The ECHR found a violation of the requirements of Articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the requirements of Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rig

Заголовок: The ECHR found a violation of the requirements of Articles 3 and 13 of the Convention for the Protection of Сведения: 2018-10-13 04:23:41

The case has successfully considered a complaint of collective expulsion from Russia, unreasonable restrictions on the possibility of leaving the territory of the Russian Federation, inhuman treatment, and discriminatory treatment. The case has violated the requirements of Articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2, 4 of Protocol No. 4 to the Convention.

In 2007, complainants were assisted in preparing a аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In their complaint, the applicants, citizens of Georgia (mother and four children), complained about their collective expulsion from Russia, unreasonable restriction of their ability to leave the territory of the Russian Federation, inhuman treatment due to the conditions of a two-week stay in the city of Derbent, which they could not leave, also to discriminatory treatment. At the time of the events in question, the applicant was eight months pregnant, and her children were respectively 11, nine, six years and two years.

On December 20, 2016, on the complaint filed by the applicants, the European Court unanimously ruled that in the present case the authorities violated the requirements of articles 3 (prohibition of torture) and 13 of the Convention (the right to an effective remedy), as well as the requirements of article 2 of Protocol No. 4 to the Convention (freedom of movement). The European Court, by six votes to one, ruled that the Russian authorities violated the requirements of Article 4 of Protocol No. 4 to the Convention (prohibiting the collective expulsion of foreigners), and ordered the respondent state to pay the applicant 30,000 euros in compensation for non-pecuniary damage. The European Court ruled that there was no need to consider a complaint of a violation of Article 14 of the Convention (prohibition of discrimination).

The dissenting opinion on the present case was expressed by judge Dmitry Dedov (elected from the Russian Federation).

ECHR ruling of December 20, 2016 on the case of Shioshvili and Others v. Russia (Shioshvili and Others v. Russia) (аpplication No. 19356/07).

 

Добавить комментарий

Защитный код
Обновить

© 2011-2018 Юридическая помощь в составлении жалоб в Европейский суд по правам человека. Юрист (представитель) ЕСПЧ.