Article 6 § 1 and Article <mask> of the Convention and on Article 1 of Protocol No. 1, all cited in paragraph 32 above. | 2 |
36. 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 domestic law. In the light of the above, the Government submitted that no issue under Article 13 could be raised by the present application. | 2 |
78. The Government argued that the applicant had had effective remedies at his disposal as required by Article <mask> of the Convention and that the authorities had not prevented him from using them. The applicant had been declared a victim in the criminal case opened in connection with the killing of his family members and had received reasoned replies to all his queries. Besides, he had had an opportunity to challenge the actions or omissions of the investigating authorities in court. | 2 |
26. The applicants complained under Article 3 of Protocol No. 1 to the Convention that their right to stand as a candidate in free elections had been violated because their requests for registration as candidates had been refused arbitrarily. The applicants in applications nos. 17356/11 and 31996/11 also relied on Article <mask> of the Convention in respect of this complaint. The Court considers that this complaint falls to be examined only under Article 3 of Protocol No. 1 to the Convention and that no separate examination is necessary under Article 13 (compare Namat Aliyev v. Azerbaijan, no. 18705/06, § 57, 8 April 2010). Article 3 of Protocol No. 1 to the Convention reads as follows: | 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 delayed enforcement of the judgment in his favour and the length of civil proceedings. Lastly, the applicant complained about certain alleged shortcomings in the civil proceedings, their unfairness, and about trespassing into his flat and theft of his belongings. | 2 |
80. The applicant further complained of the fact that the Constitutional Court, by rejecting his first and second constitutional appeals of 19 January and 10 November 1998 in which he had complained of the delays in the proceedings, deprived him of the last domestic remedies available to him. This gave rise to a breach of Article <mask> of the Convention, which reads as follows: | 2 |
131. 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 court and to bring civil claims for damages, which they failed to do. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
39. The applicant maintained that the Constitutional Court had declared his constitutional complaint of 15 January 2008, lodged against the decision of the Osijek County Court of 27 December 2007, inadmissible solely on the ground that a fresh decision extending his detention had been adopted in the meantime. In the applicant's view, such a practice ran counter to the requirements of Article 5 § 4 and Article <mask> of the Convention. | 2 |
109. The Government contended that the applicant had had effective domestic remedies, as required by Article <mask> of the Convention, and that the Russian authorities had not prevented her from using those remedies. The investigation into her husband’s disappearance was still ongoing. At the same time the applicant had not applied to the domestic courts with either civil claims or complaints concerning actions of the agents of the law-enforcement bodies. The Government enclosed copies of the domestic courts’ decisions on claims for compensation for pecuniary and non-pecuniary damage caused by offences committed by Russian servicemen in the North Caucasus Region. | 2 |
68. The Government submitted that the applicant had had an effective remedy in respect of his allegations of ill-treatment, as required by Article <mask> of the Convention. Domestic law had provided an opportunity, both in theory and in practice, to have the fact of his ill-treatment by the police officers established and, consequently, to seek and obtain redress. The applicant, however, had failed to avail himself of this opportunity by not lodging a timely appeal against the investigator’s decision of 21 June 2005. Thus, the final domestic decision concerning the applicant’s alleged ill-treatment had been the decision of 21 June 2005, according to which the actions of the police officers had been found to be lawful, and consequently his civil claims had had no prospects of success. Accordingly, in the absence of a finding by a relevant authority of a violation of the applicant’s rights guaranteed by Article 3 of the Convention, he had no “arguable claim” under Article 13 in relation to his allegations of ill-treatment. | 2 |
36. The applicant further complained under Article 6 § 1 and Article <mask> of the Convention that the domestic courts in the proceedings concerning the annulment of his property rights had disregarded his arguments and had adopted unfair and unfounded decisions. Lastly, he complained under Article 14 of the Convention that he had been discriminated against on the basis of his national origin – he submitted that the majority of individuals who had had their rights to forests restored and later annulled had been Polish. | 2 |
59. The Government raised an 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 the complaint that he had been subjected to inhuman and degrading treatment by being detained in inadequate conditions. The Court thus finds it necessary to join the Government’s objection to the merits of the applicant’s complaint under Article <mask> of the Convention. | 2 |
23. The applicant complained under Articles 2 and 3 of the Convention that because his regiment had not immediately referred him to a hospital, his access to appropriate medical treatment had been delayed, which had led to the loss of sight in his left eye. He argued that, as he had been under the control of the military authorities during his compulsory military service, the State should be held responsible for the damage he had sustained. Relying on Article <mask> of the Convention, the applicant also complained that he had not had an effective domestic remedy which could have provided him with redress for his complaints. | 2 |
110. The Government raised an objection in respect of non-exhaustion of domestic remedies by the applicant. The Court considers that the question 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 his complaints concerning inhuman and degrading treatment on account of being detained in inadequate conditions. The Court thus finds it necessary to join the Government’s objection to the merits of the applicant’s complaint under Article <mask> of the Convention. | 2 |
34. 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 domestic law. In the light of the above, the Government submitted that no issue under Article 13 could be raised by the present application. | 2 |
94. 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 Government also noted that the investigation of the abduction of the applicant’s relatives had not yet been completed. They referred to Article 125 of the Code of Criminal Procedure, which allowed participants in criminal proceedings to complain to a court about measures taken during an investigation. This was an effective remedy to ensure the observation of her rights. The applicant had never made use of this possibility, which required the initiative of the participants in criminal proceedings, and thus the absence of court action could not constitute a violation of Article 13. | 2 |
61. The Government stated that remedies were available as required by Article <mask> of the Convention. Judith McGlinchey could have used the internal prison complaints system to complain about her treatment. Intolerable conditions of detention were also the proper basis for an application for judicial review. The applicants had available to them a range of causes of action, including negligence and misfeasance in public office. This was not a case where national law did not provide a viable cause of action at all. The fact that the applicants could not prove negligence on the facts did not mean that there was no remedy available. | 2 |
187. The applicants complained of a violation of Articles 3 and 5 of the Convention on account of the mental suffering caused by the disappearance of their relatives and the unlawfulness of their relatives’ detention. They further argued that, contrary to Article <mask> of the Convention, they had no available domestic remedies against the alleged violation of Article 2 of the Convention. The applicants in Mezhidovy v. Russia (no. 50606/08), Israilovy v. Russia (no. 58253/10), Shakhidova and Others v. Russia (no. 27066/09), Zaurbekovy v. Russia (no. 27987/12), Abdurzakova and Others v. Russia (no. 39694/12), and Askhabayeva v. Russia (no. 79940/12) also alleged a lack of effective domestic remedies in respect of their complaints under Articles 3 and 5 of the Convention. The invoked Articles read, in so far as relevant: | 2 |
30. The Government raised an objection, arguing that the applicant had not exhausted the domestic remedies available to him. 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 concerning the existence of an effective remedy within the meaning of Article <mask> of the Convention. It therefore considers that this objection raised by the Government under Article 6 § 1 of the Convention should be joined to the merits of the complaint under Article 13 of the Convention. It further notes that this part of the application is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible. | 2 |
32. The applicant company further complained under Articles 6 § 1 and 13 that the proceedings in its case were unfair, and about their outcome. It also alleged that the judges at the domestic courts lacked independence and impartiality. In its submissions lodged in 2008, the applicant company also complained that the Supreme Court, by examining the case in the absence of its representative, had violated its right to an effective remedy for the protection of its rights and deprived it of access to a court. The applicant company relied on Article <mask> of the Convention. | 2 |
70. The applicant also relied on Article <mask> of the Convention in respect of his complaints under Article 5 of the Convention. However, the Court considers that, as it relates to Article 5 § 1 of the Convention, this complaint should be understood as referring to the applicant's inability to effectively challenge his detention under Article 5 § 4 of the Convention and to the alleged lack of an enforceable right to compensation under Article 5 § 5 of the Convention. In addition, the Court observes that Article 5 §§ 4 and 5 of the Convention constitute lex specialis in relation to the more general requirements of Article 13 (see Nikolova, cited above, § 69, and Tsirlis and Kouloumpas v. Greece, judgment of 29 May 1997, Reports of Judgments and Decisions 1997‑III, p. 927, § 73). | 2 |
55. The applicant complained that the authorities’ refusal to institute criminal proceedings in respect of his complaints of ill-treatment in police custody and unlawful detention had made it impossible for him to be granted the status of “victim”, which could have entitled him to compensation for the alleged ill-treatment and unlawful detention. He relied on Article 13 in conjunction with Article 3 and 5 of the Convention. Article <mask> of the Convention reads as follows: | 2 |
121. The applicant complained under Article 5 § 1 (c) of the Convention that an arrest warrant issued against him during the criminal proceedings which ended on 4 February 2000 was unlawful. Furthermore, he complained under Articles 6 § 1 of the Convention that the criminal proceedings which ended on 4 February 2000 had been unfair, as had been the outcome of the proceedings which had ended with the final judgments of 12 November 2004, 13 July 2005 and 18 January 2006. Lastly, the applicant complained under Article <mask> of the Convention that the Vâlcea County Court had allegedly failed to consider his appeal during the course of the proceedings which ended with the final judgment of 12 November 2004. | 2 |
103. 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. In particular, the applicants had received reasoned replies to all their complaints lodged in the context of criminal proceedings. Besides, the applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in court. In sum, they submitted that there had been no violation of Article 13. | 2 |
157. The Government contended that the applicants had effective domestic remedies, as required by Article <mask> of the Convention, and that the Russian authorities had not prevented them from using those remedies. They had been granted victim status in the criminal proceedings and received reasoned replies to all their applications within the framework of the proceedings. At the same time, the applicants had not submitted their complaints concerning their allegedly unlawful detention, or any other complaints, to a court. The Government referred to a number of decisions of the courts in the Chechen Republic whereby complaints concerning the actions or inaction of prosecuting authorities had been allowed. | 2 |
30. 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 effectively in practice when it came to prison conditions and the treatment of prisoners. He cited Article <mask> of the Convention, which reads as follows: | 2 |
131. The applicants alleged a violation of Article <mask> of the Convention in respect of all the above complaints. The Court observes that they did not explain in any detail why they considered that they were denied effective domestic remedies for their grievances. Having regard to the circumstances of the case, the Court finds that the complaint is devoid of merit. It therefore rejects this complaint as manifestly ill-founded in accordance with Article 35 §§ 3 and 4 of the Convention. | 2 |
42. The applicant also vaguely alleged that he had not had an effective domestic remedy for his complaints pertaining to the conditions of his detention, in breach of Article <mask> of the Convention. The Court reiterates that a complaint may only be made under Article 13 in connection with a substantive claim which is “arguable” (see, for example, Hatton and Others v. the United Kingdom [GC], no. 36022/97, § 137, ECHR 2003‑VIII, with further references, and Ashworth and Others v. the United Kingdom (dec.), no. 39561/98, 20 January 2004). The Court has found that the applicant’s complaints under Article 3 of the Convention concerning the conditions of his detention in remand prison no. 16/1 are manifestly ill-founded and therefore inadmissible. It accordingly finds that that claim cannot be said to be “arguable” within the meaning of the Convention case-law (see Novikov v. Russia (dec.), no. 11303/12, § 40, 10 December 2013). | 2 |
80. The Government submitted that the investigation into the murder of the applicant’s sisters 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 to lodge court complaints about any acts or omissions of the investigating authorities. She could also have applied for civil damages. | 2 |
49. The applicant complained that the courts had lacked impartiality and had wrongly assessed the evidence. He was dissatisfied that he had not been awarded compensation and with the outcome of the proceedings in general. He invoked Article 6 § 1. However, the Court considers that this complaint should be examined under Article <mask> of the Convention, which reads as follows: | 2 |
40. The applicant also complained under Article <mask> of the Convention, taken in conjunction with Article 6 § 1 thereof, that the Makarska Municipal Court had not complied with the orders of the Split County Court and the Supreme Court to complete the enforcement proceedings within the specified time-limit. Therefore the remedies he had at his disposal were not effective. He relied on Article 13 of the Convention, which reads as follows: | 2 |
79. The Government concluded that applicants were obliged to exhaust a remedy which did not lack any reasonable prospect of success, even if they had doubts as to its effectiveness. The applicants in the case at hand should have thus contested the prosecutor’s decision to suspend the investigation before the Constitutional Court, which could have ordered the prosecuting authorities to investigate the events in conformity with the Convention, had that court found that that had not been the case. Moreover, the Government recalled that if a single remedy did not by itself entirely satisfy the requirements of Article <mask> of the Convention, the aggregate of remedies provided for under domestic law may do so (Kudła v. Poland [GC], no. 30210/96, § 157, ECHR 2000-XI; Čonka v. Belgium, no. 51564/99, § 75, ECHR 2002-I). Thus, the remedies available under civil law, the Police Act, and the State Liability made up for the lack of jurisdiction of the Constitutional Court to award compensation for violations of rights guaranteed by the Convention. | 2 |
18. The applicant complained, relying on under Article 1 of Protocol No. 1 and Article <mask> of the Convention, of the failure of the State to provide him with the flat allocated in compensation to his father. The Court is of the view that it suffices to examine the application under Article 1 of Protocol No. 1, which reads as follows: | 2 |
114. 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 Government referred to Article 125 of the Code of Criminal Procedure, which allowed participants in criminal proceedings to complain to a court about measures taken during an investigation. This was an effective remedy to ensure the applicants’ rights. The applicants had never made use of this possibility, which required the initiative of the participants in criminal proceedings, and thus the absence of court action could not constitute a violation of Article 13. | 2 |
39. The applicants complained under Article <mask> of the Convention that they did not have an effective remedy in relation to their complaint concerning the breach of their right to peaceful assembly. They also argued under Article 14 of the Convention, in conjunction with Article 11, that they had suffered discrimination in the enjoyment of their freedom of assembly as they had been refused permission to organise a demonstration in Taksim Square for public order reasons, while other mass demonstrations could be celebrated at the same location. | 2 |
10. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour and of the lack of any effective remedy in domestic law. They relied, expressly or in substance, on Article 6 § 1 and Article <mask> of the Convention. In applications nos. 54430/08, 69362/10, and 67231/11 they also relied on Article 1 of Protocol No. 1. These Articles, in so far as relevant, read as follows: | 2 |
75. The applicants may be understood to complain under Article 13 about the lack of an effective domestic remedy against the quashing by way of supervisory review of a judgment in their favour. The Court notes that Article <mask> of the Convention does not, as such, guarantee the right to appellate remedies in respect of a decision taken by way of supervisory review, and the mere fact that the judgment of the highest judicial body is not subject to further judicial review does not infringe in itself the said provision (see, in identical context, Murtazin, cited above, § 46). | 2 |
117. 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 not brought any complaints in relation to Ayub Takhayev’s kidnapping to courts of the Chechen Republic, Kabardino-Balkaria and Ingushetia or to the courts of the Stavropol, Krasnodar and Rostov Regions. Furthermore, the applicants could have brought civil claims for damages pursuant to Article 1069 of the Civil Code. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
215. The applicant complained that the failure of the Polish authorities to create a legal mechanism that would have allowed her to challenge the doctors’ decisions concerning the advisability of and access to prenatal examinations in a timely manner had amounted also to a breach of Article <mask> of the Convention. Had such a framework existed, it would have made it possible for her to consider whether she wanted to have the pregnancy terminated in the conditions provided for in the 1993 Act. | 2 |
169. 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 actions or omissions of the investigating authorities in court pursuant article 125 of the Code of Criminal Procedure. In addition, she could have lodged a civil claim for compensation in respect of non-pecuniary damage. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
98. The applicants complained that the judicial review proceedings in their case had been limited in scope because the domestic courts had no competence to verify the Federal Security Service’s sources of information. Moreover, the applicants had been informed in general terms only about the accusations levelled at the first applicant and had had no opportunity to refute those accusations. They relied on Article <mask> of the Convention, which reads as follows: | 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 actions or omissions of the investigating authorities in court and could also claim damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
110. The applicants further complained that because of their hasty expulsion they had been denied the possibility of claiming damages from the authorities for the latter's unlawful actions. In this connection, they complained under Article 6 and, with the exception of the third applicant, Ms Stankova, Article <mask> of the Convention. The Court considers that this complaint falls to be examined under Article 5 § 5 of the Convention, this being the lex specialis in the case of proceedings for compensation for unlawful detention. It reiterates in this connection that once a case has been duly referred to it, it is entitled to examine every question of law arising in the course of the proceedings and concerning facts submitted to its examination in the light of the Convention and the Protocols as a whole (see, inter alia, Guerra and Others v. Italy, 19 February 1998, § 44, Reports 1998-I, and Handyside v. the United Kingdom, 7 December 1976, Series A no. 24). Article 5 § 5 of the Convention reads as follows: | 2 |
31. The applicant complained that the length of the first set of proceedings had been incompatible with the “reasonable time” requirement, laid down in Article 6 § 1 of the Convention. The applicant also relied on Article <mask> of the Convention. The Court considers that the complaint must be examined solely under Article 6 of the Convention, which reads, in so far as relevant, as follows: | 2 |
134. The Government contended that the applicants had had effective domestic remedies, as required by Article <mask> of the Convention, and that the Russian authorities had not prevented them from using those remedies. The investigation into their relative’s disappearance was still pending. At the same time the applicants had not applied to the domestic courts with either civil claims or complaints concerning actions of the agents of the law-enforcement bodies. The Government referred to the domestic courts’ decisions over claims for pecuniary and non-pecuniary damage caused by offences committed by Russian servicemen in the North Caucasus Region. | 2 |
166. The applicants complained that, contrary to the requirements of Article <mask> of the Convention, in none of the cases described in the application had they been afforded an effective remedy before a national court. In no case had a prosecution been brought or any attempt made by the authorities to redress the rights of the applicants. They invoked in this connection Article 13 of the Convention, which states the following: | 2 |
135. 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 had an opportunity to challenge the acts or omissions of the investigating authorities in court pursuant to Article 125 of the Code of Criminal Procedure and have been able to avail themselves of it. They added that participants in criminal proceedings could also claim damages in civil proceedings and referred to cases where victims in criminal proceedings had been awarded damages from State bodies. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
16. The applicants complained under Article <mask> of the Convention of the absence of a remedy in the Turkish administrative law to enable claimants to increase the initial amount of their claim during the course of administrative proceedings. In that respect, they claimed that they had no available course of action to claim the remaining amount as established in the expert report of 14 June 2006. | 2 |
100. The applicant complained that she had not been afforded a fair hearing in respect of her application for reopening of her guardianship proceedings and had not been able to have her legal guardian changed. In support of her complaints, the applicant cited Articles 6 § 1 and 8 of the Convention. In addition, relying upon Article <mask> of the Convention, the applicant argued that she had not been afforded an effective remedy to complain of the alleged violations. | 2 |
86. The applicant further complained under Article 6 § 1 of a violation of his right to have his case heard within a reasonable time and under Article 6 § 2 of a breach of the principle of presumption of innocence. Lastly, the applicant invoked Article <mask> of the Convention, maintaining that his right to an effective remedy had been violated. | 2 |
101. 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. They added that participants in criminal proceedings could also claim damages in civil proceedings and referred to cases where victims in criminal proceedings had been awarded damages from state bodies, including the prosecutor's office. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
91. The applicant contended that he could not have effectively complained in court of the inadequate conditions of his detention and his ill-treatment. He could not have claimed compensation for the harm caused to him during the pre-trial investigation and trial, that being a matter outside the jurisdiction of the courts. The applicant submitted that he had availed himself of all judicial and non-judicial remedies that were at his disposal. However, the authorities had failed to carry out an effective investigation or to adequately pursue his complaints. He concluded that he had had no effective remedies in respect of his complaints under Article 3, in breach of Article <mask> of the Convention. | 2 |
55. The Government submitted that the investigation into the disappearance of Mr Abdurakhman Abdurakhmanov 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 appeal against alleged acts or omissions by the investigating authorities to domestic courts or to claim civil damages there. | 2 |
100. The applicant complained under Article 5 § 3 of the Convention that the length of his detention on remand was excessive. He further contended under Article <mask> of the Convention that there were no remedies in domestic law to challenge the length of his detention on remand. The Court considers that the complaint formulated under Article 13 of the Convention should be examined solely from the standpoint of Article 5 § 4 of the Convention. Article 5 § 3 and 4 provide as follows: | 2 |
32. The applicants complained, relying on Articles 13, 14 and 17 of the Convention, that they had been discriminated against and restricted in their procedural rights on the ground of their Russian nationality. The second applicant further complained, with reference to Article <mask> of the Convention and Article 1 of Protocol No. 1, about the allegedly unfavourable decision of the first-instance court. | 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. They referred to Article 125 of the Code of Criminal Procedure, which allowed participants in criminal proceedings to complain to a court about measures taken during an investigation. The applicants had never made use of this possibility, which required the initiative of the participants in criminal proceedings, and thus the absence of a court action could not constitute a violation of Article 13. | 2 |
88. 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 those remedies. The applicants had an opportunity to challenge the acts or omissions of the investigating authorities in court. They added that participants in criminal proceedings could also claim damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
83. The Government submitted that the investigation into the disappearance of Mr Akhmed Buzurtanov 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 challenge the alleged acts or omissions on the part of the investigating authorities before the domestic courts or to claim civil damages. | 2 |
161. 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 court. They added that participants in criminal proceedings were also able to claim damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
120. 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 court and they could also claim damages through civil proceedings. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
26. The applicants complained under Article 6 § 1 of the Convention that the length of the criminal proceedings brought against them had been unreasonable. They further complained under Article <mask> of the Convention that there were no domestic remedies available under Turkish law whereby they could challenge the excessive length of the criminal proceedings in question. The Government disputed these allegations. | 2 |
41. The applicant was able to obtain partial redress before the Constitutional Court which found a violation of Article 6 § 1, granted the applicant a certain sum as just satisfaction and ordered the ordinary court concerned to proceed with the case without further delay. In these circumstances, and having regard to its above finding under Article 6 § 1 of the Convention, the Court finds that it is not necessary to examine separately the applicant’s complaint under Article <mask> of the Convention. | 2 |
119. 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 court, which they had failed to do. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
67. 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 avenue for a complaint of inhuman and degrading treatment to which he was subjected by being deprived of effective medical care. Thus, the Court finds it necessary to join the Government’s objection to the merits of the applicant’s complaint under Article <mask> of the Convention. | 2 |
16. The applicants complained about the infringement of Article 6 § 1 and Article 1 of Protocol No. 1 caused by the lengthy non-enforcement of the judgments given in their favour against the Bailiffs. They also complained under Article <mask> of the Convention that they had no effective remedies for enforcing these judgments. The above provisions provide, insofar as relevant, as follows: | 2 |
57. The applicant complained under Article 6 §§ 1 and 3 (b) and (d) and Article <mask> of the Convention of the outcome and unfairness of the criminal proceedings against him, stating that the courts had not provided his mother with sufficient time to study the case materials and had not called an expert that he proposed; and under Articles 6 and 13 of the Convention of the outcome, unfairness and length of the proceedings against the tax authorities, of the commercial proceedings instituted by the tax authorities against him, and about the authorities’ refusal to institute criminal proceedings against several tax officers. Lastly, the applicant complained, without relying upon any provision of the Convention or providing any further details, that he had not been granted parole. | 2 |
157. 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 the opportunity to challenge the acts or omissions of the investigating authorities in court. They added that she could have claimed damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
28. The applicant complained that he had not had an effective remedy for the undue length of the restitution proceedings because it had taken too long for the Supreme Court to decide on his length complaint. The Court, being the master of the characterisation to be given in law to the facts of a case (see Tarakhel v. Switzerland [GC], no. 29217/12, § 55, ECHR 2014 (extracts)), considers that the applicant’s submissions should be analysed under Article <mask> of the Convention, which reads as follows: | 2 |
154. 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 domestic remedies against the alleged violations, in particular those under Articles 2 and 3 of the Convention. Those Articles read, in so far as relevant: | 2 |
58. The Government argued that Article <mask> of the Convention had been complied with in the present case. Firstly, they submitted that it had been open to the applicant to lodge a complaint with a prosecutor’s office. To demonstrate the effectiveness of that remedy, they referred to an example in the Kaluga region, where the local prosecutor’s office had in 2006 declared 13.1% of complaints about inadequate conditions of detention well‑founded, a proportion which had risen to 18% in the first half of 2007. They also submitted, without providing any further details, that in two detention facilities in the Vladimir and Khabarovsk regions, material conditions of detention had been improved following complaints to prosecutor’s offices. Secondly, the Government argued that it had been open to the applicant to institute civil proceedings before the domestic courts in relation to the pecuniary and non-pecuniary damage caused by the conditions of detention, as, in their submission, that avenue of recourse constituted an effective remedy within the meaning of Article 13 of the Convention. To illustrate their point, the Government stated that an unspecified number of individuals had successfully sought damages in the courts of the Perm region and Kazan. They further referred to the case of Mr S., who had been awarded RUB 250,000 by a domestic court for non‑pecuniary damage, and to that of Mr D. – already cited in connection with their plea of non‑exhaustion. Lastly, the Government stated that the applicant had failed to properly bring his civil claims in connection with the conditions of detention in the IVS. Referring to the Court’s case-law (see Whiteside v. the United Kingdom, Commission decision of 7 March 1994, application no. 20357/92, Decisions and Reports 76, p. 80), they pointed out that a mere doubt on the applicant’s part as to the prospects of success was not sufficient to exempt him from submitting his claim to any of the aforementioned national authorities with jurisdiction in such matters. | 2 |
48. The Government pointed out that the applicant had had preventive and compensatory effective domestic remedies at his disposal. In support of their argument, they provided copies of judicial decisions taken in response to the complaints and claims lodged by inmates against the remand prisons where they were detained. In particular, they presented a copy of the final judgment of 26 April 1999 whereby Mr P. was awarded RUB 1,000 in non-pecuniary damages for having been detained in overcrowded cells at remand prison no. IZ-35/1 in the Kaliningrad Region. They also submitted a copy of the final judgment of 16 April 2003, whereby Mr Z. was awarded RUB 7,000 in non-pecuniary damages for lack of adequate medical assistance in detention. In the Government's opinion, it had been open to the applicant, during the period of his detention, to bring his grievances to the attention of the administration of the remand prison or a prosecutor. Alternatively, he could have challenged the lawfulness of the alleged failure of the remand prison administration to ensure adequate conditions of his detention. The applicant, however, did not make use of those remedies. Instead, he chose to pursue a different avenue by bringing an action for damages against State authorities after his detention in the remand prison had ended. Domestic courts had thoroughly examined his complaints and had taken lawful and reasoned decisions. Accordingly, there was no violation of the applicant's rights under Article <mask> of the Convention. | 2 |
242. 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 court. They added that participants in criminal proceedings could also claim damages in civil proceedings and referred to cases where victims in criminal proceedings had been awarded damages from State bodies and, in one instance, the prosecutor’s office. In sum, the Government submitted that there had been no violation of Article 13. | 2 |
43. The Government argued that the applicant could have applied to a court for the lifting of the charging order in respect of his bus and sought compensation in respect of the loss allegedly sustained because of the impounding of the vehicle. The Government submitted that the seizure of the applicant’s bus had been lawful and that its aim had been to constitute security for the eventual penalty of confiscation of his property in relation to charges under Article 160 of the Criminal Code, if he were subsequently convicted by a court. The Government acknowledged that the investigator’s failure to order the release of the bus after the decision of 20 January 2006 had been unlawful. However, it had been remedied by the decision of 18 July 2006 taken by the deputy prosecutor of the Buryatiya Republic. In any event, the applicant had not made any effort between January and July 2006 in order to obtain release of his bus. As regards Article <mask> of the Convention, the Government submitted that the applicant had had an effective remedy, namely the possibility of challenging the investigator’s decision to seize the bus. The applicant had used that remedy, albeit without success. | 2 |
130. The applicant also complained under Article <mask> of the Convention that he did not have at his disposal effective domestic remedies for his Convention complaints. In the admissibility decision of 15 May 2006 the Court considered that this complaint fell to be examined only under Article 5 §§ 4 and 5 of the Convention, which are lex specialis in relation to the more general requirements of Article 13 (see, among other authorities, Nikolova, cited above, § 69, and Tsirlis and Kouloumpas v. Greece, judgment of 29 May 1997, Reports 1997‑III, p. 927, § 73). | 2 |
25. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion, prohibited by Article <mask> of the Convention taken together with Article 9. | 3 |
37. The applicant claimed that the reduction in her pension under the General Old Age Pensions Act constituted discrimination on the ground of sex prohibited by Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1, in that at the relevant time a married woman was only insured under the Act for periods when her husband was insured, whereas there was no equivalent rule for married men. | 3 |
26. The applicant complained of discrimination contrary to Article <mask> of the Convention as a result of the refusal to give him translations into Russian of the decision of 8 December 2003 and of other documents. The Court notes, however, that this complaint was lodged on 21 December 2004, that is, more than a year after he was allegedly not given translations of the relevant documents. This complaint was thus introduced outside the time-limit set by Article 35 § 1 of the Convention and must be rejected as inadmissible pursuant to Article 35 § 4 of the Convention. | 3 |
100. The Government said that the applicant company had brought proceedings in the tribunal with a view to challenging the public authorities' actions and that the applicant company's treatment by the domestic courts and tribunals had not been discriminatory. They further argued that the applicant company had provided insufficient information to substantiate its complaint under Article <mask> of the Convention. | 3 |
25. The applicant complained under Article 3 § 2 of Protocol No. 4, Article 2 of Protocol No. 4 and Article <mask> of the Convention that, following the termination of his employment in 2004, he could not return to Russia from the Baikonur launch site in Kazakhstan or visit his ailing father or his mother's grave in Ukraine or go to any other visa-free CIS country, owing to the absence of a travel document. The Court considers that this complaint falls to be examined from the standpoint of Article 2 §§ 2 and 3 of Protocol No. 4 which provides as follows: | 3 |
50. The applicant alleged in the present case that, in the exercise of her right under the domestic law, she had been discriminated against on the ground of her sexual orientation. The latter is a concept covered by Article <mask> of the Convention (see Salgueiro da Silva Mouta v. Portugal, no. 33290/96, § 28, ECHR 1999-IX). The Court also points out that in Fretté v. France (cited above), to which the parties expressly referred, the applicant complained that the rejection of his application for authorisation to adopt had implicitly been based on his sexual orientation alone. The Chamber found that Article 14 of the Convention, taken in conjunction with Article 8, was applicable (§ 33). | 3 |
25. The applicant, who owns land included in the hunting grounds of an approved municipal hunters’ association, complained of the fact that, as he was not opposed to hunting for ethical reasons and the surface area of his land fell below a certain threshold, he was unable to have the land removed from the association’s hunting grounds in order to derive benefit from it by leasing it for hunting. He alleged discrimination on the ground of property, relying on Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1. These two provisions read as follows: | 3 |
51. The applicant complained under Article <mask> of the Convention that he had been discriminated against on the ground of his gender and under Article 5 of Protocol No. 7 about lack of equality between spouses because his former wife had been granted full custody over the child while he had been deprived of access to his daughter. He also complained under Article 13 of the Convention that he had had no effective remedies in relation to his complaint under Article 8 of the Convention. Relying on Article 17 he asserted that the deprivation of access rights to his child had not pursued any legitimate aims. | 3 |
61. The Government have relied in particular upon the Court's conclusion in Gerger, cited above, that the distinction in that case was made not between different groups of people but between different types of offence, according to the legislature's view of their gravity, to support their argument that the applicant is unable to demonstrate that he enjoyed “other status”. The Court observes that the approach adopted in Gerger has been followed in a number of cases, but all concerned special court procedures or provisions on early release for those accused or convicted of terrorism offences in Turkey (see, for example, Budak and Others, cited above; Yılmaz and Barım, cited above; Akbaba v. Turkey, no. 52656/99, § 28, 17 January 2006; and Tanrıkulu and Deniz v. Turkey, no. 60011/00, § 37, 18 April 2006). Thus while Gerger made it clear that there may be circumstances in which it is not appropriate to categorise an impugned difference of treatment as one made between groups of people, any exception to the protection offered by Article <mask> of the Convention should be narrowly construed. In the present case the applicant does not allege a difference of treatment based on the gravity of the offence he committed, but one based on his position as a prisoner serving a determinate sentence of more than fifteen years. While sentence length bears some relationship to the perceived gravity of the offence, a number of other factors may also be relevant, including the sentencing judge's assessment of the risk posed by the applicant to the public. | 3 |
41. The applicants complained that as children born outside marriage they had been unable to assert their inheritance rights and had thus been discriminated against when compared to children born within marriage. The Court considers that their complaint falls to be examined under Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1, which read respectively as follows: | 3 |
41. The applicant churches complained that they had been discriminated against because, unlike other religious communities with which the Government of Croatia had concluded agreements on issues of common interest, as referred to in section 9(1) of the Religious Communities Act, they were not: (a) allowed to provide religious education in public schools and nurseries, (b) allowed to provide pastoral care to their members in medical and social-welfare institutions, prisons and penitentiaries, or (c) entitled to have religious marriages they performed recognised by the State as equal, in terms of their legal effects, to civil marriages. In particular, they argued that certain religious communities such as the Bulgarian Orthodox Church, the Croatian Old Catholic Church and the Macedonian Orthodox Church, which did not satisfy the criteria set forth in the Government’s Instruction of 23 December 2004, had nevertheless concluded agreements with the State and were thus allowed to provide the above religious services and were entitled to the official recognition of religious marriages performed by them. They relied on Article <mask> of the Convention, taken together with Article 9. Those Articles read as follows: | 3 |
124. The applicants alleged a violation of Article <mask> of the Convention in that prejudice and hostile attitudes towards persons of Roma origin had played a role in the events leading up to the deaths of Mr Angelov and Mr Petkov. They also argued that the authorities had failed in their duty to investigate possible racist motives in their killing. The Government disputed the applicants' allegations. | 3 |
27. The applicants complained that, in determining inheritance rights, the High Court of Justice and the Constitutional Court had breached the applicants’ right to respect for their private and family life by unjustifiably discriminating against the first applicant on the ground of his filiation. They submitted that this had resulted in a violation of Article <mask> of the Convention taken in conjunction with Article 8. | 3 |
49. The applicant complained that the police raid at her house constituted an unjustified interference with her right to respect for her private life and her home. She submitted that the police had entered her house, stolen her money and thrown her daughter's picture on the floor. In addition, the applicant complained that she had been discriminated against on account of her ethnic origin, in breach of Article <mask> of the Convention. Finally, the applicant complained that her constant harassment by police officers and the criminal proceedings instigated against her constituted pressure on her to withdraw her application and an interference with the exercise of the right of individual petition. | 3 |
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