detainee

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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The unjustified restrictions on remand pre -trial prisoners’ rights in terms of family visits, violates the right to protection of family life and constitutes a prohibited discrimination.

JUDGMENT Chaldayev v. Russia 28.05.2019 (no. 33172/16) see here   SUMMARY  Pre –trial  detention of a defendant and right to visit from family. The state has no right to lay down  restrictions on visits to relatives of pre-trial prisoners that are not considered appropriate and really  necessary. The applicant was held  on pre –trial detention and before […]

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The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

JUDGMENT  Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

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The deterioration in detention conditions during the prison wardens’ strike constitutes degrading treatment

JUDGMENT Clasens v. Belgium 28.05.2019 (no. 26564/16) see here   SUMMARY  Degrading treatment of prisoners. Prison guard strike. Conditions of detention in Ittre Prison during a strike by prison wardens between April and June 2016. The Court found that Mr Clasens’ conditions of detention during the prison wardens’ strike amounted to degrading treatment, resulting from the cumulative […]

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δικηγόρος

First Strasbourg ruling on non-compliance by a state with a ruling by the European Court of Human Rights. Breach of the State’s obligation to enforce the decision.

JUDGMENT Ilgar Mammadov v. Azerbaijan  29.05.2019 (no. 15172/13) see here THE IMPORTANCE OF THE CASE The decision is important as it is the first ECtHR decision not to execute its decision by a member state of the Council of Europe. In accordance with Article 46 of the ECHR, the judgments of the Court are binding […]

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φυλακές

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

JUDGMENT  Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

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φυλακές

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

JUDGMENT  Mityanin and Leonov v. Russia  07.05.2019  (no. 11436/06 and 22912/06) see here SUMMARY  Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was  described as guilty. The European Court of […]

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ECHRCaseLaw

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