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Case Law by the European Court of Human Rights of Relevance for the Application of the European Conventions on International Co-Operation in Criminal Matters

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Case Law by the European Court of Human Rights of Relevance for the Application of the European Conventions on International Co-Operation in Criminal Matters Strasbourg, 24 January 2020 PC-OC(2011)21REV13 [PC-OC/Documents 2011/ PC-OC(2011) 21 rev13] http://www.coe.int/tcj/ EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC) COMMITTEE OF EXPERTS ON THE OPERATION OF EUROPEAN CONVENTIONS ON CO-OPERATION IN CRIMINAL MATTERS (PC-OC) Case Law by the European Court of Human Rights of Relevance for the Application of the European Conventions on International Co-Operation in Criminal Matters Prepared by Mr Stéphane DUPRAZ, Ms Barbara GOETH-FLEMMICH, Mr Miroslav KUBÍČEK, Mr Eugenio SELVAGGI, Ms Malgorzata SKOCZELAS and Mr Erik VERBERT NOTE: The following index and summaries of cases have been prepared by PC-OC experts and do not bind the Court or the Council of Europe. PC-OC (2011) 21 Rev13 2 Contents A. Index of keywords with relevant case law ............................................................................ 3 B. Summaries of case law relevant for the application of the European Convention on Extradition (CETS 024) and its Additional Protocols (CETS 086, 098, 209 and 212) ........... 36 C. Summaries of case law relevant for the application of the European Convention on Mutual Assistance in Criminal Matters (CETS 030) and its Additional Protocols (CETS 099 and 182) ................................................................................................................................................ 263 D. Summaries of case law relevant for the application of the Convention on the Transfer of Sentenced Persons (CETS 112) and its Additional Protocol (CETS 167 and 222) ............... 281 E. Summaries of case law relevant for the application of the European Convention on the International Validity of Criminal Judgments (CETS 070) ................................................... 293 F. Summaries of case law relevant for the application of the European Convention on the Transfer of Proceedings in Criminal Matters (CETS 073) .................................................... 295 G. The HUDOC database ....................................................................................................... 296 IMPORTANT NOTES: The following index and summaries of cases have been prepared by PC-OC experts and do not bind the Court or the Council of Europe. The index and summaries are not exhaustive and are to be used only for reference and as a supplementary tool for practitioners. In the index of keywords (A), the keywords, as well as the cases related to each keyword are arranged alphabetically. In the summaries (B through F) of cases relevant for each European convention, the cases are arranged chronologically. Articles of the Convention referred to in each list follow the numbering applicable at the time of the Court’s judgment or decision (i.e. before the renumbering of the Convention’s provisions following from some of the Protocols to the Convention in the earlier case law). Texts of judgments and decisions of the Court can be found in the HUDOC database (see below sub G). Some English translations of the Court’s judgments and decisions, originally delivered in French and available in the HUDOC database, are summaries of the original judgments and decisions and not the judgments and decisions in full. “[GC]” marks Grand Chamber judgments. 3 PC-OC (2011) 21 Rev13 Case Law by the European Court of Human Rights of Relevance for Application of the European Conventions on International Co-operation in Criminal Matters1 A. Index of keywords with relevant case law: Keyword Case Title Application No. absentia – see in absentia Additional Protocol, Article 2 – see transfer of sentenced persons (Additional Protocol, Article 2) Additional Protocol, Article 3 – see transfer of sentenced persons (Additional Protocol, Article 3) admissibility of evidence – see mutual assistance (admissibility of evidence) assurances2 Abdulazhon Isakov v. Russia 14049/08 Abdulkhakov v. Russia 14743/11 Akram Karimov v. Russia 62892/12 Allanazarova v. Russia 46721/15 Al-Moayad v. Germany 35865/03 Azimov v. Russia 67474/11 Babar Ahmad and others v. United Kingdom 24027/07, 11949/08 & 36742/08 (Decision) Babar Ahmad and Others v. United Kingdom 24027/07, 11949/08, 36742/08, 66911/09 & (Judgment) 67354/09 Bakoyev v. Russia 30225/11 Baysakov and others v. Ukraine 54131/08 Ben Khemais v. Italy 246/07 Čalovskis v. Latvia 22205/13 Chahal v. United Kingdom [GC] 22414/93 Chankayev v. Azerbaijan 56688/12 Chentiev and Ibragimov v. Slovakia 21022/08 & 51946/08 1) These Conventions include in particular: CETS Nos. 24 (Extradition and Additional Protocols ETS Nos. 86, 98 and 209), 30 (Mutual assistance in criminal matters and Additional Protocols ETS Nos. 99 and 182), 51 (Supervision of conditionally sentenced or conditionally released offenders), 70 (International validity of criminal judgments), 73 (Transfer of criminal proceedings), 112 (Transfer of sentenced persons and its Additional Protocol ETS No. 167). 2) Including diplomatic assurances. PC-OC (2011) 21 Rev13 4 Cipriani v. Italy 22142/07 Dzhaksybergenov (aka Jaxybergenov) v. 12343/10 Ukraine Einhorn v. France 71555/01 Ermakov v. Russia 43165/10 Gaforov v. Russia 25404/09 Gasayev v. Spain 48514/06 Gayratbek Saliyev v. Russia 39093/13 G.S. v. Bulgaria 36538/17 Harkins and Edwards v. United Kingdom 9146/07 & 32650/07 Ibragimov v. Slovakia 65916/10 K. v. Russia 69235/11 Kadirzhanov and Mamashev v. Russia 42351/13 & 47823/13 Kasymakhunov v. Russia 29604/12 Khamrakulov v. Russia 68894/13 Khaydarov v. Russia 21055/09 Khodzhayev v. Russia 52466/08 Kholmurodov v. Russia 58923/14 King v. United Kingdom 9742/07 Kislov v. Russia 3598/10 Klein v. Russia 24268/08 Kolesnik v. Russia 26876/08 Kozhayev v. Russia 60045/10 Labsi v. Slovakia 33809/08 Latipov v. Russia 77658/11 López Elorza v. Spain 30614/15 Makhmudzhan Ergashev v. Russia 49747/11 Mamadaliyev v. Russia 5614/13 Mamatkulov and Askarov v. Turkey [GC] 46827/99 & 46951/99 Mamazhonov v. Russia 17239/13 M. G. v. Bulgaria 59297/12 5 PC-OC (2011) 21 Rev13 Mukhitdinov v. Russia 20999/14 Nabid Abdullayev v. Russia 8474/14 Nivette v. France 44190/98 Nizomkhon Dzhurayev v. Russia 31890/11 O. v. Italy 37257/06 Oleacha Cahuas v. Spain 24668/03 Oshlakov v. Russia 56662/09 Othman (Abu Qatada) v. United Kingdom 8139/09 Ouabour v. Belgium 26417/10 Romeo Castaño v. Belgium 8351/17 Rrapo v. Albania 58555/10 Rustamov v. Russia 11209/10 Ryabikin v. Russia 8320/04 Saadi v. Italy [GC] 37201/06 Salem v. Portugal 26844/04 Sellem v. Italy 12584/08 Shakurov v. Russia 55822/10 Shamayev and others v. Georgia and Russia 36378/02 Sidikovy v. Russia 73455/11 Soering v. United Kingdom 14038/88 Soldatenko v. Ukraine 2440/07 Tadzhibayev v. Russia 17724/14 Toumi v. Italy 25716/09 Trabelsi v. Italy 50163/08 Trabelsi v. Belgium 140/10 Turgunov v. Russia 15590/14 Umirov v. Russia 17455/11 U. N. v. Russia 14348/15 Yefimova v.Russia 39786/09 Zarmayev v. Belgium 35/10 Zokhidov v. Russia 67286/10 PC-OC (2011) 21 Rev13 6 asylum Abdolkhani and Karimnia v. Turkey (No. 1) 30471/08 Abdulkhakov v. Russia 14743/11 A. H. Khan v. United Kingdom 6222/10 Al Hanchi v. Bosnia and Herzegovina 48205/09 Azimov v. Russia 67474/11 Bajsultanov v. Austria 54131/10 Charahili v. Turkey 46605/07 Collins and Akaziebie v. Sweden 23944/05 Čonka v. Belgium 51564/99 Cruz Varas v. Sweden 15576/89 Dubovik v. Ukraine 33210/07 & 41866/08 Eminbeyli v. Russia 42443/02 Ermakov v. Russia 43165/10 F. N. and Others v. Sweden 28774/09 Gaforov v. Russia 25404/09 Ibragimov v. Slovakia 65916/10 Iskandarov v. Russia 17185/05 Ismoilov and others v. Russia 2947/06 Jabari v. Turkey 40035/98 J. H. v. United Kingdom 48839/09 K. v. Russia 69235/11 Kaboulov v. Ukraine 41015/04 Keshmiri v. Turkey 36370/08 Khamroev and Others v. Ukraine 41651/10 Khaydarov v. Russia 21055/09 Khodzhamberdiyev v. Russia 64809/10 Khodzhayev v. Russia 52466/08 Kolesnik v. Russia 26876/08 Labsi v. Slovakia 33809/08 Mamatkulov and Askarov v. Turkey [GC] 46827/99 & 46951/99 M. G. v. Bulgaria 59297/12 7 PC-OC (2011) 21 Rev13 Mokallal v. Ukraine 19246/10 Molotchko v. Ukraine 12275/10 N. v. Finland 38885/02 Othman (Abu Qatada) v. United Kingdom 8139/09 Peñafiel Salgado v. Spain 65964/01 Rustamov v. Russia 11209/10 Ryabikin v. Russia 8320/04 Shakurov v. Russia 55822/10 S. H. H. v. United Kingdom 60367/10 Sidikovy v. Russia 73455/11 Soliyev v. Russia 62400/10 Sufi and Elmi v. United Kingdom 8319/07 & 11449/07 Sultani v. France 45223/05 Tehrani v. Turkey 32940/08 & 41626/08 & 43616/08 T. I. v. United Kingdom 43844/98 Umirov v. Russia 17455/11 Vilvarajah and others v. United Kingdom 13163/87 & 13164/87 & 13165/87 & 13447/87 & 13448/87 Y. P. and L. P. v. France 32476/06 X. v. Austria and Yugoslavia 2143/64 Zokhidov v. Russia 67286/10 conversion of sentence – see transfer of sentenced persons (conversion of sentence) covert investigations van Wesenbeeck v. Belgium 67496/10 & 52936/12 cruel treatment – see ill-treatment custody (judicial review) Abdolkhani and Karimnia v. Turkey (No. 1) 30471/08 Abdulazhon Isakov v. Russia 14049/08 Abdulkhakov v. Russia 14743/11 Azimov v. Russia 67474/11 Čalovskis v. Latvia 22205/13 Chahal v. United Kingdom [GC] 22414/93 Čonka v. Belgium 51564/99 PC-OC (2011) 21 Rev13 8 Dubovik v. Ukraine 33210/07 & 41866/08 Elmuratov v. Russia 66317/09 Eminbeyli v. Russia 42443/02 Ermakov v. Russia 43165/10 Gaforov v. Russia 25404/09 Garabayev v. Russia 38411/02 Gayratbek Saliyev v. Russia 39093/13 Ismoilov and others v. Russia 2947/06 K. v. Russia 69235/11 Kaboulov v. Ukraine 41015/04 Kadirzhanov and Mamashev v. Russia 42351/13 & 47823/13 Ketchum v. Romania 15594/11 Khamrakulov v. Russia 68894/13 Khaydarov v. Russia 21055/09 Khodzhayev v. Russia 52466/08 Khudyakova v. Russia 13476/04 Kislov v. Russia 3598/10 Kolesnik v. Russia 26876/08 Kolompar v. Belgium 11613/85 Lynas v. Switzerland 7317/75 Molotchko v.
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