detainee

Inadequate conditions of detention of a detainee with physical disabilities. Improper medical care. Conviction for degrading treatment

JUDGMENT MACHINA v. THE REPUBLIC OF MOLDOVA 17.01.2023 (app. no. 69086/14) see here SUMMARY Inadequate medical care in prison for an inmate with severe motor disabilities and an infection with HCV which allegedly occurred in prison (Article 3 of the Convention). The applicant, who has suffered from spastic paraplegia (muscle weakness and stiffness affecting the […]

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φυλακές

Complaints of degrading treatment in prisons must include a detailed and adequate description of the circumstances and events

JUDGMENT
Melnikov v. Ukraine 22.10.2020 (app. no. 66753/11)
Humiliating treatment and detention conditions. The applicant was convicted of serious offenses (intentional homicide, kidnapping, robbery, theft, etc.) and was sentenced to life imprisonment and 15 years in prison.
He complained about the conditions of his detention in the prisons, stating that the personal space in his cell was 2.5 sq.m. and generally that there was an overcrowding of prisoners. He also complained about the way his sentences were calculated.
The ECtHR ruled that his allegations were vague and unproven. According to the Court, the applicants must provide a detailed and sufficient description of the facts and situations which they complain about regarding prison conditions and which do not have sufficient general objections, as in the present case. It also considered that the applicant had not substantiated his action in the part concerning the calculation of the penalties and the breach of Article 7 of the ECHR.

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Prisoner did not receive meals compatible with his religion. No written proof is required for a change of religion. Violation of the right to religious freedom

JUDGMENT
Saran v. Romania 10.11.2020 (app. no. 65993/16)
Religious freedom and compatible meals in prisons. Failure to provide a prisoner with meals compliant with Islamic principles.
The applicant was held in five Romanian prisons between 2016 and 2018. He complained that he had not received meals in accordance with his religious, Islam, in two of them and was required to provide written proof , although he had stated that he was a Muslim when he was admitted in prison and the prison records confirmed this fact.

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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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The conditions of hygiene and detention of Geneva prisons were according to international standards. 3.39m² the individual space in the cell. No finding of degrading treatment

JUDGMENT
Bardali v. Switzerland 24.11.2020 (app. no.  31623/17)
The case concerned the applicant’s conditions of detention in Champ-Dollon Prison in the Canton of
Geneva.
The Court found, in particular, that the lack of personal space for the applicant in Champ-Dollon
Prison could not on its own constitute a breach of Article 3 of the Convention. Indeed, the individual
space available to the applicant, less than the 4 m² standard established by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), had to be considered
together with the applicant’s other material conditions of detention in order to determine whether
or not there had been a violation of Article 3.

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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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φυλακές

Pre trial detention without evidence and reasonable evidence violated the right to liberty and security

JUDGMENT
Myasnik Malkhasyan v. Armenia 15.10.2020 (app. no. 49020/08)
Provisional detention. Lack of evidence and reasonable indications. Deprivation of liberty without legal reason.
The applicant took part in political rallies. He was arrested and temporarily detained for more than 6 months without reasonable evidence for the charge specifically attributed to him for attempting to overthrow the regime. He brought an application for violation of the right to freedom and security.

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Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

JUDGMENT
Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.

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ECHRCaseLaw
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