detainee

The degrading treatment of a prisoner and the incomplete investigation of the case violated the substantive and procedural aspect of Article 3 of the ECHR

JUDGMENT J.M. and others v. France 5.12.2019 (no. 71670/14) see here  SUMMARY The case concerned the applicant’s complaints of inhuman and degrading treatment and disproportionate use of force by prison staff while he was in detention, and his allegation that the subsequent investigation had been ineffective and lacked independence. The Court held that the applicant […]

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The arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY  Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

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The mentally ill offender cannot be deported without sufficient guarantees of effective access to appropriate care.

JUDGMENT Savran v. Denmark 1/10/2019 (no. 57467/15) see here   SUMMARY The case concerned the applicant’s complaint that owing to his mental health his rights would be violated if he were to be returned to Turkey. The Court found in particular that psychiatrists had recommended that the applicant receive close monitoring and follow-up in order […]

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φυλακές

Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

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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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