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

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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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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Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020  (app. no. 69460/12) see here  SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

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Detention of a foreign asylum seeker based on an annulled court decision. Violation of the right to liberty and security and lack of redress

JUDGMENT Muhammad Saqawat v. Belgium 30.06.2020 (app. no.  54962/18) see here  SUMMARY Asylum applications from a foreigner. Detention  for deportation. Right to liberty and security and the possibility of redress. The applicant, a Bangladeshi national, was detained in a Belgian detention center while his repeated applications for asylum were being processed due to his possible […]

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Prohibition of request for release from prison for two months violated the right to personal liberty and security

JUDGMENT Dimo Dimov and others v. Bulgaria  07.07.2020 ( no. 30044/10) see here   SUMMARY Legality of pre-trial detention, reason for the decision and right of actual appeal. The applicants were arrested and remanded in custody on charges of extortion. They made many requests for release which were rejected without justification and were released only when […]

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Limited cell space less than 3 sq.m. per person, constitutes degrading treatment. Violation of Article 13 for lack of effective remedy

.UDGMENT Lautaru and  Seed v. Greece  23.07.2020 (ap. no. 29760/15) see here SUMMARY  Conditions of detention, supervising prοsdecutor and actual appeal. The applicants were detained in various detention facilities in a limited space of less than 3 sq.m. per person, due to overcrowding in those prisons. They also complained about unsanitary conditions, limited and inadequate […]

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