The ECHR has found a violation of Article 3 and Article 5 § 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of Article 3 and Article 5 § 3 of the Convention for the Protection of Human Сведения: 2019-10-08 14:10:50

The ECHR judgment of March 5, 2019 in the case of Sokovnin v. Russia (Sokovnin v. Russia) (application No. 3627/07).

In the case, an application of ill-treatment during detention was successfully considered. The case has violated the requirements of Article 3 and subparagraph “c” of paragraph 3 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his application, the applicant complained that he had been ill-treated during his arrest and that there had been no effective investigation into this circumstance. The applicant also alleged that his detention from March 18 to May 18, 2006 was unlawful and that he had not been immediately brought before a judge and that he was not given the opportunity to obtain a judicial review of the lawfulness of his detention.

On 05 March 2019, in response to an application filed by the applicant, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture) in its procedural and substantive aspects, subparagraph “c” of paragraph 3 of Article 5 of the Convention (the right to liberty and security of person), and ordered the respondent Government to pay the applicant EUR 19,500 in respect of non-pecuniary damage.

 

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