detainees Archives

Paraplegic Prisoner: being carried between two floors constitutes degrading treatment

Article 3
09/02/2020 17:20

JUDGMENT Bayram v. Turkey 04.02.2020 (no. 7087/12) see here SUMMARY The case concerned the conditions of detention of the applicant, who is paraplegic and cannot move around by his own means. The applicant, whose degree of physical incapacity is 92%, received no assistance between 11 April 2011 and 27 April 2011 in Batman Prison. On […]

The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

Article 3
28/01/2020 07:53

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

Overcrowded cells and the lack of heating consists degrading treatment of the prisoners. Prisoners’ online communication is prohibited due to the existence of other means of communication

Article 3
12/01/2020 21:12

JUDGMENT Ciupercescu v. Romania 07.01.2019 (no. 41995/14) see here SUMMARY Conditions of detention in prison and degrading treatment. The applicant has been sentenced to 11 years in prison in various Romanian prisons. He appealed before the domestic courts for detention conditions regarding overcrowding, cell size, humidity, delayed medical care, a ban on online chat with […]

Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation. Violation of the ECHR

Article 5
07/01/2020 08:59

JUDGMENT Venet v. Belgium 22.10.2019 (no. 27703/16) see here SUMMARY The case concerned proceedings in which Mr Venet unsuccessfully challenged his pre-trial detention. He complained that he had been unable to attend the Court of Cassation’s hearing on his appeal against his pre-trial detention or to respond to the submissions of the advocate-general, as he […]

Ongoing detention of human rights defender violates the ECHR

article 18
12/12/2019 21:18

JUDGMENT Kavala v. Turkey 10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

The illtreatment in prison by guards of a convict for sexually abusing a child constitutes inhumane and degrading treatment. The ineffective and incomplete investigation of his complaint constitutes a breach of the procedural limb of Article 3.

Article 3
06/12/2019 19:09

JUDGMENT Jevtović v, Serbia 03.12.2019 (no. 29896/14) see here Prohibition of torture, ill-treatment limits and obligation to investigate. The applicant was convicted of sexually abusing a minor of only three years old. During his imprisonment, he was mistreated four times by guards. The authorities claimed that this was a justified attack in order to suppress […]

The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.

Article 5
04/12/2019 20:22

JUDGMENT I.L. v. Switzerland 3.12.2019 (no. 72939/16) see here SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]

Detention in cells less than 3 sq. m., overcrowded, lack of hygiene and lack of heating in prisons. The Court obliges the state to adopt general measures to improve the situation.

Article 3
03/12/2019 18:27

JUDGMENT Petrescu v. Portugal 3-12-2019 (no. 23190/17) see here SUMMARY Degrading treatment of prisoners in prisons. Detention in a cell of less than 3 m,, overcrowding, lack of hygiene and no heating. The Court recommended that the Portuguese State should take general measures to improve the situation. According to the ECHR, measures must first be […]

Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

Article 5
07/11/2019 20:57

JUDGMENT Porchet v. Switzerland 7.11.2019 (no. 36391/16) see here SUMMARY The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

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

Article 6 - Par. 1
17/09/2019 13:34

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 […]

detainees