Legal Material

Ilaşcu and ors and Romania (intervening) v Moldova and Russian Federation, Admissibility, merits and just satisfaction, App no 48787/99, ECHR 2004-VII, [2004] ECHR 318, (2005) 40 EHRR 1030, IHRL 3084 (ECHR 2004), 8th July 2004, Grand Chamber [ECtHR]



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Whether the applicants came within the jurisdiction of Moldova for the purposes of Article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’, ‘ECHR’).

Whether the applicants came within the jurisdiction of the Russian Federation for the purpose of Article 1 of the ECHR.

Whether the matters about which the applicants complained were within the Court’s jurisdiction ratione temporis.

Whether the first applicant’s death sentence violated Article 2 of the ECHR.

Whether the conditions of the applicants’ detention violated Article 3 of the ECHR.

Whether the applicants were detained lawfully in Transdniestria within the meaning of Article 5 of the ECHR.

Whether the conditions of the applicants’ detention violated Article 8 of the ECHR.

Whether the applicants had been deprived of their possessions in violation of Article 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Whether the respondent governments obstructed the exercise of the applicants’ right of individual application to the Court, in breach of Article 34 of the ECHR.

Keywords: ECtHR (European Court of Human Rights); Human rights, civil and political rights; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, rights of persons deprived of their liberty; Human rights, right to a judge; Human rights, right to fair trial; Human rights, right to liberty and security of person; Human rights, right to life; Human rights, right to property; International courts and tribunals, jurisdiction; Jurisdiction of states, domestic; Jurisdiction of states, extra-territorial; Jurisdiction of states, territoriality principle; Responsibility of states; State succession

Legal Material.  119150 words. 

Subjects: Territory ; Public International Law ; International Law ; Law

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