RANTSEV v. CYPRUS AND RUSSIA / ECHR

Notes

Date	07/01/2010
AppNr	25965/04
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	1; 2; 2-1; 37; 37-1; 4; 4-1; 4-2; 41; 5; 5-1
Violated / NonViolated	24524
Citations	26-16-3-d814382414P1-1

Conclusions:

No violation of Art. 2
No violation of Art. 2 by Cyprus (substantive aspect)
No violation of Art. 2 by Russia
No violation of Art. 4
No violation of Art. 4 by Russia
Non-pecuniary damage - award
Preliminary objection dismissed (ratione loci)
Preliminary objection dismissed (ratione materiae)
Preliminary objection joined to the merits (ratione materiae)
Remainder inadmissible
Request for strike out rejected
Violation of Art. 2
Violation of Art. 2 by Cyprus (procedural aspect)
Violation of Art. 4
Violation of Art. 4 by Cyprus
Violation of Art. 4 by Russia
Violation of Art. 5
Violation of Art. 5 by Cyprus

Keywords:

(art. 2-1) effective investigation
(art. 2-1) life
(art. 35-3) ratione loci
(art. 35-3) ratione materiae
(art. 37-1) striking out applications
(art. 4-1) servitude
(art. 4-1) slavery
(art. 4-2) compulsory labour
(art. 4-2) forced labour
(art. 5-1) deprivation of liberty
(art. 5-1) lawful arrest or detention
positive obligations

ECHR Notes

Originating Body	Court (First Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Selected for publication in Reports of Judgments and Decisions
Language	ENGLISH
Application Number	25965/04
Importance Level	1
Represented by	CHURKINA L. M.
Respondent State	Cyprus;Russia
Date of Judgment	07/01/2010
Applicability	Article 4 applicable
Conclusion	Request for strike out rejected ; Preliminary objection dismissed (ratione loci) ; Preliminary objection joined to the merits (ratione materiae) ; Preliminary objection dismissed (ratione materiae) ; No violation of Art. 2 by Cyprus (substantive aspect) ; Violation of Art. 2 by Cyprus (procedural aspect) ; No violation of Art. 2 by Russia ; Violation of Art. 4 by Cyprus ; No violation of Art. 4 by Russia ; Violation of Art. 4 by Russia ; Violation of Art. 5 by Cyprus ; Remainder inadmissible ; Non-pecuniary damage - award
Articles	1 ; 2 ; 2-1 ; 4 ; 4-1 ; 4-2 ; 5 ; 5-1 ; 37 ; 37-1 ; 41
Separate Opinions	No
Law at Issue	Articles 7-11 of the Cypriot Constitution ; Article 20 of the Aliens and Immigration Law ; Sections 14, 16, 24, 25 and 30 of the Coroners Law ; Sections 2, 5, 6, 7, 10 and 11 of the Law No. 3(1) of 2000 on the Combating of Trafficking in Persons and Sexual Exploitation of Children ; Articles 11 and 12 of the Criminal Code of the Russian Federation ; Articles 105, 125, 126 and 127.1 of the Russian Criminal Code
Strasbourg Case Law	Aktas v. Turkey, no. 24351/94, § 352, ECHR 2003-V (extracts) ; Al-Adsani v. the United Kingdom [GC], no. 35763/97, §§ 38-39, 55, ECHR 2001-XI ; Artico v. Italy, 13 May 1980, § 33, Series A no. 37 ; Bankovic and Others v. Belgium and 16 Other Contracting States (dec.) [GC], no. 52207/99, §§ 59-61, ECHR 2001-XII ; Çakici v. Turkey [GC], no. 23657/94, §§ 80-87 and 106, ECHR 1999-IV ; Calvelli and Ciglio v. Italy [GC], no. 32967/96, §§ 48 to 50, ECHR 2002-I ; Capital Bank AD v. Bulgaria, no. 49429/99, §§ 78 to 79, ECHR 2005-XII (extracts) ; Christine Goodwin v. the United Kingdom [GC], no. 28957/95, § 71, ECHR 2002-VI ; Demir and Baykara v. Turkey [GC], no. 34503/97, § 67, 12 November 2008 ; Dinchev v. Bulgaria, no. 23057/03, § 39, 22 January 2009 ; Drozd and Janousek v. France and Spain, 26 June 1992, Series A no. 240 ; Engel and Others v. the Netherlands, 8 June 1976, §§ 58-59, Series A no. 22 ; Golder v. the United Kingdom, 21 February 1975, § 29, Series A no. 18 ; Guerra and Others v. Italy, 19 February 1998, §§ 58 to 60, Reports of Judgments and Decisions 1998-I ; Güleç v. Turkey, 27 July 1998, § 82, Reports of Judgments and Decisions 1998-IV ; Guzzardi v. Italy, 6 November 1980, §§ 86, 92-93, Series A no. 39 ; Hugh Jordan v. the United Kingdom, no. 24746/94, § 120, ECHR 2001-III (extracts) ; Ilhan v. Turkey [GC], no. 22277/93, § 63, ECHR 2000-VII ; Ireland v. the United Kingdom, 18 January 1978, § 154, Series A no. 25 ; Järvinen v. Finland, no. 30408/96, Commission decision of 15 January 1998 ; Karner v. Austria, no. 40016/98, § 26, ECHR 2003-IX ; Kaya v. Turkey, 19 February 1998, § 86, Reports 1998-I ; Kelly and Others v. the United Kingdom, no. 30054/96, §§ 97-98, 114, 4 May 2001 ; L.C.B. v. the United Kingdom, 9 June 1998, § 36, Reports 1998-III ; Loizidou v. Turkey, 18 December 1996, Reports of Judgments and Decisions 1996-VI, § 43 ; Mahmut Kaya v. Turkey, no. 22535/93, §§ 115-116, ECHR 2000-III ; McCann and Others v. the United Kingdom, 27 September 1995, § 161, Series A no. 324 ; Medova v. Russia, no. 25385/04, §§ 95-96, 103, 15 January 2009 ; Menson v. the United Kingdom (dec.), no. 47916/99, ECHR 2003-V ; Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, §§ 93, 96-97, 99-102, ECHR 2005-VII ; Novotka v. Slovakia (dec.), no. 47244/99, 4 November 2003 ; Öcalan v. Turkey [GC], no. 46221/99, § 163, ECHR 2005-IV ; Öneryildiz v. Turkey [GC], no. 48939/99, §§ 70 to 74, ECHR 2004-XII ; Opuz v. Turkey, no. 33401/02, §§ 128, 133-136, 9 June 2009 ; Osman v. the United Kingdom, §§ 115-117, 121, 28 October 1998, Reports 1998-VIII ; Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, §§ 54-55, 69, 70-73, ECHR 2002-II ; Perez v. France [GC], no. 47287/99, § 70, ECHR 2004-I ; Radoszewska-Zakoscielna v. Poland, no. 858/08, § 50, 20 October 2009 ; Rampogna and Murgia v. Italy (dec.), no. 40753/98, 11 May 1999 ; Riera Blume and Others v. Spain, no. 37680/97, §§ 28, 31-35, ECHR 1999-VII ; Saadi v. the United Kingdom [GC], no. 13229/03, § 62, ECHR 2008 ; Seguin v. France (dec.), no. 42400/98, 7 March 2000 ; Selmouni v. France [GC], no. 25803/94, § 101, ECHR 1999-V ; Siliadin v. France, §§ 82, 89, 112, 117, 121-122, 124, no. 73316/01, ECHR 2005-VII ; Soering v. the United Kingdom, 7 July 1989, § 87, Series A no. 161 ; Stec and Others v. the United Kingdom (dec.) [GC], nos. 65731/01 and 65900/01, § 48, ECHR 2005-X ; Storck v. Germany, no. 61603/00, §§ 76-78, ECHR 2005-V ; Tahsin Acar v. Turkey (preliminary objection) [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI ; Van der Mussele v. Belgium, 23 November 1983, §§ 34, 36, Series A no. 70 ; Van Droogenbroeck v. Belgium, Commission’s report of 9 July 1980, §§ 78-80, Series B no. 44 ; Yasa v. Turkey, 2 September 1998, §§ 102-104, Reports 1998-VI ; Z and Others v. the United Kingdom [GC], no. 29392/95, §§ 73 to 74, ECHR 2001-V
External Sources	Ex Officio report of the Cypriot Ombudsman on the regime regarding entry and employment of alien women as artistes in entertainment places in Cyprus, 24 November 2003 ; Report of 12 February 2004 by the Council of Europe Commissioner for Human Rights on his visit to Cyprus in June 2003 (CommDH(2004)2) ; Follow-up report of 26 March 2006 by the Council of Europe Commissioner for Human Rights on the progress made in implementing his recommendations (CommDH(2006)12) ; Report of 12 December 2008 by the Council of Europe Commissioner for Human Rights on his visit to Cyprus on 7-10 July 2008 (CommDH(2008)36) ; Trafficking in Persons Report, U.S. State Department, June 2008 ; Articles 1, 2, 5 and 6 of the 1926 Slavery Convention; judgment of of the International Criminal Tribunal for the Former Yugoslavia in the case of Prosecutor v. Kunarac, Vukovic and Kovac, 12 June 2002 ; Article 7(1)(c) of the Statute of the International Criminal Court ; The 1949 Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others ; Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women ; Articles 3, 5, 6, 9 and 10, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime 2000 ; The Framework Decision of the Council of the European Union on combating trafficking in human beings (Framework Decision 2002/JHA/629 of 19 July 2002) ; Recommendation No. R (2000) 11 of the Committee of Ministers to member states on action against trafficking in human beings for the purpose of sexual exploitation ; Recommendation Rec (2001) 16 of the Committee of Ministers to member states on the protection of children against sexual exploitation ; Recommendation Rec (2002) 5 of the Committee of Ministers to member states on the protection of women against violence ; Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member States ; Recommendation 1450 (2000) on violence against women in Europe ; Recommendation 1523 (2001) on domestic slavery ; Recommendation 1526 (2001) on the campaign against trafficking in minors to put a stop to the east European route: the example of Moldova ; Recommendation 1545 (2002) on the campaign against trafficking in women ; Recommendation 1610 (2003) on migration connected with trafficking in women and prostitution ; Recommendation 1663 (2004) on domestic slavery: servitude, au pairs and “mail-order brides” ; Articles 1, 4-6, 10, 12, 18, 23, 27, 31 and 32 of the Council of Europe Convention on Action against Trafficking in Human Beings ; Article 1, 3 and 26 of the Mutual Assistance Convention; Articles 2, 3, 6, 18, 35 and 36 of the Legal Assistance Treaty
Keywords	"(Art. 2-1) EFFECTIVE INVESTIGATION" "(Art. 2-1) LIFE" "(Art. 35-3) RATIONE LOCI" "(Art. 35-3) RATIONE MATERIAE" "(Art. 37-1) STRIKING OUT APPLICATIONS" "(Art. 4-1) SERVITUDE" "(Art. 4-1) SLAVERY" "(Art. 4-2) COMPULSORY LABOUR" "(Art. 4-2) FORCED LABOUR" "(Art. 5-1) DEPRIVATION OF LIBERTY" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "POSITIVE OBLIGATIONS"

References 47

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ECHR CaseLaw

RANTSEV v. CYPRUS AND RUSSIA View

Notes

ECHR Notes

References 47

Citations Breakdown

Citations 11

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