Article 13

φυλακές

A detainee was compensated with 500 euros for detention conditions in his cell and he was forced to pay 773 euros for the expertise made for the detention conditions! Violation of the ECHR

JUDGMENT
Barbotin v. France  19.11.2020 (app. no.  25338/16)
The case concerned the compensation awarded to the applicant by the domestic courts in respect of
his conditions of detention in Caen remand prison. The applicant complained of the ineffectiveness
of the compensatory remedy of which he had availed himself, in view of the low amount awarded
and the fact that he had had to pay the expert’s fees incurred to inspect the cells in which he had
been held.

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Corporal examinations of a detainee in the anus constitute degrading treatment. Violation of Article 13 for non-provision of legal aid for filing a claim for damages

JUDGMENT
Roth v. Germany 22.10.2020 (app. no. 6780/18 and 30776/18)
Humiliating treatment and the right to compensation. The applicant, being held in a detention center in Germany, was ill-treated during his detention. He underwent at least 12 physical searches in secret parts of his body after he was forced to undress in front of the police. The domestic courts considered the corporal searches to be offensive treatment, however, they considered the recognition of the insult to be sufficient as a justification and refused to provide legal assistance to bring an action for damages.

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Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

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Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020  (app. no.  20649/18) see here   SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of ​​their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

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Failure to process asylum applications and repatriation of aliens violated the ECHR

JUDGMENT Μ.Κ. and others v. Poland  23.07.2020 (app. no. 40503/17, 42902/17 and 43643/17) see here SUMMARY The case  concerned the repeated refusal of Polish border guards on the border with Belarus to admit the applicants, who had come from Chechnya and had asked for international protection. The European Court of Human Rights held, unanimously, that […]

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Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here   SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

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Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here  SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property  with irrevocable decisions, however the Inventory Office refused […]

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δικηγόρος

The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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ECHRCaseLaw

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