KSENZ AND OTHERS v. RUSSIA - 45044/06 (Judgment : Violation of Prohibition of torture (Degrading treatment Inhuman treatment) (Substantive aspect) Viol...) [2017] ECHR 1118 (12 December 2017)

KSENZ AND OTHERS v. RUSSIA - 45044/06 (Judgment : Violation of Prohibition of torture (Degrading treatment Inhuman treatment) (Substantive aspect) Viol...) [2017] ECHR 1118 (12 December 2017)

Applicants' credible allegations of police ill-treatment were not effectively investigated; Government failed to provide satisfactory explanations for injuries. Police subjected applicants to inhuman and degrading treatment in violation of Article 3 ECHR. Detention of Mr Ksenz and Mr Lebedev was unlawful and violated Article 5 § 1 ECHR.

Citation
[2017] ECHR 1118
Parties
Applicant: Mr Ksenz; Applicant: Mr Lebedev; Applicant: Mr Korolev; Applicant: Mr Ivanov; Heir of Applicant: Ms Larisa Ivanova; Applicant: Mr Kolistratov; Applicant: Mr Sergeyev; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
12 December 2017
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation of Article 3 and Article 5 § 1 ECHR found; just satisfaction awarded.
Legal Topics
Police Misconduct, Ill Treatment in Custody, Effective Investigation, Unlawful Detention, Article 3 ECHR, Article 5 ECHR
Human Rights Law Criminal Law Administrative Law Police Misconduct Ill Treatment in Custody Effective Investigation Unlawful Detention Article 3 ECHR +1 more

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Parties

Mr Ksenz

Applicant

Mr Lebedev

Applicant

Mr Korolev

Applicant

Mr Ivanov

Applicant

Ms Larisa Ivanova

Heir of Applicant

Mr Kolistratov

Applicant

Mr Sergeyev

Applicant

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether applicants were subjected to inhuman or degrading treatment by police
  2. 2 Whether authorities conducted an effective investigation into allegations of ill-treatment
  3. 3 Whether applicants' detention was lawful under Article 5 ECHR

Ratio Decidendi

Applicants' credible allegations of police ill-treatment were not effectively investigated; Government failed to provide satisfactory explanations for injuries. Police subjected applicants to inhuman and degrading treatment in violation of Article 3 ECHR. Detention of Mr Ksenz and Mr Lebedev was unlawful and violated Article 5 § 1 ECHR.

Court Disposition

Violation of Article 3 and Article 5 § 1 ECHR found; just satisfaction awarded.

Orders

  • Applications joined
  • Ms Ivanova permitted to pursue Mr Ivanov's application