Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here  SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

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Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

JUDGMENT  Chiarello v. Germany  20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

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Permanent video surveillance of prisoners in their cells. Violation of their privacy.

JUDGMENT Gorlov and others v. Russia 02.07.19 (no. 27057/06 and 2 others) see here   SUMMARY Permanent video surveillance of prisoners in their cells with closed camera circuits. The Court found in particular that the internal legal framework on permanent video surveillance was not sufficiently clear, precise and detailed to provide adequate protection against arbitrary interference […]

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The denial of the possibility of education to detainees through the use of computer violated their right to education.

JUDGMENT Mehmet Reşit Arslan and Orhan Bingöl v. Turkey (no. 47121/06) see here SUMMARY Reasonable right of prisoners to continue their studies during their imprisonment. The applicants were convicted of a serious offense – participation in an illegal armed organisation. One of them was transferred to high security prisons. Their requests to have access to audiovisual materials […]

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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

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 […]

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Mistreatment of detainees in Grevena’s prisons and lack of effective research

JUDGMENT Konstantinopoulos and others v. Greece  22.11.2018 (no. 2) (no. 29543/15) see here   SUMMARY  The case concerned inmates of Grevena Prison who had complained of ill-treatment inflicted on them by members of a special police anti-terrorist unit during a surprise search of their cells in April 2013. The Court found in particular that the injuries found […]

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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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Greek prisons. Only one hour heating in the winter and prisoners were sleeping in moldy and smelly mattresses. Inhuman and degrading treatment

JUDGMENT Marrougas v. Greece 04.10.2018 (no.  44689/16) see here SUMMARY Prison of Diavata. Prisoners in a small cell living in a space of less than 3 sq.m. for each prisoner. They were sleeping in old moldy smelly mattresses and were not given bed linen and towels. In winter the heat was open only for one […]

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The place of detention of prisoners should be close to their home

JUDGMENT  Voynov v. Russia 03.07.2018 (no. 39747/10) see here   SUMMARY The case concerned a complaint brought by a prisoner that he had been sent to serve his sentence in a prison 4,200 kilometres from his home town. He has not seen his partner since 2014 and has never seen his four-year-old daughter. The Court found […]

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