Article 3

Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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Asylum request for members of a religious community. Rejection due to an unproven risk of inhumane or degrading treatment

JUDGMENT A.S.N. and others v. The Netherlands 25.2.2020 (no.  68377/17 and 530/18) see here  SUMMARY The applicants in both applications are families with minor children, originally from Afghanistan and belonging to the religious community of Sikhs. Citing fears of persecution because of their religious beliefs, they fled to the Netherlands where they sought asylum. Their […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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φυλακές

Inadequate detention conditions are degrading treatment. ECtHR proposals to restrict temporary detention

JUDGMENT Sukachov v. Ukraine 30.01.2020 (no.  14057/17) see here  SUMMARY Detention conditions, inhumane and degrading treatment. Systemic problem and ECHR intervention. The applicant was arrested in 2012 on charges of involvement in terrorist acts, and has been provisionally detained in a Ukrainian detention facility until 2018, when he was convicted and sentenced to 12 years […]

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The authorities’ ineffective investigation into the death of a prisoner violated the right to life. Torture of an Armenian man in a military police department cell

JUDGMENT Saribekyan and Balyan v. Azerbaijan  30.01.2020 (no. 35746/11) see here SUMMARY The case  concerned the death of the applicants’ son, an Armenian citizen, while in military police detention in Azerbaijan. The European Court of Human Rights held that there had been, by five votes to two, a violation of Article 2 (right to life) […]

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The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here  SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

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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.

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 […]

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An eight-year-old deaf child with intellectual disabilities was tied to his bed in public care “for his own safety”. Inhuman and degrading treatment

JUDGMENT L.R. v. North Macedonia 23.01.2020 (no. 38067/15) see here SUMMARY The case  concerned a child, L.R., who has been in the care of State-run institutions since he was three months old and allegations of inadequate care and ill-treatment. His case came to the notice of an NGO when the Ombudsman visited him in an […]

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