The ECHR revealed a violation of the requirements of Articles 2, 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the requirements of Articles 2 and 3 of the Convention for the protection of human rights and fundamental fre

Заголовок: The ECHR revealed a violation of the requirements of Articles 2, 3 of the Convention for the Protection of H Сведения: 2019-02-09 10:34:47

Resolution of the ECHR of August 28, 2018 in the case of "Hodukevich (Khodyukevich) against the Russian Federation" (application N 74282/11).

The case successfully examined the complaint of the applicant that her son was unlawfully detained and held in police custody, was ill-treated by the police while in custody, this cruel treatment led to the death of her son. The case has violated the requirements of articles 2, 3 of the Convention for the Protection of Human Rights, article 2 (right to life) and article 3 of the Convention (prohibition of torture) are not violated in the substantive aspect, the requirements of articles 2 and 3 of the Convention are violated in procedural aspect, no the need to consider a complaint of a violation of Article 13 of the Convention (the right to an effective remedy).

In 2011, the applicant was assisted in the preparation of the application. Subsequently, the application was communicated to the Russian Federation.

In her application, the applicant, who lives in the city of Orenburg, complained that her son had been illegally detained and detained at the police station, had been mistreated by the police while in custody, and that this ill-treatment had resulted in death her son In addition, the applicant complained that there was no effective investigation into the above circumstances.

On 28 August 2018, the European Court unanimously declared complaints of violation of Articles 2, 3 and 13 of the Convention admissible for consideration on the merits, and the remaining complaints unacceptable for consideration on the merits, and also recognized that article 2 (right to life) and Article 3 of the Convention (prohibition of torture) was not violated in the substantive aspect and that there was a violation of Articles 2 and 3 of the Convention in the procedural aspect. The European Court unanimously ruled that there was no need to consider a complaint of violation of Article 13 of the Convention (the right to an effective remedy), and ordered the respondent state to pay the applicant 10,000 euros in compensation for non-pecuniary damage.

 

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