detainee Archives

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.

Article 14
08/06/2019 18:36

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 […]

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

Article 6 - Par. 1
05/06/2019 18:47

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 […]

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

Article 3
03/06/2019 17:20

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 […]

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.

article 46
30/05/2019 18:47

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 […]

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.

Article 5
13/05/2019 18:33

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 […]

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

Article 5
09/05/2019 18:00

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 […]

The confinement of a detainee to a security wing for preventive protection of third parties and without legislative provision violates the right to freedom (Article 5 § 1 of the ECHR)

Article 5
04/05/2019 18:42

JUDGMENT Τ.Β. v. Switzerland 30.04.2019 (no. 1760/15) see here SUMMARY The case concerns the applicant’s “placement for assistance purposes” in the period from April 2014 to April 2015. The Court observed that the applicant had been placed in the security wing of the prison solely on the ground that he represented a danger for others. […]

Denial of a of a prisoner’s request to attend his brother’s funeral violated the right to family life

Article 8
03/05/2019 18:41

JUDGMENT Vetsev v. Bulgaria 02.05.2019 (no. 54558/15) see here SUMMARY Funeral of a prisoner’s brother. The refusal of the Bulgarian authorities to allow a prisoner to attend his brother’s funeral. The Court considered that the Bulgarian authorities had rejected the claim on the grounds that this was not provided for under national law, without its […]

Deportation to Algeria of a convicted of terrorist acts. There is no risk of inhuman or degrading treatment. No infringement of Article 3 of the ECHR.

Article 3
02/05/2019 18:12

JUDGMENT Α.Μ. v. France 29.04.2019 (no. 12148/18) see here SUMMARY The case concerns the applicant’s planned deportation to Algeria after he was convicted in France in 2015 for participating in acts of terrorism and was permanently banned from French territory. The Court found that the general situation in Algeria as regards the treatment of individuals […]

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

Article 13
26/04/2019 17:55

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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