The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of all applicants and Article 13 of the Convention for the Protection of Human Rights and Fundamental Free

Заголовок: The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Ri Сведения: 2019-02-08 08:46:46

ECHR judgment of July 26, 2018 in the case of Nikolayev and Others v. Russia (applications NN 31113/15, 32889/16, 32928/16, 53403/16, 1141/17, 37476/17, 45869 / 17 and 51331/17).

The case has successfully reviewed the complaints of the applicants on the inhuman conditions of detention during the transfer. Some applicants also complained that they did not have an effective remedy in that regard. The case has violated the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (prohibition of torture) in relation to all applicants, the requirement of Article 13 of the Convention (the right to an effective remedy) in relation to individual applicants.

In 2015, 2016 and 2017, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their applications, the applicants (eight people) complained about the inhuman conditions of detention during the transfer. Some applicants also complained that they did not have an effective remedy in that regard.

On July 26, 2018, the European Court unanimously ruled that in the present case the authorities of the Russian Federation violated the requirement of Article 3 of the Convention (prohibition of torture) in relation to all applicants, the requirement of Article 13 of the Convention (right to an effective remedy) in respect of individual applicants , and ordered the respondent state to pay each applicant 1,000 euros in respect of non-pecuniary damage.

 

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