The ECHR has found a violation of the requirements of Articles 3, 13, paragraph 1 of Article 5, paragraph 1 and subparagraphs “c”, “d” of paragraph 3 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of the requirements of Articles 3, 13, paragraph 1 of Article 5, paragraph 1 Сведения: 2020-05-12 03:53:45

The ECHR judgment of December 17, 2019 in the case of Yakovlev v. The Russian Federation (application No. 44240/12 and two other applications).

In 2012, the applicant was assisted in preparing applications. Subsequently, the applications were united and communicated by the Russian Federation.

In the case, applications about the applicant’s detention in inhuman conditions at the police station, the applicant’s lack of an effective remedy, the rejection of the applicant’s request for review of the court decision without consideration were successfully considered. The case has violated the requirements of Articles 3, 13, paragraph 1 of Article 5, paragraph 1 and subparagraphs “c”, “d” of paragraph 3 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In his applications, the applicant complained that he was detained in inhuman conditions at the police station and that he did not have an effective remedy in this regard. The applicant also complained about the rejection of his application for review of the judgment without consideration.

On December 17, 2019, according to the applications submitted by the applicant, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Articles 3 (prohibition of torture) and 13 of the Convention (right to an effective remedy), Article 5 § 1 of the Convention (right liberty and security of person), paragraph 1 and subparagraphs “c”, “d” of paragraph 3 of Article 6 of the Convention (right to a fair trial), and ordered the respondent Government to pay the applicant EUR 1,700 in respect of non-pecuniary damage.

 

 

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