SOLDATENKO v. UKRAINE View

Notes

Date	23/10/2008
AppNr	2440/07
Body	Court (Fifth Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 29-3; 3; 35-1; 5-1; 5-1-f; 5-4
Violated / NonViolated	35-15-413
Citations	35-15-1-f5-25-45-51334P4-2P7-125-134

Conclusions:

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies)
Preliminary objections dismissed
Remainder inadmissible
Violation of Art. 13
Violation of Art. 3
Violation of Art. 3 (in case of extradition to Turkmenistan)
Violation of Art. 5-1
Violation of Art. 5-4

Keywords:

(art. 13) effective remedy
(art. 3) degrading treatment
(art. 3) extradition
(art. 3) inhuman treatment
(art. 35-1) effective domestic remedy
(art. 35-1) exhaustion of domestic remedies
(art. 5-1) lawful arrest or detention
(art. 5-1) procedure prescribed by law
(art. 5-1-f) extradition
(art. 5-4) review of lawfulness of detention
(art. 5-4) take proceedings

ECHR Notes

Originating Body	Court (Fifth Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	2440/07
Importance Level	2
Represented by	BUSHCHENKO A.P.
Respondent State	Ukraine
Date of Judgment	23/10/2008
Conclusion	Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies) ; Preliminary objections dismissed ; Remainder inadmissible ; Violation of Art. 3 (in case of extradition to Turkmenistan) ; Violation of Art. 13 ; Violation of Art. 5-1 ; Violation of Art. 5-4
Articles	3 ; 5-1 ; 5-1-f ; 5-4 ; 13 ; 29-3 ; 35-1
Separate Opinions	No
Law at Issue	Art. 29 and 55 of the Constitution ; Art. 2 of the Code of Administrative Justice ; Art. 106, 165-2 and 382 of the Code of Criminal Procedure ; Chapter 54 of the Code of Criminal Procedure of Russia ; The CIS Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters 1993 (“the Minsk Convention”)
Strasbourg Case Law	Al-Moayad v. Germany (dec.), no.o35865/03, §§ 65-66, 20 February 2007 ; Amuur v. France, judgment of 25 June 1996, Reports 1996-III, § 50 ; Baranowski v. Poland, no. 28358/95, §§ 50-52, ECHR 2000-III ; Chahal v. the United Kingdom, judgment of 15 November 1996, Reports of Judgments and Decisions 1996-V, §§ 99-100, 105 and 112 ; De Wilde, Ooms and Versyp v. Belgium, judgment of 18 June 1971, Series A no. 12, § 76 ; Fatgan Katani and Others v. Germany (dec.), no. 67679/01, 31 May 2001 ; Garabayev v. Russia, no. 38411/02, §§ 73, 75 and 105, 7 June 2007, ECHR 2007 (extracts) ; Gorshkov v. Ukraine, no. 67531/01, § 30, 8 November 2005 ; Jecius v. Lithuania, no. 34578/97, § 56, ECHR 2000-IX ; Khudoyorov v. Russia, no. 6847/02, § 125, ECHR 2005-X (extracts) ; Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, § 73, ECHR 2005-I ; Mentes and Others v. Turkey, judgment of 28 November 1997, Reports of Judgments and Decisions 1997-VIII, § 57 ; Müslim v. Turkey, no.o53566/99, § 67, 26 April 2005 ; Nasrulloyev v. Russia, no. 656/06, §§ 72-77, 11 October 2007 ; Quinn v. France, judgment of 22 March 1995, Series A no. 311, § 53 ; Saadi v. Italy [GC], no. 37201/06, §§ 132, 143-146, 148 and 160, 28 February 2008 ; Said v. the Netherlands, no. 2345/02, § 54, 5 July 2005 ; Soering v. the United Kingdom, judgment of 7 July 1989, Series A no. 161, pp. 35-36, §§ 89-91 ; Stoichkov v. Bulgaria, no. 9808/02, § 66 in fine, 24 March 2005 ; Vachev v. Bulgaria, no. 42987/98, § 71, ECHR 2004-VIII (extracts) ; Vilvarajah and Others v. the United Kingdom, judgment of 30 October 1991, Series A no. 215, §§ 108 and 111
External Sources	The Country Reports on Human Rights Practices of the US Department of State 2003 and 2006 ; Report of 3 October 2006 by the United Nations Secretary-General on the situation of Human Rights in Turkmenistan to the United National General Assembly ; Report 2007 on Human Rights in the OSCE Region of The International Helsinski Federation for Human Rights ; World Report 2007 of Human Rights Watch ; Recommendation N° R (98) of the Committee of Ministers to Member States on the right of rejected asylum seekers to an effective remedy against decisions on expulsion in the context of article 3 of the European Convention on Human Rights
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) EXTRADITION" "(Art. 3) INHUMAN TREATMENT" "(Art. 35-1) EFFECTIVE DOMESTIC REMEDY" "(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1) PROCEDURE PRESCRIBED BY LAW" "(Art. 5-1-f) EXTRADITION" "(Art. 5-4) REVIEW OF LAWFULNESS OF DETENTION" "(Art. 5-4) TAKE PROCEEDINGS"

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	370 CHAHAL v. THE UNITED KINGDOM 3, 5-4, 13, 5-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	15/11/1996
	433 AMUUR v. FRANCE 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1996
	271 VILVARAJAH AND OTHERS v. THE UNITED KINGDOM 3, 13 Court (Chamber) Judgment (Merits)	30/10/1991
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Citations Breakdown

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1–10 of 31

Citations 31

	MOKALLAL v. UKRAINE 5-1, 5-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/11/2011
	LEJA v. LATVIA 34 Court (Third Section) Judgment (Merits and Just Satisfaction)	14/06/2011
	TOUMI v. ITALY 3, 34 Court (Second Section) Judgment (Merits and Just Satisfaction)	05/04/2011
	NOWAK v. UKRAINE 3, 5-1, 5-2, 5-4, P7-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	31/03/2011
	1 MINARIK c. RÉPUBLIQUE TCHÈQUE P4-2 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	2 LOULED MASSOUD v. MALTA 5-4, 5-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	27/07/2010
	2 KOLESNIK v. RUSSIA 3, 5-1, 5-4 Court (First Section) Judgment (Merits and Just Satisfaction)	17/06/2010
	5 GARAYEV v. AZERBAIJAN 3, 13, 5-1-f Court (First Section) Judgment (Merits and Just Satisfaction)	10/06/2010
	3 KAMYSHEV v. UKRAINE 5-1-f, 5-4 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	20/05/2010
	1 TRABELSI v. ITALY 3, 34 Court (Second Section) Judgment (Merits and Just Satisfaction)	13/04/2010

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