The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its substantive and procedural aspects in connection with the ill-treatment of the second applicant, Article 5 § 1

Заголовок: The ECHR found a violation of the requirements of Article 3 of the Convention for the Protection of Human Ri Сведения: 2019-11-23 05:43:25

The ECHR judgment of June 25, 2019 in the case of Zatynayko v. Russia (applications N 1935/07 and 41798/07).

In 2007, the applicant was assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

In the case, applications of ill-treatment by the colony officers, as well as the fact that the first applicant was detained without any court decision, were successfully examined. The case involved a violation of the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its substantive and procedural aspects in connection with the ill-treatment of the second applicant, Article 5 § 1 and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In his applications, the second applicant complained of ill-treatment by the colony staff. The first applicant complained that between December 2005 and May 2007 he was detained without any court decision. The applicants also complained of a violation of their rights guaranteed by Article 6 of the Convention.

On June 25, 2019, in response to applications submitted 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 its substantive and procedural aspects in connection with the ill-treatment of the second applicant, Having not admitted a violation of Article 3 of the Convention in connection with the second applicant's allegations of ill-treatment, and that there had been a violation of Article 5 § 1 of the Convention (right to liberty and security of person) in connection with the contents of Article azhey the first applicant, and Article 6 (right to a fair trial) in respect of both applicants. The Court obliged the respondent Government to pay each of the applicants EUR 9,800 in respect of non-pecuniary damage.

 

 

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