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111. The applicant initially complained under Article <mask> of the Convention that if returned to Uzbekistan he would run a real risk of being subjected to ill-treatment in breach of Article 3 of the Convention. His representatives further supplemented his complaint, submitting that there had been a violation of Article 3 on account of his secret transfer to Uzbekistan, which could only have been achieved with the active or passive involvement of the Russian authorities, and that the authorities had failed to conduct an effective investigation. Article 3 reads as follows: | 5 |
31. The applicant disagreed and claimed that her lawyer had complained twice to the domestic courts about the inadequacy of the medical assistance available to her as an epileptic. She submitted copies of the complaints made to the investigating judge and the Chişinău Court of Appeal in which her lawyer had asked for her release in order for her to obtain the medical assistance required by her illness, relying on Article <mask> of the Convention. Moreover, she had allegedly made verbal complaints to the prison administration, but to no avail. | 5 |
69. The applicant complained that the judgment in his favour had not been enforced in good time. He relied on Article <mask> of the Convention. The Court will examine the complaint under Articles 6 § 1 of the Convention and Article 1 of Protocol No. 1. The Court also decided, of its own motion, to examine this issue under Article 13 of the Convention. The relevant provisions of the Convention read, in so far as relevant, as follows: | 5 |
54. The applicant maintained that the ill-treatment to which he had been subjected amounted to torture. The Government did not comment. The Court observes that the applicant sustained multiple injuries to his chest, left leg and foot. The injuries must have caused him mental and physical suffering. Moreover, it appears that the use of force was aimed at debasing the applicant, driving him into submission and making him confess to a criminal offence. Therefore, the Court finds that the treatment to which the applicant was subjected was sufficiently serious to be considered inhuman and degrading within the meaning of Article <mask> of the Convention. | 5 |
109. The applicants relied on Article <mask> of the Convention, submitting that, as a result of their relative's disappearance and the State's failure to investigate it properly they had endured psychological distress in breach of Article 3 of the Convention. The second applicant also complained under this Convention provision that she had been subjected to ill-treatment by the servicemen who had abducted Isa Aytamirov and that the authorities had not carried out an effective investigation of the alleged ill-treatment. Article 3 reads: | 5 |
65. The Government submitted that the allegation that the applicant would suffer political persecution had been checked by the Russian courts when examining his appeals against the extradition order and had been rejected as unfounded. The Russian courts had relied on the statement from the Uzbek authorities that there would be no risk of ill‑treatment for the applicant if he were extradited to Uzbekistan. With reference to assurances from their Uzbek counterparts the Government argued that the applicant would not be subjected to ill-treatment or punishment contrary to Article <mask> of the Convention. | 5 |
34. The Government argued that the applicant had had effective domestic remedies in respect of his complaint of ill-treatment under Article <mask> of the Convention, as required by its Article 13, but he had not availed himself of those remedies. In particular, they contended that he could have challenged the decisions of 11 September 2003 and 1 March 2004 before a court, in accordance with Article 125 of the Russian Code of Criminal Procedure, but he had never used that remedy. They also argued that the applicant would be able to receive compensation for pecuniary and non-pecuniary damage in criminal or civil proceedings if the guilt of those responsible for inhuman treatment in his respect was established by a final and binding court decision. | 5 |
381. The Government disputed the applicant’s argument that his request for a stay of execution had no chance of succeeding, producing five of the Board’s judgments from 2008 and 2009 ordering the suspension of transfers to Greece under the extremely urgent procedure on the ground that, in view of the gravity of the applicants’ complaints under Article <mask> of the Convention, the order to leave the country was not, prima facie, sufficiently well-reasoned. According to the Government, it was always in the applicants’ interest to proceed with their applications for judicial review so as to give the Aliens Appeals Board and then the Conseil d’Etat an opportunity to propose a solution and analyse the lawfulness of the impugned measures. | 5 |
57. The Government contested that argument. They considered that the conditions of the applicant’s detention in the special detention centre in Ivanovo had been in compliance with the standards set out in Article <mask> of the Convention. It was impossible to provide any data concerning the daily population of the cells in the detention centre, since the applicable national legislation did not require such data to be kept. In any event, the personal space afforded to the applicant had at all times been in compliance with domestic standards. The Government’s submissions were based on a report prepared by the district prosecutor’s office on 22 February 2012. | 5 |
58. The applicant argued that in view of the severity of the attack against him and the injuries he had sustained, Article 3 was applicable to the present case. As to the compliance of the State with its positive obligations under Article <mask> of the Convention, the applicant argued that real and effective protection from the act of ill-treatment required effective investigation and prosecution. In this connection he stressed that the State’s positive obligation could not be limited to merely conducting an investigation. An investigation did not serve any purpose on its own, nor, alone, did it provide any protection against and redress for ill-treatment where it was not accompanied by effective follow-up. He maintained that the State authorities had failed to conduct an effective investigation into his case and that they had also failed to apply the relevant criminal-law mechanisms in an adequate manner. The investigating authorities had failed to act effectively and numerous mistakes and delays had occurred, causing the prosecution to become time-barred. In the applicant’s view, the time-barring itself amounted to a violation of Article 3 of the Convention. Although the assailants had admitted in their interviews with the police that they had hit the applicant, the State Attorney’s Office had brought a criminal prosecution against only one of them, B.B. | 5 |
13. The applicant complained that the conditions of his detention in the remand section of Ljubljana prison amounted to a violation of Article <mask> of the Convention. In particular, he complained of severe overcrowding which had led to a lack of personal space, poor sanitary conditions and inadequate ventilation, as well as excessive restriction on out-of-cell time, high temperatures in the cells and inadequate health care. | 5 |
17. The applicant complained under Article <mask> of the Convention that he had been subjected to torture whilst in police custody. Relying on Articles 6 and 13, he further alleged that he had been denied a fair trial and an effective remedy in respect of his ill-treatment complaint. He maintained, in particular, that the national authorities had failed to carry out an effective official investigation capable of establishing the facts and identifying and punishing those responsible for torturing him. | 5 |
43. The Government argued that in the internal enquiry held following the applicant’s complaint to the Supreme Court about the alleged breach of his voting rights, the complaints as to the verbal insults of the prison guards proved untrue as the prison guards denied the applicant’s allegations. The Government emphasised that the Supreme Court in its decision of 27 October 1993, had carefully assessed the circumstances of the case and found no breach of the applicant’s voting rights. The Government concluded that there had been no violation of Article <mask> of the Convention. | 5 |
30. The applicant complained that the authorities had failed to effectively investigate and prosecute the individuals who had assaulted him. He invoked Articles 6 § 1 and 13 of the Convention. The Court, being the master of the characterisation to be given in law to the facts of a case (see, among other authorities, Scoppola v. Italy (no. 2) [GC], no. 10249/03, § 54, 17 September 2009, and Tarakhel v. Switzerland [GC], no. 29217/12, § 55, ECHR 2014 (extracts)) considers that this complaint falls to be examined under the procedural limb of Article <mask> of the Convention, which reads as follows: | 5 |
29. The applicant complained that the conditions of his detention in Valmiera Prison had been inhuman and degrading, in breach of Article <mask> of the Convention. In particular, he submitted that as a result of the prison administration’s refusal to provide him with personal hygiene products such as toilet soap, a toothbrush, toothpaste and toilet paper he had constantly felt dirty and humiliated. He also alleged that the toilets were not separated from the rest of the cell. | 5 |
21. The applicant alleged that, in the course of his detention in the custody of the Istanbul police headquarters between 6 and 20 November 1992 (see paragraphs 6‑7 above), he had been subjected to serious forms of torture in violation of Article <mask> of the Convention. He further alleged that he had been detained in police custody for a period of 14 days before being brought before the judge at the Istanbul State Security Court on 20 November 1992. In the applicant's opinion, he had not been brought promptly before the judge, in violation of Article 5 § 3 of the Convention. Finally, the applicant alleged that his inability to benefit from early release pursuant to Law no. 4616 on account of the fact that he had been convicted under Article 168 of the Criminal Code (see paragraph 8 above), violated his rights under Article 5 § 1 (a) of the Convention in conjunction with Article 14 of the Convention. | 5 |
72. The applicants complained that none of the domestic authorities had reviewed the merits of their claim that they faced treatment contrary to Article <mask> of the Convention in their country of origin. At the same time the requests for judicial review of the decisions not to grant them asylum had had no automatic suspensive effect. Replying to an objection of the Government on the ground that he had withdrawn his request for a judicial review in the asylum proceedings, the first applicant stated that this had been due to the fact that he had already been held at the airport for a long time and he intended to lodge a new asylum application by which he hoped to be released from the airport reception centre. However, he had not been able to do so while his original application had been pending. | 5 |
62. The Government listed the cells in which the applicant was kept in the Gdansk Detention Centre. They acknowledged that between 29 August and 1 September 2005 and between 12 and 15 September 2005 the space per person in the applicant’s cells had been inferior to 3m². They argued, however, that the applicant had not suffered inhuman or degrading treatment which attained the minimum level of severity within the meaning of Article <mask> of the Convention. | 5 |
36. The applicant complained under Article <mask> of the Convention that while in police custody he had been subjected to ill-treatment amounting to torture. He further complained that the authorities had failed to carry out a serious and impartial investigation into his allegations of ill‑treatment and that they had thus deprived him of an effective remedy within the meaning of Article 13 of the Convention. | 5 |
60. The Government argued that their obligations under Article <mask> of the Convention had been fully discharged. As regards the applicant’s medical treatment, they submitted that shortly after his very first complaint to the resident doctor in October 2013, he had been subjected to an in-depth medical examination and had received comprehensive medical treatment comprising injections, a drug regimen and physiotherapy. The authorities had used their utmost efforts to restore his health. In support of their arguments the Government submitted the applicant’s complete medical file. | 5 |
38. The applicant complained that his detention at the Güzelçamlı gendarmerie station was unlawful and thus in breach of Article 5 § 1 (f) of the Convention. He also alleged under Article 5 §§ 2 and 4 of the Convention that he had not been provided with information at any stage of his detention regarding the reasons for his deprivation of liberty, its maximum length or any means of challenging it. Lastly, he maintained under Article <mask> of the Convention that the conditions in which he was detained at the Güzelçamlı gendarmerie station, coupled with the mental anguish arising from lack of communication with the outside world, the uncertain length of the detention and the risk of being deported, amounted to inhuman and degrading treatment. | 5 |
284. The Government submitted that the claims were exorbitant, that the amounts sought were far higher than any previous awards made by the Court in conditions-of-detention cases in Bulgaria. In their view, the mere finding of a violation would amount to sufficient just satisfaction for any non-pecuniary damage suffered by the applicants, especially in relation to the alleged breach of Article <mask> of the Convention flowing from Mr Harakchiev’s whole life sentence. The Government noted that Mr Harakchiev had served less than ten years of his sentence and, having shown no signs of remorse or rehabilitation, was not in a position to seek a modification of his prison regime or an adjustment of his sentence. | 5 |
49. The applicant submitted that her injuries were serious enough to bring the case within the scope of Article <mask> of the Convention, with special regard to her sex, the unlawful nature of the policeman’s action and that she, being a foreigner, did not speak Hungarian. She had, therefore, not understood what was happening. Concerning the mental effects, she submitted that she had felt deeply humiliated and had experienced considerable psychological trauma, which had resulted in her decision to leave Hungary. | 5 |
123. The applicants relied on Article <mask> of the Convention, submitting that during and after his abduction Bashir Mutsolgov had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention and that the authorities had failed to investigate that allegation. They also submitted that, as a result of their relative's disappearance and the State's failure to investigate it properly, they had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads: | 5 |
36. The Government went on to say that since the amount of time that the applicant had spent in police detention had been quite brief, the conditions of that detention had not reached the threshold of severity under Article <mask> of the Convention. They also disputed parts of the applicant’s account of the conditions in the pre-trial detention facility and of the medical care provided to him there. | 5 |
84. The Government also reiterated that the reason why the domestic authorities had refused to reopen criminal case no. 50207598 was not because the violation of Article <mask> of the Convention had been established in a unilateral declaration submitted by the Government and accepted by the Court, but because the unilateral declaration did not and could not contain any new facts or evidence that could be used in the investigation to remedy the shortcomings which had led the Government to concede a violation of Article 3. | 5 |
12. The Government submitted a unilateral declaration on 26 September 2014. In particular, they acknowledged that the conditions of detention in the remand centre had not complied with the requirements of Article <mask> of the Convention, and expressed their readiness to pay the applicant 3,765 euros (EUR) as just compensation. They further requested the Court to strike the application out of the list of cases in accordance with Article 37 of the Convention. The remainder of the declaration read as follows: | 5 |
34. The Government pointed out that the applicant had already been awarded damages in the domestic proceedings on account of the poor living conditions in Varna Prison for the period from 25 February 2003 to 19 April 2004. They further argued that he had failed to exhaust domestic remedies, as it had been open to him to seek damages in respect of the remaining period of his detention in that prison. They cited a number of judgments in which domestic courts had awarded damages in connection with poor conditions of detention. Furthermore, the Government were of the view that the suffering inflicted on the applicant had not reached the minimum level of severity required under Article <mask> of the Convention. They maintained that the conditions in which the applicant had been detained in Varna Prison had been the same for all prisoners and therefore had not revealed any intention of humiliating the applicant. | 5 |
38. The applicant complained that the conditions of his detention in temporary detention facility IZ-47/1 from 23 December 2002 until 8 October 2010, including his detention in solitary confinement from 10 December 2008 to 8 October 2010, as well as the conditions of his detention in correctional facility IK-56 from 4 November 2010 onwards had amounted to a breach of Article <mask> of the Convention. He also complained under the same Convention provision that the Russian authorities had placed him in solitary confinement and thus in social isolation, and that they had taken no steps to safeguard his health and well-being, failing to provide him with adequate medical care. Article 3 of the Convention reads as follows: | 5 |
55. The Government submitted that there had been no violation of Article <mask> of the Convention on account of the conditions of detention of M.S.A. and R.K. in the detention centre for foreign nationals, because the conditions of their detention had been in full compliance with the domestic standards regulating such centres. The Government also submitted that the duration of their stay there had been relatively short, but did not make any further observations on the merits of the present complaint. | 5 |
62. The Government further submitted that they had not been able to duly examine the applicant’s description of the conditions of detention and to substantiate their own position because the relevant documents had been destroyed after the expiry of the relevant statutory time-limits. Therefore, the case should not be examined solely on the basis of information provided by the applicant unless it was supported by relevant material. The applicant could have obtained such documents if he had applied to a domestic court for compensation in respect of damage sustained as a result of the allegedly poor conditions of detention. The Government pointed out, referring to the case of Shilbergs v. Russia (no. 20075/03, 17 December 2009), that the effectiveness of such a remedy was not in doubt. The analyses in the domestic case-law showed that Russian citizens had actively applied that remedy. A number of persons in the Perm and Kazan regions had obtained compensation for damage sustained as a result of unacceptable conditions of detention. In the case of Mr. S., the Yoshkar-Ola Town Court of the Republic of Mariy-El had acknowledged that there had been a violation of Article <mask> of the Convention and made an award for non-pecuniary damage in the amount of 250,000 Russian roubles (RUB). Mr D. had been awarded compensation for non-pecuniary damage in the amount of RUB 25,000. | 5 |
30. The applicant complained under Article <mask> of the Convention that in 1998 the police officers had beaten him up and forced him to confess. He further complained, under Article 6 § 3 (b) and (c) of the Convention, about the restrictions on his right to defend himself through legal assistance of his own choice. He also complained, under Article 6 § 3 (d), of the Convention that the court did not hear the defence witnesses until two years after the criminal proceedings had been instituted. | 5 |
50. The applicants complained under Article <mask> of the Convention that they had endured mental suffering because of the national authorities’ reaction to the disappearance of Mr Balavdi Zhebrailov and their failure to investigate it properly. The third applicant complained under the same Convention provision that he had been subjected to ill-treatment after his abduction and that the national investigation into the matter had not been adequate. Article 3 reads: | 5 |
54. The Government submitted that they had indeed applied close and rigorous scrutiny to ascertain all relevant facts to establish that the applicant would not be at risk of treatment contrary to Article <mask> of the Convention if expelled to Sudan. Regarding the overall credibility of the applicant’s submissions, the Government submitted that his statements regarding the itinerary he had taken while fleeing were only one piece of evidence, among others which raised doubts about the alleged persecution the applicant would face if returned to Sudan. As established in the first asylum proceedings, the applicant had also made inconsistent and contradictory statements about the name of the village where he claimed to have grown up and had further lacked basic knowledge of the region he claimed to originate from. | 5 |
47. The Government further argued that they themselves had responded to the three questions put by the Court on 27 March 2015. In this connection, the Court notes that, in view of the vital role played by interim measures in the Convention system, they must be strictly complied with by the State concerned. The Court therefore cannot conceive of allowing authorities to circumvent an interim measure, such as the one indicated in the present case, by replacing expert medical opinion with their own assessment of an applicant’s situation. However, that is exactly what the Government have done in the present case. In so doing, the State has frustrated the purpose of the interim measure, which was to enable the Court, on the basis of relevant, independent medical opinion, to effectively respond to and, if need be, prevent the possible continued exposure of the applicant to physical and mental suffering in violation of the guarantees of Article <mask> of the Convention (see Khloyev v. Russia, no. 46404/13, § 67, 5 February 2015, and Salakhov and Islyamova v. Ukraine, no. 28005/08, § 222, 14 March 2013). | 5 |
62. The Government argued that a number of effective remedies had been open to the applicant in order to complain about the alleged violation of his rights under Article <mask> of the Convention on account of lack of adequate medical care in detention, in compliance with Article 13 of the Convention. They cited, in particular, “a possibility of lodging applications with the State authorities and courts”. However, the applicant had failed to use them. The Government further submitted that should the Court find that the applicant had exhausted domestic remedies, his complaint was in any event manifestly ill-founded as the applicant had been provided with appropriate medical assistance during his detention in remand prison. | 5 |
27. The Government submitted that the applicant did not stay in the Kopeysk IVS continuously, but rather for short periods of up to three days. Furthermore, he was often taken out of the cell to take part in investigations or to attend court hearings. The applicant had sufficient personal space at this disposal and also had had the right to one hour of outdoor exercise daily. Although the cells did not have tables or bed linen, the conditions of the applicant's detention were generally compatible with Article <mask> of the Convention. | 5 |
42. The Government argued that the applicant had not exhausted domestic remedies with regard to his complaint under Article <mask> of the Convention. He failed to bring a civil action for compensation under Articles 23 and 24 read in conjunction with Article 448 of the Civil Code whereby persons deprived of their liberty who had suffered a violation of their personal rights as a result of the conditions of their detention may bring a civil action against the State Treasury. They provided some examples of the domestic practice in this respect. | 5 |
89. The Government considered that the medical treatment prescribed and administered to the applicant had been in compliance with the requirements set forth in Article <mask> of the Convention. The applicant had been under regular medical supervision and had received the necessary medication. His condition could be said to be satisfactory and stable. On the other hand, in the Government’s opinion, the applicant had been negligent in following the prescribed treatment. In particular, on several occasions he had refused to undergo antiretroviral therapy. As regards his tuberculosis infection, in the Government’s opinion, the applicant had contracted it prior to being remanded in custody. The reactivation of tuberculosis during the applicant’s detention had been provoked by HIV. | 5 |
35. The applicant complained under Article <mask> of the Convention that police officers had subjected him to torture in order to force him to confess to a crime. He argued that he could still claim to be a victim of a violation of Article 3 because the authorities had failed to carry out an effective investigation, and the amount of compensation was disproportionate to the suffering he had endured. Article 3 of the Convention reads as follows: | 5 |
98. The Government conceded that remand centre IZ-77/2 had been overcrowded at the time of the first applicant’s detention. According to the information provided by them, the first applicant was afforded from 1.4 to 2 sq. m of floor space in cell no. 6 and from 1.2 to 1.4 sq. m of floor space in cell no. 122. In this connection the Court reiterates that in a number of cases in which detained applicants usually had less than three and a half square metres of personal space, it has already found that the lack of personal space afforded to them was so extreme as to justify, in itself, a finding of a violation of Article <mask> of the Convention (see Guliyev, cited above, § 32; Lind v. Russia, no. 25664/05, § 59, 6 December 2007; Kantyrev v. Russia, no. 37213/02, §§ 50-51, 21 June 2007; Andrey Frolov v. Russia, no. 205/02, §§ 47-49, 29 March 2007; Labzov v. Russia, no. 62208/00, § 44, 16 June 2005; and Mayzit v. Russia, no. 63378/00, § 40, 20 January 2005). The Court is also mindful of the fact that the cells in which the first applicant was detained contained some furniture and fittings, such as bunk beds and the lavatory, which must have further reduced the floor surface available to him. In the absence of any information as to whether the first applicant was afforded daily exercise, the Court concludes that he was detained in the cramped conditions described above day and night for one year and four months. | 5 |
53. The Government maintained that the applicant had failed to substantiate his complaints under Article <mask> of the Convention. They noted that the applicant had stated his concerns of ill-treatment after the decision on extradition had already been taken. These allegations had been examined by appeal courts at two levels of jurisdiction and dismissed. The Government further relied on the decision of the FMS by which the applicant's request for refugee status had been found unsubstantiated. Lastly, the Government relied on the assurances provided by the Belarusian authorities covering the applicant's concerns. | 5 |
87. The Government disagreed with these allegations and argued that there was no evidence that Mr Ramzan Guluyev had been subjected to inhuman or degrading treatment prohibited by Article <mask> of the Convention. As for the applicants, the investigation had not established that they had been ill-treated by representatives of the State. They emphasised in this regard that the first applicant had not appeared for the medical examination. Likewise, since it had not been established by the domestic investigation that Mr Ramzan Guluyev had been abducted by State agents, the applicants' mental suffering could not be imputable to the State. | 5 |
77. The applicant complained that his conditions of detention from 23 to 27 September 2007 had been harsh in that he had been deprived of food and water, had not been provided with any bedding, had been forced to spend nights outside on a concrete walkway, and his hands had been handcuffed at all times. Article <mask> of the Convention reads as follows: | 5 |
20. The applicant complains that the searches of her house on 10 April 2001 and 30 May 2002 and the related incidents, in particular that involving the spray-inhaler, amounted to inhuman treatment in breach of Article <mask> of the Convention and/or an infringement of her right to respect for her private life, in breach of Article 8 of the Convention. | 5 |
112. The Government submitted that since the circumstances in which the applicants had been injured had not yet been established by the investigation, there were no grounds to consider that they had been subjected to inhuman or degrading treatment in violation of Article <mask> of the Convention. In the Government’s view, the investigation had been in compliance with Convention requirements. | 5 |
28. The Government contested the applicant’s allegation. They submitted that, during his interrogation on 10 February 1999, the applicant complained of irritation and itching on his arms, requesting that a doctor should see him for his dust allergy. He was taken to the hospital on the same day, where ‘surface erythema and scrapes on the proximal part of both arms’ were reported. They further maintained that there was a clear disproportionality between the described torture alleged by the applicant and the findings of the two medical reports, which described similar findings on the arms. Furthermore, these cannot be regarded as demonstrating the level of severity required for a violation of Article <mask> of the Convention. | 5 |
37. The Government further submitted that an inquiry into the applicant’s allegations of ill-treatment had been commenced on the day on which the relevant information had been received by the authorities. They pointed out that in the context of that inquiry a medical forensic examination of the applicant had been carried out without undue delay. Also, during that inquiry the authorities had interviewed police officers who had been involved in the applicant’s arrest, and had examined the medical register of the IVS of the Department of the Interior of the Kirov Region. The Government also argued that the inquiry had been carried out by a body independent of the officials against whom the applicant’s allegations were directed. They stated that no evidence had been obtained as a result of the inquiry to enable the authorities to institute criminal proceedings in connection with the applicant’s allegations. In their opinion, the domestic inquiry met the requirements of Article <mask> of the Convention. | 5 |
145. The applicant complained under Article <mask> of the Convention that she had been subjected to inhuman and degrading treatment as a result of the doctors’ intentional failure to provide necessary medical treatment in the form of timely prenatal examinations that would have allowed her to take a decision as to whether to continue or terminate her pregnancy within the time-limit laid down by the 1993 Act. She also complained that the doctors had treated her in a dismissive and contemptuous manner, repeatedly criticising her for her efforts to have prenatal tests carried out and for the fact that she had envisaged an abortion as a possible solution to her predicament. | 5 |
33. The Government considered that the applicant had not been subjected to inhuman or degrading treatment in contravention of Article <mask> of the Convention. The conditions of his detention in the remand prison had been in compliance with statutory standards as regards hygiene, heating and water supply. However, the Government conceded that the remand prison where the applicant had been detained had been overcrowded and the statutory requirement of 4 square metres per inmate had not always been complied with. | 5 |
23. The applicant complained that on 29 October 2000 he had been subjected to treatment incompatible with Article <mask> of the Convention and that the authorities had not carried out an effective investigation of that incident. The Court will examine this complaint from the standpoint of the State’s negative and positive obligations flowing from Article 3, which reads as follows: | 5 |
49. The applicant complained under Article <mask> of the Convention of the poor conditions of his detention in IZ-77/5, in the holding room at the Moscow City Court and during transfers to and from the prison. He also alleged that he had been subjected to ill-treatment by the police during the dispersal of the demonstration on 6 May 2012 and that there had been no effective investigation following his complaint about it. Article 3 of the Convention reads as follows: | 5 |
221. The applicant complained that the treatment to which he had been subjected by reason of the manner in which the authorities had handled the investigation had amounted to inhuman and degrading treatment. As already stated above (see paragraphs 88-89), the Court will examine this complaint under the substantive head of Article <mask> of the Convention. The provisions of this article are described above (see paragraph 91). | 5 |
243. The Government considered that the applicant’s argument that there was a duty to investigate allegations of torture was not relevant: Jordan was not a Convention Contracting State so there was no positive obligation on Jordan to investigate breaches of Article <mask> of the Convention. Similarly, although it was difficult for a Jordanian defendant to show that a confession made to the Public Prosecutor was not voluntary (because the burden of proof was on him and not the Prosecutor), SIAC had found it was acceptable for Jordanian law to proceed this way. It had also found that a Jordanian court’s decision which applied that burden of proof would not be manifestly unreasonable or arbitrary and thus no flagrant denial of justice would arise. | 5 |
87. The applicant further submitted in his request for referral that because he had never received psychiatric treatment he could not foster any hope of one day being released. At the same time he “accepted” the Chamber’s finding that, in view of the introduction of the periodic review mechanism in domestic law, there had been no violation of Article <mask> of the Convention as regards his complaint that there was no possibility of a review of his life sentence. | 5 |
106. The Government submitted that the applicant’s allegation of politically motivated persecution had been assessed by the Russian courts when examining his appeals against the extradition order, and rejected as unfounded. The Russian courts had relied on the statement from the Prosecutor General’s Office of Uzbekistan to the effect that the applicant would face no risk of ill-treatment if he were to be extradited to Uzbekistan and on the fact that the Russian authorities did not have any information confirming his allegation. Referring to the assurances from the Uzbek authorities, the Government argued that the applicant would not be subjected to ill-treatment or punishment contrary to Article <mask> of the Convention. | 5 |
112. The applicant claimed 35,000 euros (EUR) in respect of the non‑pecuniary damage flowing from the alleged breach of Article <mask> of the Convention, EUR 5,000 in respect of the non‑pecuniary damage flowing from the alleged breach of Article 13 of the Convention, and EUR 5,000 in respect of the non‑pecuniary damage flowing from the alleged breach of Article 6 § 1 of the Convention. | 5 |
66. The applicant furthermore complained under Article <mask> of the Convention about his alleged ill-treatment after his arrest, during the pre‑trial investigation and following his admission to penal institution LIU-19; the alleged failure to provide him with medical assistance; his allegedly needless compulsory treatment for drug addiction; the conditions of his detention at the police station; and his detention in penal institution LIU-19 alongside detainees suffering from tuberculosis. Lastly, the applicant contested under Article 6 of the Convention the admissibility of evidence relied on by the domestic court in securing his conviction and complained under Article 13 of the Convention of the lack of an effective domestic remedy against the alleged violations. | 5 |
114. The applicant complained that the search of his person on 7 May 1998 amounted to degrading treatment in breach of Article <mask> of the Convention (see paragraph 26 above). In particular, he was allegedly obliged to strip naked in the presence of a female prison officer, with the intention of humiliating him. He was then ordered to squat, and his sexual organs and the food he had received from his visitor were examined by guards who were not wearing gloves. | 5 |
123. The applicants relied on Article <mask> of the Convention, submitting that on 16 December 2001 Beslan Khutsayev, Movsar Khutsayev and Adam Didayev, as well as the first, eighth and ninth applicants, had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention. They argued that this complaint had not been properly investigated. Finally, they alleged that as a result of their relatives' disappearance and the State's failure to investigate it properly, they had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads: | 5 |
236. The applicants, that is the first, second and third applicants (see, paragraphs 149-153 above), mainly complained under Articles 3 of the Convention that they were ill-treated by the special forces and were injured and humiliated in the course of the special training exercises organised on 30 May 2001 and 29 January 2002. They also claimed that the conditions of their detention and the lack of adequate medical treatment and assistance were inhuman and amounted to degrading treatment. Article <mask> of the Convention provides: | 5 |
38. The Government raised a further preliminary objection of non-exhaustion of domestic remedies on the grounds that the applicants had been released or transferred to a prison prior to lodging their application with the Court. The Government submitted that the applicants should have lodged an action for damages with the administrative courts under section 105 of the Introductory Law to the Civil Code, read together with Article 57 of the Civil Code or Article <mask> of the Convention. | 5 |
132. The applicant complained of a violation of both the material and procedural aspects of Article <mask> of the Convention in relation to her husband. She submitted that the videotape showed her husband being kicked by the soldiers, who had used obscene and threatening language towards him. She submitted that persons detained in Chechnya were regularly subjected to treatment in violation of Article 3. The authorities had failed to conduct a proper investigation into these allegations. | 5 |
46. The Government submitted that Article 8 was not applicable to the present case, since it did not provide a detainee with an unconditional right to leave prison to attend the funeral of a family member. In the instant case, the applicant had accepted that the prison leave would entail certain restrictions (see paragraph 7 above). Considering that the transport conditions overall had not violated Article <mask> of the Convention, the applicant could not claim that he had had to forego attending funeral owing to reasons attributable to the State. The Government also submitted that, in the domestic proceedings and before the Court, the applicant had provided contradictory arguments as to why he had decided not to attend the funeral (compare paragraphs 14 above and 47 below). | 5 |
70. The Government argued at the outset that the alleged ill-treatment of the applicant had not reached the minimum level of severity required to engage Article <mask> of the Convention. The Government further submitted that the applicant had failed to exhaust the available domestic remedies since he had never challenged any of the investigator’s decisions not to institute criminal proceedings in a court of general jurisdiction. The Government also argued that the investigation into the applicant’s allegations of ill‑treatment had been thorough and effective. | 5 |
67. The applicant maintained his complaints. In particular, he claimed that the case file contained sufficient evidence of ill-treatment and that the ensuing investigation had fallen short of the requirements of Article <mask> of the Convention under its procedural head. In particular, he referred to medical certificates showing that he had not been diagnosed with epilepsy before the first incident. | 5 |
87. The Government submitted that the notion of theoretical punishment and actual punishment implied that there was a clear distinction between what is traditionally called “poena in abstracto” and “poena in concreto”, and that the possibility of a violation of Article <mask> of the Convention should be dealt with by considering what the “poena in concreto” was. The US Federal Sentencing Guidelines and sections 3553(a) and 3742 of Title 18 of the US Code were pertinent to the instant case since they were the rules that would be of most importance when determining the “poena in concreto”. | 5 |
20. The Government considered that the applicant had introduced his complaint out of time. He had started serving his prison sentence in 2007, and if he considered that his rights under Article <mask> of the Convention had been violated at that time, he should not have waited until 2016 to lodge his complaint before the Court. In their opinion, he had already realised in 2007 that his conditions of detention gainsaid that argument. Lastly, the Government argued that the applicant’s periods of detention at Correctional Colony No. IK-55 (from 21 October to 11 November 2009, from 14 to 18 December 2013 and from 5 October to 26 December 2016) should be excluded from the assessment. | 5 |
122. The applicants submitted that after 7 May 2004 their conditions of detention did not change. They alleged that the purpose of the first two applicants’ detention was intentionally and deliberately to humiliate and debase them and to destroy their personality and health. For these reasons, the particularly serious and cruel treatment to which they were subjected, coupled with the non-execution of the Court’s judgment for more than two years and the suffering of the applicants for more than 14 years, must be considered as acts of torture within the meaning of Article <mask> of the Convention. | 5 |
43. The Government contested the applicant's allegations. They claimed at the outset that the ill-treatment to which the applicant had been exposed had not attained a level of severity which would justify the application of Article <mask> of the Convention. The incident had been caused by unknown individuals and not by representatives of the authorities and the Government could not assess to what extent the applicant's mental suffering following the incident had been caused by the attack itself or whether it had existed before. | 5 |
80. The applicants submitted that they had been the victims of a violation of Article <mask> of the Convention on account of the destruction of the bodies of their relatives with high velocity machine guns and hand grenades. Under the same Article, the applicants also complained that the bodies of their relatives had been left in the open until the following morning. | 5 |
66. The applicant alleged that he had been subjected to horrendous treatment in detention, which had been meted out deliberately and had been aimed at breaking his moral resistance and forcing him to testify against third persons, and to confess to crimes he had not committed. He also maintained that the atrocious manner, in which certain investigative procedures had been applied to him, and the cumulative effects of the ill-treatment on his physical and moral integrity, supported a finding that there had been an extremely serious violation of Article <mask> of the Convention. The applicant claimed that his being taken into custody on 30 November 1998 had contravened the principles enshrined in Article 3 of the Convention, as his state of health and the diseases from which he was suffering showed that the prosecution had deliberately acted in violation of the Convention. | 5 |
46. The Government submitted that it was undisputed that, on 21 November 2006, the applicant had attempted to escape from a police vehicle. They considered that the use of force had been made necessary by the applicant’s own conduct; the applicant must have been aware that his attempt to escape would have led the police to react. According to the Government, the injuries sustained by the applicant might have occurred when the applicant forcibly opened the door of the police van and when the applicant fell to the ground after one of the police officers had fired a warning shot. They considered that the measures undertaken by the police officers following the applicant’s attempt to escape had been lawful, proportionate and had not exceeded the minimum level of severity required to fall within the ambit of Article <mask> of the Convention. | 5 |
20. The Government submitted that by not claiming compensation for the damage allegedly caused by her detention in inhuman conditions and by the alleged lack of medical care, the applicant had failed to exhaust the available domestic remedies. They submitted a summary of forty-six cases examined by the domestic courts in which detainees had lodged claims seeking compensation for violations of Article <mask> of the Convention. They also pointed to an explanatory decision of the Supreme Court of Justice dated 24 December 2012 concerning the compensatory remedy introduced for violations of Articles 3, 5 and 8. In addition, they submitted that the complaints concerning the conditions of detention and lack of medical assistance prior to 5 June 2013 should be dismissed for being lodged outside the six-month time-limit, arguing that the applicant had been released from prison on 19 September 2012. | 5 |
104. The applicant submitted that there was a danger that he would be subjected to ill-treatment on account of the possible application of the death penalty and the time spent awaiting its execution, the poor conditions of detention in Kazakhstan, the lack of proper medical treatment and assistance in detention facilities and the widespread practice of torture of detainees. He relied on Article <mask> of the Convention, which provides in so far as relevant: | 5 |
18. The Government stressed that the general situation in the prison complained of by the applicant was compatible with the requirements of Article <mask> of the Convention. In this respect, they maintained that the ward in which the applicant was kept could not be considered to have been a cell. They stated that the living unit was designed to accommodate three persons and it had two floors; the lower floor contained a toilet, shower, and small kitchen and the second floor was used as a sleeping area and had beds and drawers. In addition, each living unit had a small yard for ventilation purposes. The Government further pointed out that the Court had already examined F-type prison conditions in the past and found no breach of Article 3 in this respect. | 5 |
111. The Government concluded from all these factors that the applicant’s health did not appear to have been affected by solitary confinement and that the conditions in which the applicant was being held had not attained the minimum level of severity required to fall foul of Article <mask> of the Convention, despite the CPT’s finding that the general conditions in which prisoners in solitary confinement were held in France were not entirely satisfactory. | 5 |
78. The applicant argued that following his arrest the medical care he had received in detention had been extremely scarce and ineffective and had led to a steady deterioration in his health. The applicant stressed that he was seriously ill and unable to care for himself. He required permanent assistance even with his most basic needs. The medical specialists who had treated him prior to his arrest had always acknowledged the necessity of various medical procedures, including simple ones such as physiotherapy, as he was unable to move on his own. The administration of the detention facility was unable to provide that level of care. They merely continued to register the increasing number of the applicant’s complaints, including those of serious pain in the back, atrophy of the limbs, headaches, pain in the legs, dizziness, insomnia, spasms, and so on. He was unable to urinate and defecate and had to undergo medical procedures to relieve himself, which he had to do in extremely degrading and unsanitary conditions that posed a constant risk to his life. While the authorities, in their replies to the applicant’s complaints, had acknowledged that the conditions in the detention facility did not satisfy the simple requirements of hygiene and sterility, they had taken no steps to change that situation. The medical recommendations issued by specialists prior to his arrest were costly and complex, as could be seen from various medical reports submitted by him to the Court, and could not be complied with by the untrained and poorly qualified medical personnel of the detention facility. The applicant insisted that the Russian authorities had violated his rights guaranteed by Article <mask> of the Convention as they were unable to provide him with the requisite level of medical services and were subjecting him to severe suffering and a significant risk of a fatal outcome. | 5 |
111. The applicants contended that their sons had been tortured during their detention by State agents and that the investigation in this respect had not been adequate. They referred to NGO reports concerning mass torture in Chechnya during that period to support this assertion. The applicants further submitted that they themselves had been suffering from fear, anguish and emotional distress caused by the detention and disappearance of their minor sons and the authorities’ indifference in this respect, which amounted to treatment contrary to Article <mask> of the Convention. | 5 |
37. The applicant initially complained under Article <mask> of the Convention that the national authorities had failed to consider his claims that he risked ill‑treatment in the event of his extradition to Uzbekistan, and that if extradition was to take place it would expose him to that risk. Further to information about the applicant’s disappearance and the Government’s reply to the Court’s request for factual information (see paragraphs 23-26 above), the Court decided to consider, from the standpoint of Article 3 of the Convention, whether the Government had complied with their obligation to take measures both before and after his disappearance to prevent him from being transferred to Uzbekistan and whether there had been a thorough and effective investigation capable of elucidating the crucial aspects of the incident and of leading to identification and punishment of those responsible for the disappearance. Article 3 of the Convention reads as follows: | 5 |
14. The applicant complained that the conditions of his detention in Ljubljana prison amounted to a violation of Article <mask> of the Convention. In particular, he complained of severe overcrowding which had led to a lack of personal space, poor sanitary conditions and inadequate ventilation, as well as excessive restriction on out-of-cell time, high temperatures in the cells, inadequate health care and psychiatric support and exposure to violence from other inmates due to insufficient security. | 5 |
271. The Government contested the applicants’ claims. They alleged, in particular, that the applicants’ mental suffering had not reached the minimum level of severity required to fall within the scope of Article <mask> of the Convention, and that there was no evidence of the applicants’ relatives’ arrest by State agents. Lastly, they averred that the relevant domestic legislation, including Articles 124 and 125 of the Russian Code of Criminal Procedure, provided the applicants with effective remedies for their complaints. | 5 |
170. The applicant asked the Court to indicate to the respondent State that it should take general measures to prevent breaches of Article <mask> of the Convention by the police in connection with arrest operations. Those measures should consist of changes in the law, in particular the putting in place of detailed regulations on the use of force and auxiliary means on the part of law enforcement personnel, so that such force be proportionate and resorted to only when absolutely necessary. | 5 |
28. The Government submitted that the applicant had been detained in satisfactory sanitary conditions. The food met the applicable standards. The applicant had been provided with adequate medical assistance. The Government further submitted that they were not in possession of any documents showing the number of inmates in the cells in which the applicant had been detained because those documents had been destroyed. However, they considered that the fact that the applicant might have been detained in overcrowded cells could not by itself serve as a basis for finding a violation of Article <mask> of the Convention, as the remaining aspects of the applicant's detention had been satisfactory. The Government pointed out that overcrowding was a general problem in many member States of the Council of Europe. | 5 |
42. The applicants submitted that the detention of the second applicant, who was then five years old, for nearly two months in a closed centre for adults constituted inhuman or degrading treatment prohibited by Article <mask> of the Convention. They explained that Transit Centre no. 127 was a closed centre near Brussels Airport used to detain illegal immigrants pending their removal from the country. As had been noted in the Committee on the Rights of the Child’s second report on Belgium dated 7 July 2002, no facilities for children of the second applicant’s age existed in 2002. Accordingly, no arrangements were in place to attend to the second applicant’s needs and the only assistance she received was from another Congolese minor. Despite all the assistance given by individual members of staff, the fact remained that there had been a violation of Article 3 of the Convention as, at a crucial stage in her development, the second applicant had been denied freedom of movement, had been unable to play or express her feelings, and had been held in precarious conditions in an adult world where liberty was restricted. The Government had had other, more appropriate, options at their disposal. They could, for instance, have placed the second applicant with the Aid to Young People Department. The applicants noted, lastly, that the second applicant had suffered from sleeping disorders after her release from detention. | 5 |
98. The Government also submitted that the alleged injuries had not caused serious suffering to the applicant as he had been discharged from the specialist hospital for outpatient treatment the following day. The Government concluded that it had not been proved “beyond reasonable doubt” that the applicant had been ill-treated and that the police officers’ conduct had attained a sufficient level of severity to fall within the scope of Article <mask> of the Convention. | 5 |
41. The applicant also complained under Article <mask> of the Convention that his pre-trial detention, the obligation to remain in town and unlawful conviction had amounted to inhuman treatment; under Article 6 § 3 (b) that he had not had access to the victim’s medical records used in the trial; under Articles 7, 17 and 53 that the witnesses’ testimonies had been forced by the police and that his conviction had not had a solid evidentiary basis. | 5 |
98. The applicant stated that she was the wife of the missing Mr Ali Dudayev and that she had actively sought the authorities’ assistance in establishing his whereabouts and prosecuting the people who had abducted him. The applicant had not received any proper explanation or information as to what had happened to her missing husband after his detention by State agents. The way in which the authorities had responded to her requests constituted a violation of Article <mask> of the Convention. | 5 |
99. The Government submitted their account of the general conditions of detention in prison ZhH-385/5 (see paragraphs 22-31 above) and claimed that they had been compatible with Article <mask> of the Convention. They asserted that the applicant had been provided with an individual bed at all times and that the sanitary facilities had been satisfactory. They provided detailed information about the space and equipment in the living premises, the provision of food and clothes and the availability of sanitary facilities. In respect of conditions in the disciplinary cell they submitted that the prison regulations required the applicant, for safety reasons, to stand up holding his hands behind his back when a prison official entered the cell. They denied that the applicant’s head had ever been shaved. | 5 |
68. The Government disagreed with the claim. They contended that the applicant had failed to demonstrate that he had sustained any non-pecuniary damage. Alternatively, the Government submitted that if the Court were to find a violation, that in itself would constitute sufficient just satisfaction. However, should the Court decide to make an award for finding a violation of the substantive and procedural limbs of Article <mask> of the Convention, the Government invited the Court to conclude that the applicant’s claim was excessive and that any compensation had to be awarded on an equitable basis, taking into account, inter alia, the existing case-law and socio‑economic circumstances in Latvia | 5 |
94. The applicant complained that his extradition to the United States of America exposed him to treatment incompatible with Article <mask> of the Convention. He contended that offences A and B, on the basis of which his extradition had been granted, carried a maximum life prison sentence which was irreducible de facto, and that if he were convicted he would have no prospect of ever being released. | 5 |
53. The applicant complained that he had been subjected to ill-treatment in contravention of Article <mask> of the Convention. He further complained under Article 13 of the Convention that the ensuing investigation in response to his complaint about ill-treatment in police custody had been ineffective. The Court considers that the complaints fall to be examined under Article 3 of the Convention which reads as follows: | 5 |
109. The applicant asserted that if extradited to the United States he would be subjected to torture and a disproportionate prison sentence, in breach of Article <mask> of the Convention. The national authorities had not examined the probability of his being subjected to treatment contrary to Article 3 if extradited to the United States and had not obtained adequate assurances in that regard. | 5 |
47. The applicant complained under Article <mask> of the Convention that she had been ill-treated by the police during her arrest and while she was in custody at the police station. She also complained that her allegations of ill-treatment had not been investigated effectively, as required by the procedural obligation imposed by the same Article. Article 3 of the Convention provides as follows: | 5 |
42. The Government noted that the applicant had failed to bring his grievances to the attention of a competent domestic authority and considered that his complaint should be rejected because he had failed to comply with the requirements of Article 35 § 1 of the Convention, as he had not exhausted domestic remedies before lodging his application with the Court. In particular, they submitted that it had been open to the applicant to bring his grievances to the attention of the prosecutor. They cited the following examples from the domestic practice in support of their position: in response to a complaint by a Mr N, the Novosibirsk prosecutor's office had conducted an inquiry which confirmed his allegations that the food ration was insufficient and the water supply was irregular. As a result, the prison administration had renovated the prison and purchased medical supplies; in the Vladimir Region, a special section for the detention of inmates diagnosed with tuberculosis had been set up following an NGO's complaint in respect of a Mr B; in the Khabarovsk Region the administration of the prison where a Mr Sh. and a Mr Z. were detained had renovated the shower and laundry rooms, upgraded the ventilation system in the disciplinary block and set up an area for medical consultations. Alternatively, the applicant could have brought a civil action for damages resulting from the conditions of his detention. The Government cited two cases: a Mr S. had been awarded 250,000 roubles (RUB) in compensation for non-pecuniary damage resulting from the violation of his rights set forth in Article <mask> of the Convention on account of the appalling conditions of his detention in a remand prison in the Mariy El Republic; a Mr D. had been awarded RUB 25,000 in compensation for non-pecuniary damage arising from the unsatisfactory conditions of his pre-trial detention. | 5 |
136. The applicants relied on Article <mask> of the Convention, claiming that Adlan Dovtayev and Sharpuddin Israilov had been ill-treated by Russian servicemen. They further complained under this heading that as a result of their relatives’ disappearance and the State’s failure to investigate it properly, they had endured mental suffering in breach of Article 3 of the Convention, which reads: | 5 |
20. The Government acknowledged that the conditions of the applicant's detention at the temporary detention facility had not been in compliance with the standards set forth in Article <mask> of the Convention. The premises had not been suitable for long-term detention. Nor had there been any funds allocated from the federal budget for their reconstruction until 2006. In 2006, as part of ongoing reconstruction work, the temporary detention facility had been equipped with an outdoor exercise area. Meanwhile, a ventilation system, a water supply system and toilets had started to be installed before the applicant had lodged his complaint with the Court. | 5 |
24. The applicant claimed that his detention at the Yalova police headquarters had amounted to inhuman and degrading treatment within the meaning of Article <mask> of the Convention. He contended that the detention facility was not designed to hold foreign nationals in an immigration context for long periods of time. In particular, there had been no bed in the detention room and he had not had access to the open air at all. He added that he had been kept in the small detention room which did not have a window and that the air conditioner had not functioned during the period of his detention. The applicant claimed that he had generally been detained along with two other detainees but that at times he had had to share the cell with more than ten people, among whom there had been Turkish nationals. The applicant also asserted that in general he had been confined to the detention room and that he had only exceptionally had access to the other parts of the facility. | 5 |
62. The Government may be understood to be maintaining that the applicant would be safe and would not be exposed to a risk of ill‑treatment upon arriving in Damascus, then in transit and upon arriving in his hometown or settling in another part of Syria (see paragraphs 18 and 21 above). The Court reiterates in this connection that Article <mask> of the Convention does not, as such, preclude Contracting States from placing reliance on the existence of the alternative of internal flight in their assessment of an individual’s claim that a return to his country of origin would expose him to a real risk of being subjected to treatment proscribed by that provision (see Sufi and Elmi, cited above, §§ 265-66, with further references). In the present case the Court has not been provided with any material which would confirm that the situation in Damascus is sufficiently safe for the applicant, who alleges that he would be drafted into active military service, or that the applicant could travel from Damascus to a safe area in Syria. | 5 |
5. The applicant’s complaint alleging a violation of his right of access to a court, inherent in Article 6 § 1, was intrinsically linked with the prohibition of torture enshrined in Article <mask> of the Convention, a prohibition which, as held in Bouyid v. Belgium ([GC], no. 23380/09, §§ 81 and 89‑90, ECHR 2015), is an absolute prohibition with no derogations and which “is also a value of civilisation closely bound up with respect for human dignity, part of the very essence of the Convention”. | 5 |
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