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WyrokETPCz2016-07-07
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy wydalenie skarżącego do Federacji Rosyjskiej naraziłoby go na ryzyko nieludzkiego lub poniżającego traktowania, naruszając art. 3 Konwencji?Ratio decidendi
Trybunał uznał, że wydalenie skarżącego do Federacji Rosyjskiej naraziłoby go na realne ryzyko traktowania sprzecznego z art. 3 Konwencji. Uzasadnieniem było szczegółowe przedstawienie tortur i gróźb, jakich skarżący doświadczył w Czeczenii ze strony zarówno sił bezpieczeństwa państwa, jak i grup zbrojnych. Skarżący był zmuszony do zostania informatorem, co nieodwracalnie zagroziło jego bezpieczeństwu. W związku z tym Trybunał utrzymał w mocy środek tymczasowy na podstawie Reguły 39 Regulaminu Trybunału, zakazujący jego wydalenia.Stan faktyczny
R.V., rosyjski obywatel z Czeczenii, był torturowany i zmuszony do współpracy z służbami bezpieczeństwa po tym, jak jego znajomy z grupy rebeliantów został zabity. Jego żona została pobita, co doprowadziło do przedwczesnego porodu i śmierci dziecka. Uciekł do Polski, a następnie do Francji, gdzie jego wniosek o azyl został odrzucony. Francja wydała nakaz jego wydalenia, co skarżący zaskarżył, powołując się na ryzyko naruszenia art. 3 Konwencji.Rozstrzygnięcie
Trybunał stwierdza naruszenie art. 3 Konwencji w przypadku wydalenia skarżącego do Federacji Rosyjskiej. Utrzymuje w mocy środek tymczasowy (Reguła 39) zakazujący wydalenia R.V. Uznaje, że stwierdzenie naruszenia stanowi wystarczające zadośćuczynienie za szkodę niemajątkową.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 245 (2016)
07.07.2016
Judgments and decisions of 7 July 2016
The European Court of Human Rights has today notified in writing two judgments1 and 55 decisions2:
two Chamber judgments are listed below;
the 55 decisions can be consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
R.V. v. France (application no. 78514/14)*
The applicant, R.V., is a Russian national from Chechnya. He was born in 1987 and lives in France.
The case concerned his return to his country of origin, the Russian Federation.
R.V. was the friend of T.I., member of a Chechen armed rebellion group called the “Boeviks”.
R.V. accommodated T.I. on his return to his village, providing him with supplies for his group. In
August 2005 T.I. was killed by the security forces, which seized the mobile phone T.I. had used to call
R.V. using a code name. In January 2006 R.V. was arrested and taken into custody in Grozny, where
he was interrogated for two weeks under torture. After being left half dead by the side of a road, he
was taken to hospital by passers-by. In May 2006 R.V. was again arrested and tortured, then
released after 10 days in return for a ransom. In November 2007 the henchmen of Ramzan Kadyrov,
current President of the Chechen Republic, abducted R.V. at his home and violently struck his wife
who was pregnant. She gave birth prematurely at the hospital, but the child died. To put an end to
her suffering, R.V. agreed to become an informer for the security services and was ultimately
released after payment of a new ransom. Taking the view that his safety was irremediably
compromised between the “Kadyrovski” who would not leave him in peace if he did not cooperate
and the “Boeviks” who would not hesitate to eliminate him if he did, he decided to flee to Poland,
where he was placed in the Dimbak refugee camp, intending to apply for asylum. However, R.V. was
forced to leave the camp because the “Kadyrovski” had infiltrated it to identify the Chechens who
had taken refuge there.
On arriving in France in January 2008, R.V. filed an application for asylum but it was dismissed by the
authorities. In December 2014 he was issued with an order to leave France and placed in a detention
centre. The Marseille Administrative Court dismissed his appeal and the decision was confirmed by
the Administrative Court of Appeal in May 2016.
In December 2014, on receiving a request for an interim measure under Rule 39 of the Rules of
Court, the Court decided to indicate to the French Government not to return R.V. to the Russian
Federation for the duration of the proceedings before it.
Relying on Article 3 (prohibition of torture and inhuman or degrading treatment) of the European
Convention on Human Rights, R.V. alleged that the enforcement of the order for his removal would
expose him to a risk of treatment in breach of Article 3.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a judgment’s
delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five
judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final
judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Inadmissibility and strike-out decisions are final.
Violation of Article 3 – in the event of R.V.’s removal to the Russian Federation
Interim measure (Rule 39 of the Rules of Court) – not to expel R.V. – still in force until judgment
becomes final or until further order.
Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just
satisfaction for any non-pecuniary damage sustained by R.V.
Zosymov v. Ukraine (no. 4322/06)
The applicant, Igor Zosymov, is a Ukrainian national who lives in Kyiv. The case concerned his
complaint about a police search of his office, car and garage, during which numerous items had
been seized.
Mr Zosymov and his wife were running a small business which, among other things, involved the
replication of digital data and the sale of blank data storage devices. In August 2002 several police
officers from the Kyiv economic crime unit inspected their office and seized a large number of items,
including several computers, over 3,000 discs containing data and some 30,000 blank discs. The
inspection lasted one full night, during which police officers questioned Mr Zosymov, his wife and
other family members regarding the business and the observance of copyright law. Two days later, a
report was published on the Ministry of Interior’s website, stating that the police had “identified a
criminal group of two [who]... organised an entire underground production [facility]”. The report
featured a photo of Mr Zosymov’s wife without a caption.
In November 2002 criminal proceedings were instituted on suspicion of breach of copyright without
naming any suspected offenders. In his decision the investigator referred to the search of Mr and
Mrs Zosymov’s office and the seizure of their belongings. The investigator subsequently declared the
seized items physical evidence to be stored by the police pending the investigation of the case. After
the couple’s flats had been searched, the proceedings stagnated; the police never pressed any
charges against Mr Zosymov or any other person.
Mr Zosymov asked the police and the prosecutor’s office numerous times to order the return of his
seized property. On several occasions the authorities rejected his requests, notifying him that his
seized property constituted physical evidence in a criminal case. The prosecutor and police also
rejected his requests to have the criminal case in which the items had been seized taken to court
with a view to closing the case as time-barred and to have the criminal proceedings terminated due
to lack of evidence.
Mr Zosymov and his wife successfully brought defamation proceedings against the police authorities
for publishing an inaccurate crime report on their website, seeking that the information be
retracted. Mr Zosymov also unsuccessfully brought several sets of proceedings against the police
alleging the unlawfulness of the inspection and requesting the recovery of the seized property.
Mr Zosymov complained in particular that his office, car and garage had been unlawfully searched, in
breach of Article 8 (right to respect for private and family life, the home, and the correspondence).
He further complained that the seizure of his property violated his rights under Article 1 of Protocol
No. 1 (protection of property). Finally, he alleged a violation of Article 13 (right to an effective
remedy), stating that he had had no possibility of obtaining redress in respect of his complaints.
Violation of Article 8
Violation of Article 1 of Protocol No. 1
Violation of Article 13
Just satisfaction: 6,000 euros (EUR) (non-pecuniary damage)
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
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Inci Ertekin (tel: + 33 3 90 21 55 30)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 13.07.2026. · Źródło