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Khodorkovskiy v. Russia

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Inhuman and degrading treatment — Conditions of detention in Russian remand prisons — Conditions in courtroom before and during trial — Whether violation of Article 3 of European Convention on Human Rights, 1950

Human rights — Right to liberty and security — Arrest for failure to respond to witness summons — Whether violation of Article 5(1)(b) of European Convention on Human Rights — Exclusion of public from hearings — Whether violation of Article 5(1)(c) of Convention — Whether applicant’s continuous detention justified by compelling reasons outweighing presumption of liberty — Whether violation of Article 5(3) of Convention — Whether procedural flaws in detention proceedings — Whether unacceptable delays in appellate review of detention orders — Whether violation of Article 5(4) of European Convention on Human Rights, 1950

Human rights — Limitation on use of restriction on rights — Whether State using criminal prosecution for political ends — Presumption of good faith — Standard of proof — Whether violation of Article 18 of European Convention on Human Rights, 1950

Damages — Non-pecuniary damage — Whether findings of violations of Articles 3 and 5 of Convention sufficient — Costs and expenses — Whether indication of specific individual measures were appropriate — Articles 41 and 46 of European Convention on Human Rights, 1950

Type
Case Report
Copyright
© Cambridge University Press 2013

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