Court : European Court of Human Rights
..... principle of necessity (see chapter ii, paragraph 6, of recommendation rec(2005)10 of the committee of ministers and paragraph 155 of the explanatory report on the second additional protocol to the european convention on mutual assistance in criminal matters), according to the following rules: (7.1) the special investigation technique must be necessary, which requires that the interference with the rights of the suspected persons ..... state is to pay mr ivan lagutin, mr viktor lagutin,mr semenov and ms shlyakhova within three months from the date on which the judgment becomes final in accordance with article 44 2 of the convention, eur 3,000 (three thousand euros) each in respect of non-pecuniary damage, plus any tax that may be chargeable, to be converted into russian roublesat the rate applicable at the date ..... failure of the russian legal order previously noted by the court, and repeated in the present case, the time was ripe for the court to establish the requirements of convention-compliant legislation on special investigation techniques, and to impose on the respondent state the obligation to review its legislation in accordance with those requirements (see paragraphs 93 and 115 ..... . in all the cases before the court, the government argued that, in accordance with section 12 of the operational-search activities act of 12 august 1995, the data on the sources of information concerning the conduct of a test purchase were not to be disclosed in the present cases, since they constituted .....
Tag this Judgment!Court : European Court of Human Rights
..... . the court considers that by bringing a fresh indictment against the applicant and convicting him of war crimes against the civilian population, the croatian authorities acted in compliance with the requirements of articles 2 and 3 of the convention and in a manner consistent with the requirements and recommendations of the above-mentioned international mechanisms and instruments ..... . cambodia, which has ratified the iccpr, also had and continues to have an obligation to ensure that victims of crimes against humanity which, by definition, cause serious violations of human rights, were and are afforded an effective remedy ..... after considering the case file, this panel has concluded that the conditions under section 1(1) and (3) and section 2(2) of the general amnesty act have been met and that the accused is not excluded from amnesty. ..... , were this to be the case, the amnesty would encompass all criminal offences committed between 27 august 1990 and 23 august 1996 by members of the croatian army or the enemy units (save for those specifically listed in section 3(1) of the general amnesty act); this was certainly not the intention of the legislature. ..... 80/1996, zakon o op em oprostu) reads as follows: section 1 this act grants general amnesty from criminal prosecution and trial to the perpetrators of criminal offences committed during the aggression, armed rebellion or armed conflicts and in connection with the aggression, armed rebellion or armed conflicts in the .....
Tag this Judgment!Court : European Court of Human Rights
..... reiteratesthat in general the most appropriate form of redress in respect of violations found is to put applicants as far as possible in the position they would have been in if the convention requirements had not been disregarded (see piersack v. ..... reads as follows: everyone whose rights and freedoms as set forth in this convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.? 48. ..... the applicant complained under article 6 of the convention about the length of the proceedings which ended on 4 ..... article 41 of the convention provides: if the court finds that there has been a violation of the convention or the protocols thereto, and if the internal law of the high contracting party concerned allows only partial reparation to be made, the court shall, if necessary, afford just satisfaction to the injured ..... alleged violation of article 6 of the convention on account of non-enforcement of the judgment of 13 august ..... alleged violation of article 6 of the convention on account of the length of civil proceedings which ended on 4 december ..... reiterates that where there is a private debtor there is a positive obligation incumbent on the state to act diligently when assisting a creditor to enforce a judgment (see anokhin, cited above). ..... are sufficient to enable the court to conclude that there has been a violation of article 6 1 of the convention and 1 article of protocol no. .....
Tag this Judgment!Court : European Court of Human Rights
..... down by rule 60 1 of the rules of court in the 1998 version, in force at the relevant time: any claim which the applicant contracting party or the applicant may wish to make for just satisfaction under article 41 of the convention shall, unless the president of the chamber directs otherwise, be set out in the written observations on the merits or, if no such written observations are filed, in a special document filed no later than two months after the ..... in fact such claims are substantially similar not only to those made in an individual application under article 34 of the convention, but also to claims filed in the context of diplomatic protection, that is, invocation by a state, through diplomatic action or other means of peaceful settlement, of the responsibility of another state for an injury caused by an internationally wrongful act of that state to a natural or legal person that is a national of the former state with a view to the implementation of such responsibility ..... others, cited above, to the effect that cases presented by individuals concerning violation of property complaints were to be rejected for non-exhaustion of domestic remedies, cannot be considered, on its own, to dispose of the question of turkeys compliance with section iii of the operative provisions of the principal judgment in the inter-state case. ..... inter-state complaints should be by definition broader than individual complaints; they should relate to systemic failures rather than to individual .....
Tag this Judgment!Court : European Court of Human Rights
..... in the present case is to ascertain whether the foreseeable consequences of the applicants expulsion to uzbekistan are such as to bring article 3 of the convention into play, the material date for the assessment of that risk being that of the courts consideration of the case. 39 ..... they argued, inter alia, that their removal to uzbekistan would be contrary to article 3 of the convention and that they would run a risk of being subjected to torture and inhuman and degrading treatment if forcefully returned to uzbekistan to be tried for the offences ..... 45. the court draws attention to the fact that, in accordance with article 44 2 of the convention, the present judgment will not become final until (a) the parties declare that they will not request that the case be referred to the grand chamber; or (b) three months after ..... , if returned to uzbekistan, they would risk being subjected to ill-treatment in breach of article 3 of the convention, which reads as follows: no one shall be subjected to torture or to inhuman or degrading treatment or punishment ..... uzbekistan had ratified the un convention against torture and other cruel, inhuman or degrading treatment or punishment and was obliged to act in compliance with it. ..... on 4, 11, 12 and 16 april 2013 the acting president of the first section to which the cases were allocated decided to apply rule 39 of the rules of the court, indicating to the government that the applicants should not be removed or extradited to uzbekistan until further notice, .....
Tag this Judgment!Court : European Court of Human Rights
..... holds (a) that the respondent state is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with article 44 2 of the convention, the following amounts, to be converted, where appropriate, into the currency of the respondent state at the rate applicable at the date of settlement: (i) eur 1,000 (one thousand euros), plus any tax that may be chargeable, in respect ..... judicial review on the grounds first, that the reduction in funding was inconsistent with the assessment of her night-time needs; secondly, that the reduction in funding violated her rights under article 8 of the convention; and thirdly, that in reducing her funding the local authority had failed to comply with its obligations under the disability discrimination ..... ), which reads as follows: where a local authority having functions under section 29 of the national assistance act 1948 are satisfied in the case of any person to whom that section applies who is ordinarily resident in their area that it is necessary in order to meet the needs of that person for that authority to make arrangements for all or any of the following matters, namely (a) the provision of practical ..... in pretty the court held that the very essence of the convention was respect for human dignity and human freedom; indeed, it was under article 8 that notions of the quality of life took on significance because, in an era of growing medical sophistication combined with longer life expectancies, .....
Tag this Judgment!Court : European Court of Human Rights
..... this requirement, it would have given the domestic courts that opportunity which the rule of exhaustion of domestic remedies is designed to afford states, namely to determine the issue of compatibility of the impugned national measures, or omissions to act, with the convention and, should the applicants nonetheless have pursued their complaint before the european court, this court would have had the benefit of the views of the national courts (see, among other ..... . annex no.application nos.applicants name date of birth place of residence1.17153/11boban vu kovi 27/09/1971 ni 2.17157/11ljubi a veli kovi 24/08/1954 selo prva kutina3.17160/11igor veli kovi 10/06/1979 ni 4.17163/11sa a grozdanovi 29/04/1975 ni ka banja5.17168/11dragan grozdanovi 05/12/1967 ni ka banja6.17173/11ljubi a milo evi 03/10/1959 ni 7.17178/11miodrag nikoli 29/02/1956 ni ka banja8.17181/11sini a milo evi 03/10/1958 ni 9.17182/11grujica markovi 25/06/1965 ni 10.17186/11radomir todorovi 15/07/1958 ni ka ..... with the constitutional court, in which they challenged under articles 32 and 36 of the constitution and article 6 of the convention the civil courts above-mentioned application of the rules on statutory limitation, specifically in the judgment of 16 november 2010, which in their view had been erroneous and inconsistent with that made by certain other national courts, which had correctly applied the ten-year rule under section 371 of the obligations act (see paragraph 48 above). 82 .....
Tag this Judgment!Court : European Court of Human Rights
..... lower than the amount the court would have awarded in similar cases, that the unilateral declaration does not provide a sufficient basis for concluding that respect for human rights as defined in the convention and its protocols does not require it to continue its examination of the case (see magoch v. ..... so, the court rejects the governments request to strike the application out under article 37 of the convention and will accordingly pursue its examination of the admissibility and merits of the case. ii. ..... the court has frequently found violations of article 6 1 of the convention in cases raising issues similar to the one in the present case (see frydlender, cited above ..... requirement, laid down in article 6 1 of the convention, which reads as follows: in the determination of his civil rights and ..... article 41 of the convention provides: if the court finds that there has been a violation of the convention or the protocols thereto, and if the internal law of the high contracting party concerned allows only partial reparation to be made, the court shall, if necessary, afford just satisfaction to the injured ..... alleged violation of article 6 1 of the convention on account of the unreasonable length of the ..... lodged three complaints under section 5 of the law of 17 june 2004 on complaints about a breach of the right to a trial within a reasonable time (ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w post powaniu s dowym bez nieuzasadnionej zw oki) (the 2004 act?). 9. .....
Tag this Judgment!Court : European Court of Human Rights
..... terms of the governments unilateral declaration, the court considers, in the particular circumstances of the case, that it does not provide a sufficient basis for concluding that respect for human rights, as defined in the convention and its protocols, does not require it to continue its examination of the case (see magoch v. ..... so, the court rejects the governments request to strike the application out of its list of cases under article 37 of the convention and will accordingly pursue its examination of the admissibility and merits of the case. ii. ..... the court has frequently found violations of article 6 1 of the convention in cases raising issues similar to the one in the present case (see frydlender, cited ..... requirement, laid down in article 6 1 of the convention, which reads as follows: in the determination of his civil rights ..... article 41 of the convention provides: if the court finds that there has been a violation of the convention or the protocols thereto, and if the internal law of the high contracting party concerned allows only partial reparation to be made, the court shall, if necessary, afford just satisfaction to the injured ..... october 2004 each of the applicants lodged their complaint with the d court of appeal under section 5 of the law of 17 june 2004 on complaints about a breach of the right to a trial within a reasonable time (ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w post powaniu s dowym bez nieuzasadnionej zw oki) (the 2004 act?). 17. .....
Tag this Judgment!Court : European Court of Human Rights
..... holds, by five votes to two, (a) that the respondent state is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with article 44 2 of the convention, the following amounts, to be converted into pounds sterling at the rate applicable at the date of settlement: (i) eur 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of ..... seems to be based on several implicit assumptions: (1) that the question whether or not acts which result in proceeds being confiscated fall within the ambit of the rights protected under the convention (or the protocols) is irrelevant from the viewpoint of the convention; (2) that the confiscation of the proceeds of crime should be dealt with under the convention in the same way as any other interference with property rights (see the reference to ..... sentence and the recommendation for deportation, the prosecution sought a confiscation order under section 6 of the proceeds of crime act 2002 in respect of the applicants earnings (see relevant domestic law and practice ..... determining, under the 2002 act, whether d has obtained property or a pecuniary advantage and, if so, the value of any property or advantage so obtained, the court should (subject to any relevant statutory definition) apply ordinary common law ..... is by definition an interference ..... focus very closely on the language of the statutory provision in question in the context of the statute and in the light of any statutory definition. .....
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