Khoroshenko v. Russian Federation

Comment:

The text of an individual opinion signed by Committee member Mr. Rafael Rivas Posada (partially dissenting) is appended to the Views.

Substantive issues:

• accused persons / convicted persons
• arbitrary detention - arrest
• criminal charges
• cruel, inhuman or degrading treatment or punishment
• defence, adequate time and facilities
• preparation of defence
• discrimination on other grounds
• effective remedy
• fair trial
• fair trial - undue delay
• fair trial - witnesses
• forced confession
• human dignity
• in accordance with law
• legal assistance
• liberty of person
• lighter penalty / sentence
• pre-trial detention
• promptly brought before a judge
• torture

Substantive articles:

• 2 (3)
• 6 (2)
• 7
• 9 (1)
• 9 (2)
• 9 (3)
• 9 (4)
• 10 (1)
• 14 (1)
• 14 (3) (a)
• 14 (3) (b)
• 14 (3) (c)
• 14 (3) (d)
• 14 (3) (e)
• 14 (3) (g)
• 15 (1)
• 26

Procedural issues:

• exhaustion of domestic remedies
• same matter - another procedure of international investigation or settlement

Procedural articles:

• 2
• 5 (2) (a)
• 5 (2) (b)