detainee

Does the non compliance with the examination procedure of witnesses affect the principal of fair trial?

JUDGMENT Shala v. Switzerland 25.07.2019  (no. 63896/12) see here SUMMARY  Failure to inform criminal trial witnesses of their right to consular assistance. Intentional homicide and fair trial. No infringement. The applicant is sentenced by the Swiss courts for murder in the context of a blood feud. Complaints of infringement of fair trial. The applicant criticized […]

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The non-extradition of a murder suspect from Belgium to Spain did not have a sufficient real basis.

JUDGMENT  Romeo Castaño v. Belgium 09.07.2019 (no. 8351/17) see here SUMMARY  Not extradiction of a murder suspect. Incomplete research for extradiction. The negative decision did not have a sufficient real basis. Infringement of the procedural aspect of the right to life. The applicants complained that their right to effective investigation had been violated due to […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here   SUMMARY  Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

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φυλακές

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

JUDGMENT  Tim Henrik Bruun Hansen v. Denmark  09.07.2019 (no. 51072/15) see here   SUMMARY  Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

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Protest against the felling of trees into a park and protestors’ rights.

JUDGMENT  Chernega and others v. Ukraine  18-06-2019 (no. 74768/10) see here   SUMMARY  A protest againstthe felling of trees in a public park to build a road. Allegations of violations of protesters’ rights. State responsibility for acts of private guards recruited by a private company and coercing in the presence of the police. The ECtHR found […]

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Inadmissibility appications before the ECtHR if similar allegations have been lodged before other jurisdictions, such as the Working Group on Arbitrary Detention of the United Nations Human Rights Council.

JUDGMENT  Doğan and Çakmak v. Turkey 06.06.2019 (no. 28484/10 and 58223/10) see here SUMMARY  Inadmissible applications  because the applicants had already filed a similar complaint before  another jurisdiction. Attempt of a military coup in Turkey. The Court found that the actions brought by the applicants were essentially the same as the petitions submitted to the […]

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φυλακές

Not releasing of a life sentenced prisoner consists of inhuman and degrading treatment. The sentenced person must always have the possibility of dismissing and granting a release

JUDGMENT Marcello Viola v. Italy 13.06.2019 (n 2) (no. 77633/16) see here   SUMMARY  Revision of life sentence. Inhuman and degrading treatment. The applicant has been sentenced to life imprisonment for serious offenses related to mafia criminal activities and murder, kidnapping, etc. His continued requests for prison leave and release on licence were rejected on […]

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The inadequate investigation of a patient’s death in a hospital consists of a violation of the right to life

JUDGMENT  Prizreni v. Albania  11.06.2019 (no. 29309/16) see here   SUMMARY Death of a hospitalized patient under non specified conditions. Authorities’  failure to carry out an adequate and effective investigation into the circumstances of the death and his treatment. Protection of life. The applicant’s brother passed away while being hospitalised for serious illness. The forensic investigation […]

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ECHRCaseLaw

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