ILASCU AND OTHERS v. MOLDOVA AND RUSSIA View

Notes

Date	08/07/2004
AppNr	48787/99
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	1; 2; 3; 30; 34; 36; 38-1-a; 41; 46; 5-1-a; 6; 8; P1-1
Violated / NonViolated	3535P1-1
Citations	2355-15-35-45-566-16-26-3-c7-1891011131434P1-1P1-32355-35-46-181013143438P1-1P1-3

Conclusions:

Costs and expenses partial award - Convention proceedings
Failure by Moldova to discharge obligations under Art. 34
Failure by the Russian Federation to discharge obligations under Art. 34
No violation of Art. 3
No violation of Art. 3 by Moldova with regard to the first applicant
No violation of Art. 5
No violation of Art. 5 by Moldova with regard to the first applicant
No violation of P1-1
Non-pecuniary damage - financial award
Not necessary to examine Art. 2
Not necessary to examine Art. 8
Pecuniary damage - financial award
Violation of Art. 3
Violation of Art. 3 by Moldova with regard to the second and fourth applicants
Violation of Art. 3 by Moldova with regard to the third applicant
Violation of Art. 3 by the Russian Federation with regard to the first applicant
Violation of Art. 3 by the Russian Federation with regard to the second and fourth applicants
Violation of Art. 3 by the Russian Federation with regard to the third applicant
Violation of Art. 5
Violation of Art. 5 by Moldova with regard to the other applicants
Violation of Art. 5 by the Russian Federation with regard to all four applicants

Keywords:

(art. 1) jurisdiction of states
(art. 1) responsibility of states
(art. 2-1) death penalty
(art. 3) degrading treatment
(art. 3) inhuman treatment
(art. 3) torture
(art. 34) hinder the exercise of the right of petition
(art. 35-1) continuing situation
(art. 35-3) ratione temporis
(art. 5-1) lawful arrest or detention
(art. 5-1) procedure prescribed by law
(art. 5-1-a) after conviction

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2004-VII
Language	ENGLISH;FRENCH;GEORGIAN
Application Number	48787/99
Importance Level	1
Represented by	N/A
Respondent State	Moldova
Date of Judgment	08/07/2004
Conclusion	Not necessary to examine Art. 2 ; No violation of Art. 3 by Moldova with regard to the first applicant ; Violation of Art. 3 by the Russian Federation with regard to the first applicant ; Violation of Art. 3 by Moldova with regard to the third applicant ; Violation of Art. 3 by the Russian Federation with regard to the third applicant ; Violation of Art. 3 by Moldova with regard to the second and fourth applicants ; Violation of Art. 3 by the Russian Federation with regard to the second and fourth applicants ; No violation of Art. 5 by Moldova with regard to the first applicant ; Violation of Art. 5 by Moldova with regard to the other applicants ; Violation of Art. 5 by the Russian Federation with regard to all four applicants ; Not necessary to examine Art. 8 ; No violation of P1-1 ; Failure by Moldova to discharge obligations under Art. 34 ; Failure by the Russian Federation to discharge obligations under Art. 34 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings
Articles	1 , 2 , 3 , 5-1-a , 6 , 8 , 30 , 34 , 36 , 38-1-a , 41 , 46 , P1-1
Separate Opinions	Yes
Strasbourg Case Law	Soering v. the United Kingdom, judgment of 7 July 1989, Series A no. 161, p. 35, §§ 88-91, p. 41, § 104, p. 44, § 111 ; Stafford v. the United Kingdom [GC], no. 46295/99, § 63, ECHR 2002-IV ; Valašinas v. Lithuania, no. 44558/98, § 101, ECHR 2001-VIII ; Winterwerp v. the Netherlands, judgment of 24 October 1979, Series A no. 33, § 45 ; Z v. the United Kingdom [GC], no. 29392/95, § 73, ECHR 2001-V
Keywords	"(Art. 1) JURISDICTION OF STATES" "(Art. 1) RESPONSIBILITY OF STATES" "(Art. 2-1) DEATH PENALTY" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 3) TORTURE" "(Art. 34) HINDER THE EXERCISE OF THE RIGHT OF PETITION" "(Art. 35-1) CONTINUING SITUATION" "(Art. 35-3) RATIONE TEMPORIS" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1) PROCEDURE PRESCRIBED BY LAW" "(Art. 5-1-a) AFTER CONVICTION"

Application Documents 1

ILASCU and OTHERS v. MOLDOVA and the RUSSIAN FEDERATION

Court (Grand Chamber) Decision

04/07/2001

References 35

	153 ASSANIDZE v. GEORGIA 5-1, 6-1, 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/04/2004
	68 MAESTRI v. ITALY 11 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	17/02/2004
	22 GARAUDY v. FRANCE Court (Fourth Section) Decision	24/06/2003
	35 POLTORATSKIY v. UKRAINE 3, 8, 9, 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	29/04/2003
	106 ALLAN v. THE UNITED KINGDOM 8, 6-1, 13 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	05/11/2002
	219 KALASHNIKOV v. RUSSIA 3, 5-3, 6-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	15/07/2002
	61 STAFFORD v. THE UNITED KINGDOM 5-1, 5-4 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/05/2002
	10 GENTILHOMME, SCHAZFF-BENHADJI AND ZEROUKI v. FRANCE 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	14/05/2002
	45 GORZELIK AND OTHERS v. POLAND 11 Court (Fourth Section) Judgment (Merits)	20/12/2001
	46 BANKOVIC, STOJADINOVIC, STOIMENOVSKI, JOKSIMOVIC and SUKOVIC v. BELGIUM, THE CZECH REPUBLIC, DENMARK, FRANCE, GERMANY, GREECE, HUNGARY, ICELAND, ITALY, LUXEMBOURG, THE NETHERLANDS, NORWAY, POLAND, PORTUGAL, SPAIN, TURKEY and THE UNITED KINGDOM Court (Grand Chamber) Decision	12/12/2001
	118 CYPRUS v. TURKEY 2, 5, 3, 9, 10, 2, 4, 5, 9, P1-1 Court (Grand Chamber) Judgment (Merits)	10/05/2001
	161 Z. AND OTHERS v. THE UNITED KINGDOM 3, 13, 6 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	10/05/2001
	1907 KUDLA v. POLAND 5-3, 6-1, 13, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	26/10/2000
	213 SCOZZARI AND GIUNTA v. ITALY 8, 8, 3, P1-2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	13/07/2000
	519 SALMAN v. TURKEY 2, 3, 13 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	27/06/2000
	1035 LABITA v. ITALY 3, 5-3, 5-1, 8, P4-2, P1-3, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	54 OZGUR GUNDEM v. TURKEY 10, 14 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	16/03/2000
	161 VALASINAS v. LITHUANIA Court (Third Section) Decision	14/03/2000
	133 DOUGOZ v. GREECE Court (Third Section) Decision	08/02/2000
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	105 MESSINA v. ITALY Court (Second Section) Decision	08/06/1999
	166 KURT v. TURKEY 5, 3, 13, 25-1, 14, 2, 3, 5, 18 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/05/1998
	722 AKSOY v. TURKEY 3, 5-3, 13, 25-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	18/12/1996
	10 MARAIS v. FRANCE Commission (Plenary) Decision	24/06/1996
	293 RIBITSCH v. AUSTRIA 3 Court (Chamber) Judgment (Merits and Just Satisfaction)	04/12/1995
	100 LOIZIDOU v. TURKEY (PRELIMINARY OBJECTIONS) Court (Grand Chamber) Judgment (Preliminary Objections)	23/03/1995
	46 DROZD AND JANOUSEK v. FRANCE AND SPAIN 5-1 Court (Plenary) Judgment (Merits)	26/06/1992
	7 DROZD AND JANOUSEK v. FRANCE AND SPAIN COMMISSION Decision	12/12/1989
	308 SOERING v. THE UNITED KINGDOM 3, 6-3-c, 13 Court (Plenary) Judgment (Merits and Just Satisfaction)	07/07/1989
	251 WINTERWERP v. THE NETHERLANDS 5-4, 6-1, 5-1 Court (Chamber) Judgment (Merits)	24/10/1979
	43 CYPRUS v. TURKEY Commission (Plenary) Decision	10/07/1978
	924 IRELAND v. THE UNITED KINGDOM 3, 5, 14 Court (Plenary) Judgment (Merits and Just Satisfaction)	18/01/1978
	26 CYPRUS v. TURKEY Commission (Plenary) Decision	26/05/1975
	183 CASES OF DE WILDE, OOMS AND VERSYP ("VAGRANCY") v. BELGIUM 5-4, 5-1, 4, 3, 8, 13 Court (Plenary) Judgment (Merits)	18/06/1971
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Citations Breakdown

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1–10 of 115

Citations 115

	GEORGIA v. RUSSIA (II) Court (Fifth Section) Decision	13/12/2011
	IVANTOC AND OTHERS v. MOLDOVA AND RUSSIA 3, 5, 8, 13, 3, 5, 8, 13 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	15/11/2011
	DIMITRAS AND OTHERS v. GREECE (N° 2) 9, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	03/11/2011
	1 GIULIANI AND GAGGIO v. ITALY 2, 13, 38 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	24/03/2011
	SOARE AND OTHERS v. ROMANIA 2, 13, 3, 14, 2, 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	22/02/2011
	ROSCA ANTON CATALIN c. ROUMANIE Court (Fourth Section) Judgment (Merits and Just Satisfaction)	15/02/2011
	4 PAYET v. FRANCE 3, 13, 3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	20/01/2011
	GUADAGNINO v. ITALY AND FRANCE 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	18/01/2011
	1 HAIDN v. GERMANY 5-1, 3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	13/01/2011
	SCHUMMER v. GERMANY (NO. 1) 5-1, 7-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	13/01/2011

	75 AHMET OZKAN AND OTHERS v. TURKEY Judgment (Merits and Just Satisfaction) 2, 2-2-a, 3, 5-1, 5-3, 6, 8, 15-1, 34, 37-1-a, 38-1-a, 41	06/04/2004
	118 CYPRUS v. TURKEY Judgment (Merits) 1, 2, 3, 4-1, 5-1, 6, 8, 9, 10, 11, 13, 14+8, 14+13, 14+P1-1, 17, 18, 33, 35-1, P1-1, P1-2, P1-3	10/05/2001
	10 OCALAN v. TURKEY Judgment (Merits and Just Satisfaction) 2-1, 3, 5-1, 5-3, 5-4, 6-1, 6-3-b, 6-3-c, 7, 8, 9, 10, 13, 14+2, 18, 34, 41, 46	12/05/2005
	45 ELCI AND OTHERS v. TURKEY Judgment (Merits and Just Satisfaction) 3, 5-1-c, 8, 15, 34, 35-1, 41, P1-1, 5-1	13/11/2003
	5 DENIZCI AND OTHERS v. CYPRUS Judgment (Merits and Just Satisfaction) 2, 3, 5, 8, 14, 34, 35-1, 37-1-a, 41, P1-1, P4-2, P4-3	23/05/2001
	227 ORHAN v. TURKEY Judgment (Merits and Just Satisfaction) 2, 3, 5, 8, 13, 14, 18, 34, 38-1-a, P1-1	18/06/2002
	4 TAHSIN ACAR v. TURKEY Judgment (Merits and Just Satisfaction) 2, 3, 5, 6, 8, 18, 34, 38-1-a, 41, 43	08/04/2004
	128 OCALAN v. TURKEY Judgment (Merits and Just Satisfaction) 1, 2, 3, 5-1-c, 5-3, 5-4, 6-1, 6-3-b, 6-3-c, 14, 34, 14+2	12/03/2003
	62 NEVMERZHITSKY v. UKRAINE Judgment (Merits and Just Satisfaction) 3, 5-1-c, 5-3, 38-1-a, 41	05/04/2005
	5 BITIYEVA AND X v. RUSSIA Judgment (Merits and Just Satisfaction) 2, 3, 5, 5-1-e, 13, 34, 35-1, 38-1-a, 41	21/06/2007

ECHR CaseLaw

ILASCU AND OTHERS v. MOLDOVA AND RUSSIA View

Notes

ECHR Notes

Application Documents 1

References 35

Citations Breakdown

Citations 115

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