The ECHR has found a violation of the requirements of Articles 3 and 13, paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of the requirements of Articles 3 and 13, paragraph 1 of Article 6 of the Con Сведения: 2019-11-18 12:19:50

The ECHR judgment of April 9, 2019 in the case of Tomov and Others v. Russia (applications N 18255/10, 63058/10, 10270/11, 73227/11, 56201/13 and 41234/16).

In 2010, 2011, 2013 and 2016, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications of inhuman conditions of the applicants during their transfer from various prisons, as well as the fact that they did not have any effective domestic remedy in this regard. The case has violated the requirements of Articles 3 and 13, paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In their applications, the applicants complained of inhuman conditions of detention during their transportation from various prisons. Some of them also claimed that they did not have any effective domestic remedy in this regard. One of the applicants also complained that the civil proceedings to which he was a party took place in his absence.

On April 9, 2019, following applications by the applicants, the Court unanimously ruled that in the present case the Government had violated the requirement of Article 3 of the Convention (prohibition of torture) in respect of all the applicants, with the exception of one applicant. In respect of the three applicants, there was a violation of Article 13 of the Convention (the right to an effective domestic remedy) in conjunction with Article 3 of the Convention. As regards one applicant, there has been a violation of Article 6 § 1 of the Convention (right to a fair trial). The court ordered the respondent Government to pay the applicants various amounts between 1,500 and 5,000 euros in respect of non-pecuniary damage.

 

 

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