Άρθρο 13

Detention of a psychiatric patient in inappropriate conditions. Degrading treatment, and violation of personal freedom

JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY  The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]

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A minor was classified as an adult in a migrant camp. Condemnation of Greece for lack of procedural guarantees for age determination and for degrading conditions

JUDGMENT T.K. v. Greece 18.01.2024 (app. no. 16112/20) see here SUMMARY The applicant, upon his arrival at a camp in Samos, was registered as an adult. The applicant claimed that he had produced a copy of a birth certificate where the date of birth proved that he was a minor at the relevant time. However, […]

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Ban on exiting the country for journalists, without being accused or suspected, but witnesses! Violation of freedom of movement

JUDGMENT GANBAROVA and others v. Azerbaijan 21.09.2023 (app. 1158/17 and 2 others) see here SUMMARY Travel bans imposed on the applicant journalists in the context of a criminal investigation into the activities of an online channel with which they had collaborated. The applicants, without having been convicted, and without having the status of an accused […]

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Failure of the courts to consider the merits of a claim, in the absence of relevant arguments by the claimant, as required by national law. The application is inadmissible

JUDGMENT FUQUAN S.R.O v. the Czech Republic 01.06.2023 (app. no. 24827/14) see here SUMMARY The case concerned the seizure of property amounting to nearly 2.1 million euros belonging to the applicant company in the course of a tax evasion investigation and the trial against its managing director and another member. The property was held for […]

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A delay of 4.5 years for the filing of a criminal case without the possibility of exercising an appeal for compensation. Violation of reasonable time and Article 13 of the ECHR

JUDGMENT Irodotou v. Cyprus 23.05.2023 (app. no. 16783/20) see here SUMMARY The applicant was accused of an alleged debt to a credit institution. Criminal proceedings were initiated against him which lasted approximately 4.5 years. Then the Prosecutor decided that there was no reason for criminal prosecution and filed the case. The applicant felt all these […]

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Abusive and arbitrary behavior during the search of a company by the Competition Commission. Violation of respect of the residence

JUDGMENT UAB Kesko Senukai Lithuania v. Lithuania 04.04.2023 (app. no.  19162/19)   see here SUMMARY  The applicant, UAB Kesko Senukai Lithuania, is a company based in Kaunas (Lithuania). It is mainly involved in retail. In April 2018 the Lithuanian Competition Council launched an investigation into suspected price fixing by six retailers, including Kesko Senukai Lithuania, in […]

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Suspension of duties for a prosecutor even after his irrevocable criminal discharge! Violation of respect for his private life

JUDGMENT Gashi and Gina v. Albania 04.04.2023 (app. no. 29943/18) see here SUMMARY The case concerned a criminal investigation into the applicants on suspicion of irregularities related to their declaration of assets and financial interests over the years, and their suspension from their positions as prosecutors as required by the relevant legislation. The Court found […]

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Inadequate conditions of detention of a detainee with physical disabilities. Improper medical care. Conviction for degrading treatment

JUDGMENT MACHINA v. THE REPUBLIC OF MOLDOVA 17.01.2023 (app. no. 69086/14) see here SUMMARY Inadequate medical care in prison for an inmate with severe motor disabilities and an infection with HCV which allegedly occurred in prison (Article 3 of the Convention). The applicant, who has suffered from spastic paraplegia (muscle weakness and stiffness affecting the […]

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Statements by a Government spokesperson about the guilt of a defendant before the criminal proceedings are completed! Violation of the presumption of innocence.

JUDGMENT SAVVAIDOU v. GREECE 31.1.2023 (app. no. 58715/15) see here SUMMARY The applicant was General Secretary of Public Revenue of the Ministry of Finance. On 22.10.2015, following a decision of the Council of Ministers, due to her alleged involvement in acts investigated by the criminal justice system and her referral to the criminal court, she […]

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