The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Ri Сведения: 2019-02-05 15:42:07

ECHR ruling dated July 3, 2018 in the case of Samoylov (Samoylov) against the Russian Federation (application No. 17512/08).

The case was successfully examined by the applicant's complaint that the conditions of his detention did not meet the requirements of Article 3 of the Convention and he was not guaranteed the right to a fair trial. In the case of violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (prohibition of torture), there is no violation of the requirements of Article 34 of the Convention (individual complaints).

In 2008, the complainant was assisted in preparing a application. Subsequently, the complaint was communicated to the Russian Federation.

In his application, the applicant complained that the conditions of his detention did not comply with the requirements of Article 3 of the Convention and that he was not guaranteed the right to a fair trial guaranteed by Article 6 § 1 of the Convention.

On July 3, 2018, the European Court of Justice unanimously declared complaints about the applicant's detention in the remand prison and violation of Article 34 of the Convention admissible for consideration on the merits, and the remaining complaints of the applicant unacceptable for consideration on the merits. The court also recognized that there had been a violation of Article 3 of the Convention (prohibition of torture) and that Article 34 of the Convention (individual complaints) had not been violated. The European Court ordered the respondent State to pay the applicant 5,000 euros in compensation for non-pecuniary damage.

 

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