ECtHR – Judgment of 31.05.2011, Khodorkovskiy c. Russia, 5829/04 – «Articles 3, 5 and 18 ECHR – Prohibition of torture or inhuman or degrading treatment or punishment – Right to liberty and security – Limitation of restrictions on rights» – Challenges ari
Keywords:
Torture, inhuman or degrading treatment or punishment, right to liberty and security of person, remand in custody, arbitrary detention, due process, legal interaction, expropriation of YukosAbstract
This paper analyzes the Judgment issued on 31 May 2011 by the ECtHR in the Case of Khodorkovskiy v. Russia. The ECtHR finds a violation of Article 3 of the European Convention, since the authorities of the Russian Federation subjected the applicant to inhuman and degrading treatment during his remand in custody as well as his appearance in the hearings. Furthermore, the ECtHR affirms the violation of Articles 5.1.c), 5.3 and 5.4 of the European Convention, by recognizing certain arbitrary facts attributable to the national judicial organs when the detention and later judicial proceedings against the applicant took place. However, the ECtHR does not consider allegations that the Russian Federation had detained and prosecuted the applicant without any legal reason, in violation of Article 18 of the European Convention, sufficiently proven. Finally, this case highlights the interactions between the International Law of human rights and International Economic Law, whereas several disputes related to expropriation of Yukos are being brought before certain national and international courts.Downloads
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CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
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