The ECHR found a violation of the requirements of Article 3 of the Convention, in respect of both applicants - Article 5 § 4 of the Convention, and if the second applicant is expelled to his country of origin, there will be a violation of Article 3 of the

Заголовок: The ECHR found a violation of the requirements of Article 3 of the Convention, in respect of both applicants Сведения: 2019-11-22 06:20:37

The ECHR judgment of 11 June 2019 in the case of S.S. and B.Z. (S.S. and B.Z.) v. Russia (applications N 35332/17 and 79223/17).

In 2017, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications about the failure of the authorities to examine the applicants' arguments that they might be at risk of ill-treatment if they are expelled to their countries of origin. The first applicant also complained of inhuman conditions of detention. The applicants also alleged a number of other violations of the Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of the first applicant, there has been a violation of Article 3 of the Convention (the prohibition of torture), of both applicants - Article 5 § 4 of the Convention (the right to liberty and security of person), also if the second applicant is expelled to his country of origin, he will There has been a violation of Article 3 of the Convention.

In their applications, the applicants complained that the authorities had not examined their arguments that they might be at risk of ill-treatment if they were expelled to their countries of origin. The first applicant also complained of inhuman conditions of detention. The applicants also alleged a number of other violations of the Convention.

On 11 June 2019, in response to applications by the applicants, the Court unanimously decided that there would be a violation of Article 3 of the Convention (the prohibition of torture) if the second applicant was expelled to his country of origin and that there had been a violation of Article 3 of the Convention in the first applicant’s case in connection with his expulsion to Tajikistan. The Court unanimously held that there had been a violation of Article 3 of the Convention in respect of the first applicant, of Article 5 § 4 of the Convention (right to liberty and security of person) in respect of both applicants. The Court also pointed out that the Government ignored the interim measure indicated in accordance with Rule 39 of the Rules of Court and therefore failed to fulfill their obligations under Article 34 of the Convention (the right to lodge an individual complaint) in the first applicant’s case and ordered the Russian authorities The federations pay the first applicant 10,000 euros in respect of non-pecuniary damage.

 

 

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