text stringlengths 332 3.61k | label int64 0 12 |
|---|---|
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 U... | 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 domesti... | 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 refuse... | 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 s... | 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... | 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... | 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, cit... | 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 inve... | 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 effe... | 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 Art... | 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 furthe... | 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 par... | 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... | 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 d... | 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 membe... | 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 Art... | 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 proc... | 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 breac... | 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... | 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 a... | 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 h... | 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... | 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 Conventio... | 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 ... | 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 milit... | 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 c... | 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 d... | 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 comp... | 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 app... | 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 domesti... | 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 concernin... | 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 ... | 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 h... | 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-trea... | 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 h... | 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 cr... | 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 the... | 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 effe... | 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 ... | 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 i... | 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 invest... | 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 und... | 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. Therefor... | 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 Constitut... | 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, whic... | 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 crimina... | 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 discrimin... | 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 67... | 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... | 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 Cheche... | 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. ... | 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 cour... | 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 th... | 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... | 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> o... | 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 Ar... | 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 applic... | 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 ri... | 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 purs... | 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 ... | 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, relyin... | 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 effecti... | 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. ... | 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 cou... | 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 inv... | 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 complain... | 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... | 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 proceedi... | 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 c... | 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 ... | 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 co... | 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 co... | 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 e... | 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 i... | 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... | 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 deg... | 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 ju... | 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 propo... | 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... | 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. ... | 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 do... | 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, ... | 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 detaine... | 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 co... | 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 l... | 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 Conv... | 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, prohi... | 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 th... | 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... | 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... | 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 U... | 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 19... | 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’... | 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 t... | 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 i... | 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... | 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 r... | 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... | 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 t... | 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... | 3 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.