REHBOCK v. SLOVENIA View

Notes

Date	28/11/2000
AppNr	29462/95
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	3; 35-1; 41; 5-4; 5-5; 8
Violated / NonViolated	35-45-583
Citations	235-15-1-c5-1-e5-1-f5-25-35-45-56-16-3-c781011132355-15-1-c5-35-45-566-16-3-b6-3-c6-3-d77-1811131434

Conclusions:

Costs and expenses partial award
No violation of Art. 3
No violation of Art. 3 as regards treatment during detention
Non-pecuniary damage - financial award
Pecuniary damage - claim dismissed
Preliminary objection dismissed (non-exhaustion)
Violation of Art. 3
Violation of Art. 3 as regards treatment on arrest
Violation of Art. 5-4
Violation of Art. 5-5
Violation of Art. 8

Keywords:

(art. 3) inhuman punishment
(art. 3) inhuman treatment
(art. 35-1) effective domestic remedy
(art. 5-4) speediness of review
(art. 5-5) compensation
(art. 8-1) respect for correspondence

ECHR Notes

Originating Body	Court (First Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2000-XII
Language	ENGLISH;FRENCH;GEORGIAN;SLOVENIAN
Application Number	29462/95
Importance Level	1
Represented by	N/A
Respondent State	Slovenia
Referred by	Commission
Date of Reference	11/09/1999
Date of Judgment	28/11/2000
Conclusion	Preliminary objection dismissed (non-exhaustion) ; Violation of Art. 3 as regards treatment on arrest ; No violation of Art. 3 as regards treatment during detention ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 8 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - financial award ; Costs and expenses partial award
Articles	3 ; 5-4 ; 5-5 ; 8 ; 35-1 ; 41
Separate Opinions	Yes
Law at Issue	Code of Criminal Procedure, sections 211(3), 542(1) ; Constitution, Article 26
Strasbourg Case Law	Camenzind v. Switzerland judgment of 16 December 1997, Reports 1997-VIII, p. 2895, § 50 ; Campbell v. the United Kingdom judgment of 25 March 1992, Series A no. 233, p. 22, § 62 ; Jecius v. Lithuania, no. 34578/97, § 112, ECHR 2000 ; Kaya v. Turkey judgment of 19 February 1998, Reports 1998-I, p. 321, § 75 ; Klaas v. Germany judgment of 22 September 1993, Series A no. 269, pp. 16-18, §§ 26-30 ; Musial v. Poland [GC], no. 24557/94, § 43, ECHR 1999-II ; Nikolova v. Bulgaria [GC], no. 31195/96, § 44, ECHR 1999-II ; Petra v. Romania judgment of 23 September 1998, Reports 1998-VII, p. 2853, § 36 ; R.M.D. v. Switzerland judgment of 26 September 1997, Reports 1997-VI, p. 2013, § 42 ; Ribitsch v. Austria judgment of 4 December 1995, Series A no. 336, p. 26, § 38 ; Sakik and Others v. Turkey judgment of 26 November 1997, Reports 1997-VII, p. 2626, § 60 ; Silver and Others v. the United Kingdom judgment of 25 March 1993, Series A no. 61, p. 32, § 84 ; Thlimmenos v. Greece [GC], no. 34369/97, § 28, ECHR 2000
Keywords	"(Art. 3) INHUMAN PUNISHMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 35-1) EFFECTIVE DOMESTIC REMEDY" "(Art. 5-4) SPEEDINESS OF REVIEW" "(Art. 5-5) COMPENSATION" "(Art. 8-1) RESPECT FOR CORRESPONDENCE"

Application Documents 1

11

REHBOCK v. SLOVENIA

Commission (First Chambe… Decision

20/05/1998

References 15

	69 BAYRAK ET AUTRES c. TURQUIE Court (Third Section) Decision	14/09/2004
	189 JECIUS v. LITHUANIA 5-1, 5-3, 5-4, 5-1, 5-3 Court (Third Section) Judgment (Merits and Just Satisfaction)	31/07/2000
	104 THLIMMENOS v. GREECE 14, 9, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	934 SELMOUNI v. FRANCE 3, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	60 MUSIAL v. POLAND 5-4 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/03/1999
	565 NIKOLOVA v. BULGARIA 5-3, 5-4 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/03/1999
	51 PETRA v. ROMANIA 8, 25 Court (Chamber) Judgment (Merits and Just Satisfaction)	23/09/1998
	375 KAYA v. TURKEY 2, 13, 2, 14, 6, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	48 CAMENZIND v. SWITZERLAND 8, 13, 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	16/12/1997
	32 R.M.D. v. SWITZERLAND 5-4 Court (Chamber) Judgment (Merits and Just Satisfaction)	26/09/1997
	293 RIBITSCH v. AUSTRIA 3 Court (Chamber) Judgment (Merits and Just Satisfaction)	04/12/1995
	329 KLAAS v. GERMANY 3 Court (Chamber) Judgment (Merits)	22/09/1993
	86 CAMPBELL v. THE UNITED KINGDOM 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/03/1992
	228 SILVER AND OTHERS v. THE UNITED KINGDOM 6-1, 8, 13 Court (Chamber) Judgment (Merits)	25/03/1983
	87 CAMPBELL AND COSANS v. THE UNITED KINGDOM P1-2, 3 Court (Chamber) Judgment (Merits)	25/02/1982

Citations Breakdown

1–10 of 143

Citations 143

	METE AND OTHERS v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	04/10/2011
	2 NECHIPORUK AND YONKALO v. UKRAINE 3, 5-1, 5-2, 5-3, 5-4, 5-5, 6-1, 6-3-c Court (Fifth Section) Judgment (Merits and Just Satisfaction)	21/04/2011
	SARIGIANNIS v. ITALY 3, 5-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	05/04/2011
	NIKOLAY FEDOROV v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	05/04/2011
	MUNGAI v. THE UNITED KINGDOM Court (Fourth Section) Decision	22/03/2011
	ILJINA AND SARULIENE v. LITHUANIA 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	15/03/2011
	1 KUPTSOV AND KUPTSOVA v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	03/03/2011
	SOARE AND OTHERS v. ROMANIA 2, 13, 3, 14, 2, 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	22/02/2011
	PELEVIN v. RUSSIA 5-3, 5-4 Court (First Section) Judgment (Merits and Just Satisfaction)	10/02/2011
	GÜLIZAR TUNCER c. TURQUIE Court (Second Section) Judgment (Merits and Just Satisfaction)	08/02/2011

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