detainees

The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

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The allegations of the state authorities for the attempted suicide of a prisoner and not for homicide were not convincing. Violation of the right to life.

JUDGMENT Lapshin v. Azerbaijan 20.5.2021 (app. no 13527/18) see here SUMMARY The case concerned an incident during the applicant’s imprisonment in Azerbaijan in 2017 for having crossed the State border outside the checkpoints during journeys to Nagorno-Karabakh, and the ensuing inquiry by the prosecutor’s office into the incident. The authorities asserted that the incident had […]

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Detainees in psychiatric prison wards. Developments after a pilot decision. Detention in inappropriate conditions, psychiatric wards with systemic problems and improvements.

JUDGMENT Venken and others v. Belgium  06.04.2021  (app. no. 46130/14) see here SUMMARY The case concerns five applications concerning the detention of five Belgian nationals in the psychiatric prison ward, which followed the pilot decision of W.D. against Belgium. The applicants alleged that they did not benefit from an remedy adapted to their mental health […]

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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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The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

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φυλακές

Detention of the mayor for 4 days without appearing in court. Search in his office without a warrant. Violation of privacy and the right to liberty and security

JUDGMENT Marin Yosifov v. Bulgaria 13.10.2020 (app. no. 5113/11) see here SUMMARY The case concerns criminal proceedings for corruption brought against a mayor. The applicant complained of being detained for four days (for 24 hours on police orders and for a further 72 hours on an order of the public prosecutor) without being brought before […]

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Extension of pre-trial detention of an accused despite his release by the first instance court violates the right to personal liberty

JUDGMENT I.S. v. Switzerland  6-10-2020 (app. no. 60202/15) see here SUMMARY In this case, I.S. complained about the extension of his preventive detention (between April and December 2015) despite his acquittal at first instance. The Court found in particular that I.S.’s preventive detention following his acquittal at first instance did not fall within the exceptions […]

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Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here  SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

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ECHRCaseLaw
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