The ECHR has found a violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, paragraph 4 of Article 5 of the Convention, Article 8 of the Convention.

Заголовок: The ECHR has found a violation of the requirements of Article 3 of the Convention for the Protection of Huma Сведения: 2019-11-21 05:31:05

The ECHR judgment of May 28, 2019 in the case of Yermakovich v. The Russian Federation (application No. 35237/14).

In 2014, 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 inadequate conditions of the applicant’s detention and during the transfer, as well as the lack of an effective procedure by which she could appeal her detention, and, moreover, that she could not meet with her relatives during the period of detention. The case has violated article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (prohibition of torture), article 5, paragraph 4 of the Convention (right to liberty and security of person), article 8 of the Convention (right to respect for private and family life).

In her application, the applicant complained about the inadequate conditions of her detention and during the transfer. The applicant also complained about the lack of an effective procedure by which she could appeal against her detention, and that she could not meet with her relatives during the detention.

On May 28, 2019, on 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), Article 5 § 4 of the Convention (right to liberty and security of person), Article 8 of the Convention ( the right to respect for private and family life), and ordered the respondent Government to pay the applicant EUR 8,450 in respect of non-pecuniary damage and EUR 1,170 in respect of costs and expenses.

 

 

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