The ECHR found a violation of the requirements of Article 3, paragraph 1 of Article 5, paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 3, paragraph 1 of Article 5, paragraph 1 of Articl Сведения: 2020-04-06 04:58:56

ECHR judgment of July 2, 2019 in the case of Besleaga v. Republic of Moldova and the Russian Federation (application N 48108/07).

The case has successfully examined the application that the applicant was held in degrading conditions of detention, did not have any effective domestic remedies in respect of these violations, and his detention was not lawful, the case was not examined by a judge authorized to adopt the law the decision, moreover, the applicant was detained solely because of the expression of his political views before the local elections. The case has violated the requirements of Article 3, paragraph 1 of Article 5, paragraph 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

In his application, the applicant complained that he was held in degrading conditions of detention and that he did not have any effective domestic remedies in respect of these violations. The applicant also alleged that his detention was not lawful and that his case had not been examined by a judge authorized to make a lawful decision. Furthermore, the applicant complained that he had been detained solely because of the expression of his political views before the local elections.

On July 2, 2019, on an application filed by the applicant, the European Court unanimously ruled that in this case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture), Article 6 § 1 of the Convention (right to a fair trial), Article 5 § 1 of the Convention (right liberty and security of person), Articles 13 (right to an effective domestic remedy) and 10 of the Convention (right to freedom of expression) and ordered the respondent Government to pay the applicant EUR 9,750 in quality compensation for non-pecuniary damage and 1,500 euros in respect of costs and expenses. The European Court unanimously decided that the authorities of the Republic of Moldova had not committed a violation of any provision of the Convention.

 

 

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