which arises is whether the minimum level of severity required for a violation of Article 3 of the Convention can be regarded as having been attained in the instant case (see, among other authorities, İlhan

whereas in cases of serious ill ‑ treatment by State agents an alleged breach of Article 3 cannot be remedied exclusively through the payment of compensation (see, among many other authorities, İlhan

According to the Court's settled case-law, such incompatibility is present ratione personae if the applicant cannot or can no longer claim to be a victim of the alleged violation (see, for example, İlhan

remains free to make its own assessment in the light of all the material before it, it is only in exceptional circumstances that it will exercise its powers in this area (see, as a recent authority, İlhan

domestic body, at least in substance and in compliance with the formal requirements laid down in domestic law, but not that recourse should be had to remedies which are inadequate and ineffective ( see İlhan

This would ensure that the application was brought with the consent of the victim of the alleged breach and would avoid actio popularis applications (see İlhan v. Turkey [GC], no.

An amendment was added to Article IIIC at the ILA’s 1994 conference, providing for immunity to be granted where “the employee was appointed under the public (administrative) law of the foreign state such

to ensure that the applicant’s injuries were immediately examined and documented by a doctor divested the applicant of an important safeguard against a breach of Article 3 of the Convention (compare İlhan

the responsibility of a Contracting State may be engaged, including under Article 3 of the Convention by reason of the failure to provide appropriate medical treatment (see, among other authorities, İlhan

    The Court reiterates that the remedy required by Article 13 must be “effective” in practice as well as in law (see, for example, İlhan v.

It must then examine whether, in all the circumstances of the case, the applicant did everything that could reasonably be expected to exhaust domestic remedies (see, among many authorities, İlhan  

A lack of appropriate medical care may amount to treatment contrary to Article 3 (see İlhan v. Turkey [GC], no.   22277/93, § 87, ECHR 2000-VII, and Sarban v.

Given these considerations and in view of the Convention case­law in this respect and in particular the criteria of severity and the purpose of the ill-treatment (see, among other authorities, İlhan v.

of appropriate medical care and, more generally, the detention in inappropriate conditions of a person who is ill may in principle amount to treatment contrary to Article   3 (see, for example, İlhan

initiative of the next of kin either to lodge a formal complaint or to take responsibility for the conduct of any investigative procedures (see Kelly and Others , cited above, § 94, and, mutatis mutandis , İlhan

obligations under Article 13 varies depending on the nature of the applicant's complaint; however, the remedy required by Article 13 must be “effective” in practice as well as in law (see, for example, İlhan

; In order to lodge an application in accordance with Article   34 of the Convention, an individual must be able to show that he or she was “directly affected” by the measure complained of (see İlhan

Convention generally, which as a treaty for the collective enforcement of human rights and fundamental freedoms must be interpreted and applied so as to make its safeguards practical and effective (see İlhan

detention of a person who is ill may raise issues under Article 3 of the Convention (ibid., § 37) and that the lack of appropriate medical care may amount to treatment contrary to that provision (see İlhan