The ECHR found a violation of the material and procedural requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the requirements of Articles 3 and 13 of the Convention for the Protection of Hum

Заголовок: The ECHR found a violation of the material and procedural requirements of Article 2 of the Convention for th Сведения: 2018-10-13 04:24:51

The case was successfully considered a complaint about the failure to provide adequate medical care during detention and transfer, the absence of a proper investigation into the circumstances of death. The case was a violation of the requirements of Article 2, 3, 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007 the applicant was assisted in the preparation of the аpplication. Subsequently, the аpplication was communicated to the Russian Federation.

In her complaint, the applicant, a citizen of Georgia, argued that the authorities of the Russian Federation were responsible for the death of her husband due to the failure to provide him with adequate medical assistance while in detention in the city of St. Petersburg and while being transferred to the city of Moscow. She also complained about the lack of a proper investigation into the circumstances of his death.

On 20 December 2016, on the complaint filed by the applicant, the European Court unanimously decided that in the present case the authorities violated the substantive and procedural requirements of Article 2 of the Convention (the right to life), as well as the requirements of Articles 3 (prohibition of torture) and 13 of the Convention (right effective remedy), and ordered the respondent State to pay the applicant 40,000 euros in respect of non-pecuniary damage. The European Court ruled that there was no need to examine the applicants' complaint of violation of the requirements of Article 13 of the Convention (the right to an effective remedy) in conjunction with Article 2 of the Convention.

ECHR ruling of December 20, 2016 on the case of Dzidzava v. Russia (Dzidzava v. Russia) (аpplication N 16363/07).

 

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