SHAMAYEV AND 12 OTHERS v. GEORGIA AND RUSSIA - 36378/02 [2005] ECHR 233 (12 April 2005)

SHAMAYEV AND 12 OTHERS v. GEORGIA AND RUSSIA - 36378/02 [2005] ECHR 233 (12 April 2005)

The Court found that the extradition and detention procedures violated several provisions of the European Convention on Human Rights, including the prohibition of torture and the right to liberty, due to inadequate safeguards and risk of ill-treatment.

Source-derived case information.

Citation
[2005] ECHR 233
Parties
Applicants: Shamayev and 12 Others; Respondent: Georgia; Respondent: Russia
Jurisdiction
European Union
Judgment Date
12 April 2005
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application partly allowed
Legal Topics
Extradition, Right to Liberty, Prohibition of Torture, Right to a Fair Trial
Human Rights Law International Law Extradition Right to Liberty Prohibition of Torture Right to a Fair Trial

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Summary, issues, holding and outcome

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Parties

Shamayev and 12 Others

Applicants

Georgia

Respondent

Russia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the extradition of the applicants violated their rights under the European Convention on Human Rights
  2. 2 Whether the detention conditions and procedures were compatible with the Convention
  3. 3 Whether the applicants were at risk of torture or inhuman or degrading treatment

Ratio Decidendi

The Court found that the extradition and detention procedures violated several provisions of the European Convention on Human Rights, including the prohibition of torture and the right to liberty, due to inadequate safeguards and risk of ill-treatment.

Court Disposition

Application partly allowed

Orders

  • Respondents found in violation of the Convention
  • Monetary compensation awarded to applicants