Article 13

Transportation of prisoners in metal chambers in trucks without water and food constitutes degrading treatment. Systemic problem.

JUDGMENT Tomov and others v. Russia 09.04.2019 (18255/10, 63058/10, 10270/11, 73227/11, 56201/13 and 41234/16) see here SUMMARY Transfer of prisoners. Poor detention conditions. Complaints of seven Russian prisoners. The Court found that the violations were mainly caused by the adherence to obsolete standards for the transfer of detainees (transportation to solid metal wards in prison […]

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φυλακές

Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration

JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]

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Unacceptable and humiliating treatment of unaccompanied minors by Greek state authorities and illegal deprivation of their liberty. Violations of Greece

JUDGMENT H.A. and others v. Greece 28.02.2019 (no. 19951/16) see here SUMMARY The case concerned the placement of nine migrants, unaccompanied minors, in different police stations in Greece, for periods ranging between 21 and 33 days. The migrants were subsequently transferred to the Diavata reception centre and then to special facilities for minors. The Court found, […]

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The press release of the Ministry of Interior and the violation of the presumption of innocence

JUDGMENT Lolov and others v. Bulgaria 21.02.2019 (no. 6123/11) see here SUMMARY Presumption of innocence and family criminal organization. A family is accused of creating a criminal organization that favors tax evasion and extortion. They complaint that their presumption of innocence had been violated because of a press release issued by the Ministry of Interior, […]

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Non-execution of a civil judgment within a reasonable time violates court access and the right to respect property

JUDGMENT Cristea v. Republic of Moldova 13.02.2019 (no. 35098/12) see here SUMMARY Non-execution of irrevocable court order for 11 years and fair trial. The applicant’s complaint that the final court order obliging the State to give him housing is pending for 11 years and has not been executed to date. No effective domestic remedy to […]

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The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.

JUDGMENT M.A. and others v. Lithuania  11.12.2018 (no. 59793/17) see here  SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]

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Victory for the LGBT community against bans on public events in Russia.

JUDGMENT  Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY  The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

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Failure to pay compensation for the expropriation of company assets for public use violates the ECHR

JUDGMENT  Β. Tagliaferro & Sons Limited and Coleiro Brothers Limited v. Malta 11.09.2018 (no. 75225/13 and 77311/13) see here   SUMMARY Expropriation for public use and property right. Twenty-five years after the expropriation of two companies’ properties, the public project was not executed. Absence of irrevocable court order for compensation. Infringement of the right to property and right of […]

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Legitimate hospitalization in a psychiatric hospital without the will of the patient

JUDGMENT  Guelfucci v. France  26.07.2018 (no. 31038/12) see here   SUMMARY  The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

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ECHRCaseLaw

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