OLEYNIK v. RUSSIA - 23559/07 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 553 (21 June 2016)

OLEYNIK v. RUSSIA - 23559/07 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text [2016] ECHR 553 (21 June 2016)

The applicant was unlawfully detained by FSB officers for approximately 10-15 hours without procedural safeguards, constituting a violation of Article 5 § 1. He sustained injuries during this detention, and the state failed to provide a plausible explanation, resulting in a violation of Article 3 (material aspect)....

Source-derived case information.

Citation
[2016] ECHR 553
Parties
Applicant: Aleksey Nikolayevich Oleynik; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under European Convention on Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Application allowed in part; violations found under Articles 3, 5 § 1, and 8; other complaints rejected.
Legal Topics
Unlawful Detention, Inhuman or Degrading Treatment, Right to Privacy, Effective Investigation, Admissibility of Evidence
Human Rights Criminal Law Constitutional Law Unlawful Detention Inhuman or Degrading Treatment Right to Privacy Effective Investigation Admissibility of Evidence

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Parties

Aleksey Nikolayevich Oleynik

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under European Convention on Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant was unlawfully detained in violation of Article 5 § 1 of the Convention
  2. 2 Whether the applicant was subjected to inhuman or degrading treatment in violation of Article 3 (material and procedural aspects)
  3. 3 Whether the recording of conversations violated Article 8 (right to privacy)

Ratio Decidendi

The applicant was unlawfully detained by FSB officers for approximately 10-15 hours without procedural safeguards, constituting a violation of Article 5 § 1. He sustained injuries during this detention, and the state failed to provide a plausible explanation, resulting in a violation of Article 3 (material aspect). The investigation into his allegations was inadequate, violating Article 3 (procedural aspect). The covert recording of conversations was not sufficiently regulated by national law and lacked adequate safeguards, violating Article 8. Other complaints were manifestly ill-founded and rejected.

Court Disposition

Application allowed in part; violations found under Articles 3, 5 § 1, and 8; other complaints rejected.

Orders

  • State to pay applicant 13,000 EUR for moral damages.
  • State to pay applicant 1,650 EUR for costs and expenses, minus 850 EUR already paid.