detainee

Slaps and kicks in temporary prisoners. The burden of proof for injuries lies solely with the state.

JUDGMENT Csonka v. Hungary 16.04.2019 (no. 48455/14) see here SUMMARY Slaps in the face and kicks on the chest and stomach of the applicant by police officers during his interrogation. Rejection by the national authorities of the applicant’s complaint of ill-treatment on reasonable grounds that he has been self injured during that interrogation. The Court […]

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φυλακές

European arrest warrant and the ECHR.

JUDGMENT Β.Α.Α. v. Romania 18-04-2019 (no. 70621/16) see here SUMMARY Complaint of the applicant concerning an arrest warrant issued by the Romanian authorities. The Court considered that the authorities complied with the ECHR criteria when issuing an arrest warrant against the applicant, which eventually took place in the United Kingdom under a European arrest warrant. […]

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Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

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Preventive detention for the protection of public order during the royal wedding in the UK was legitimate and did not violate the ECHR!

JUDGMENT Eiseman-Renyard v. United Kingdom 28.03.2019 (no. 57884/17, 57918/17, 58019/17, 58326/17, 58333/17, 58343/17, 58377/17 and 58462/17) see here   PROVISION Article 5 SUMMARY Preventive detention for the protection of public order at the royal wedding. Complain the applicants about their arrest and detention for several hours on 29 April 2011 in various parts of central London […]

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φυλακές

Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration

JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]

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φυλακές

The penalty of life imprisonment when there is no prospect of release of the detainee and the possibility of re-examining the sentence constitutes inhuman and degrading treatment

JUDGMENT Petukhov v. Ukraine 12-3-2019(n. 2) (no. 41216/13) see here SUMMARY The case mainly concerned a prisoner’s complaint that Ukrainian law did not provide for release on parole for life prisoners. Mr Petukhov, the applicant, has been serving a life sentence since 2004. The  European Court of Human Rights held, unanimously, that there had been […]

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φυλακές

National legislation should provide for a specific review of the detention of a prisoner. The non-review violates Article 5 of the ECHR

JUDGMENT  Šaranović v. Montenegro 05-03-2019 (no. 31775/16) see here SUMMARY The case concerned Mr Šaranović’s complaints about his pre-trial detention for two and half years in Montenegro on suspicion of being behind the 2013 murder of the brother of the leader of a Serbian criminal organisation. He had allegedly arranged the murder out of revenge […]

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The inconvenience of an academician in the prisons of Azerbaijan. Serious violations of the ECHR

JUDGMENT Mammadov and others v. Azerbaijan 21.02.2019 (no. 35432/07) see here SUMMARY The case Mammadov and Others v. Azerbaijan (application no. 35432/07) concerned an Azerbaijani academic who complained that he had been arrested in 2007, held in unacknowledged detention for 24 hours and then sentenced to 15 days’ administrative detention which he had spent in […]

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