Новый сервис, где искусственный интеллект отвечает на вопросы

AnyQuestion

1. Admissibility

Постановление ЕСПЧ от 02.10.2008 "Дело "Расаев и Чанкаева (Rasayev and Chankayeva) против Российской Федерации" (жалоба N 38003/03) [рус., англ.]

1. Admissibility

106. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaint under Article 3 that Ramzan Rasayev had been ill-treated during and after his apprehension by State agents, the Court notes that the complaint under Article 3 was found unsubstantiated under this head in paragraphs 88 - 90 above. Accordingly, the applicant did not have an "arguable claim" of a violation of a substantive Convention provision and, therefore, Article 13 of the Convention is inapplicable. It follows that this part of the application should be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

107. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaints under Article 2, Article 3 in respect of the applicants and Article 5, the Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.