The ECHR found a violation of the requirements of Article 3, Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 3, Article 34 of the Convention for the Protection Сведения: 2019-11-20 07:47:17

The ECHR judgment of May 21, 2019 in the case of O.O. (O.O. v. The Russian Federation) (application No. 36321/16).

In 2016, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In the case, the application was successfully examined regarding the authorities' failure to examine the applicant’s allegations that he would be in real danger of being subjected to ill-treatment if deported, and the applicant’s deportation in violation of the interim measures indicated by the ECHR. The case has violated the requirements of Article 3, Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In his application, the applicant complained that the authorities had not examined his allegations that he would be in real danger of being subjected to ill-treatment if he was deported to Uzbekistan. The applicant also alleged that his deportation had been carried out in violation of the interim measures indicated by the Court in accordance with Rule 39 of the Rules of Court.

On May 21, 2019, following an application filed by the applicant, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture) in connection with the applicant’s deportation to Uzbekistan. The Court considers that the Government ignored the interim measure indicated by the Court in accordance with Rule 39 of the Rules of Court and therefore failed to fulfill its obligations under Article 34 of the Convention. The Court ordered the respondent Government to pay the applicant EUR 20,000 in respect of non-pecuniary damage and EUR 5,000 in respect of costs and expenses.

 

 

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