Article 3

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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The applicant didn’t prove that he would be at risk of inhuman or degrading treatment if he were to be deported. Rejection of the application

JUDGMENT U. v. France 15.02.2024 (app. no. 53254/20) see here SUMMARY The case concerned the procedure to remove the applicant, a Russian national of Chechen origin, to Russia. The applicant’s refugee status had been revoked on account of the serious threat his presence in France posed to State security. The applicant submitted that the implementation […]

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Inadequate and ineffective investigation of alleged rape of a tourist. Greece was condemned for violating the respect for privacy and the procedural part of Article 3

JUDGMENT X. v Greece 13.02.2024 (application no. 38588/21) see here SUMMARY The case concerned the applicant’s allegations that the Greek authorities had not carried out an effective investigation into her accusation that she was raped by a hotel bartender in September 2019 when she was 18 years old and on holiday with her mother, and […]

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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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Inappropriate treatment during the detention of a mentally ill person in a prison psychiatric hospital. Violation of Articles 3 and 5 of the ECHR

JUDGMENT Miranda Magro v. Portugal 09.01.2023 (app. no. 30138/21) see here SUMMARY The case concerned Mr Miranda Magro’s preventative detention, which had been ordered by the courts following a finding in 2019 that he was not criminally responsible for a number of alleged offences owing to his mental disorder (having been diagnosed with paranoid schizophrenia […]

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Investigation into circumstances of death of protesters lasted 23 years! Violation of the procedural part of Articles 2 and 3 of the ECHR

JUDGMENT Ștefan-Gabriel Mocanu and others v. Romania 12.12.2023  (app. no. 34323/21 and others) see here SUMMARY  The case concerned allegations made by the victims or the heirs of victims of the repression of antigovernment protests held in Bucharest in June 1990 as to the lack of an effective investigation. The Court found that, even after […]

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Imposing a disproportionately lenient sentence for sexual assault constitutes degrading treatment and an invasion of privacy!

JUDGMENT Vučković v. Croatia 12.12.2023  (app. no. 15798/20) see here SUMMARY The case concerned the sexual assaults that Ms Vučković, a nurse, suffered at the hands of an ambulance driver colleague while working shifts together. Her assailant was sentenced to 10 months’ imprisonment, but that sentence was commuted to community service on appeal. The Court […]

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