detainee Archives

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

Article 5
11/01/2019 16:49

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

Visiting restrictions, the existence of a glass partition and the presence of a guard during family visits and the great distance of the prison facility from the relatives’ residence violate the prisoner’s right to his / her family life

Article 8
03/01/2019 11:27

JUDGMENT Resin v. Russia 18.12.2018 (no. 9348/14) see here SUMMARY Rights of prisoners in family life. The limited number of relatives in the applicant’s visit, the existence of a glass partition in the visitor room, the constant supervision of his relatives ‘visits by the prison staff and the great distance of the prison (7,000 km) […]

The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

Article 3
09/12/2018 15:04

JUDGMENT Isayeva v. Ukraine 4.12.2018 (no. 35523/06) see here SUMMARY Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

The unjustified provisional detention of a journalist violated his right to freedom and security.

Article 5
08/12/2018 16:52

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

The lack of a statement of reasons for judicial decisions and the non-judicial investigation of complaints concerning individual and family life constitute a violation of Article 8 of the ECHR!

Article 3
17/11/2018 16:09

JUDGMENT A.T. v. Estonia 13.11.2018 (no. 23183/15) see here SUMMARY Reasoning of court rulings. Judicial examination of allegations of violation of private and family life. The role of the courts. Visits of a dangerous patient in a hospital with handcuffs and legs. The ECtHR considered that because of his history (violent, aggressive, etc.) handcuffing did […]

The detention of a detainee in the isolation cell for 7 days as a disciplinary measure does not consist degrading treatment

Article 3
14/10/2018 07:39

JUDGMENT Mazziotti v. France 11.10.2018 (no. 65089/13) see here SUMMARY The case concerned the imposition of a disciplinary measure on a prisoner who was found in possession of a mobile phone. The Court acknowledged the validity of the disciplinary reasons for the sanction and its necessity on security grounds. It observed that the length of […]

Öcalan and Turkish prisons. An unexpected outcome

Article 2
27/09/2018 12:16

JUDGMENT Öcalan v. Turkey 27.09.2018 (no. 12261/10) see here SUMMARY The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation). As regards the allegations of […]

Τorture during police detention, ineffective investigation and breaches of family life

Article 3
12/09/2018 12:03

JUDGMENT Abdulkadyrov and Dakhtayev v. Russia 10.07.2018 (no. 35061/04) see here SUMMARY Ill treatment during police detention, lack of effective investigation that led to conviction and detention far away from the applicants’ families. Not registered violent detention (electric shock while wearing gas masks or bags on their heads, and threats of rape and blackmail). Infringement […]

Small amounts of compensation for longer detention periods in prisons violate the ECHR

Article 5
12/09/2018 11:53

JUDGMENT Vasilevskiy and Bogdanov v. Russia 10.07.2018 (no. 52241/14 and no. 74222/14) see here SUMMARY The case concerned the applicants’ complaint about the negligible amount of compensation they had been awarded for wrongful imprisonment. The Court found in particular that the domestic awards were the equivalent of 7 euros and 2.70 euros per day of […]

Romania committed several rights violations due to its complicity in CIA secret detainee programme

Article 13
10/09/2018 12:44

JUDGMENT Al Nashiri v. Romania 31.05.2018 (no. 33234/12) see here SUMMARY The case Al Nashiri v. Romania (application no. 33234/12) concerned the applicant’s allegations that Romania had let the United States Central Intelligence Agency (the CIA) transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to […]

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