Article 3

Ill treatment of a soldier from a sergeant and from another soldier because he fell asleep on duty consists degrading treatment. Inadequate investigation into same soldier’s death violates procedural aspect of right to life

JUDGMENT Styazhkova v. Russia 14.01.2020 (no. 14791/04) see here SUMMARY The case of Styazhkova v. Russia concerned the applicant’s allegation that the official explanation of suicide for her son’s death during his military service was not convincing. The European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right […]

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φυλακές

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

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 […]

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No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

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The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

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The degrading treatment of a prisoner and the incomplete investigation of the case violated the substantive and procedural aspect of Article 3 of the ECHR

JUDGMENT J.M. and others v. France 5.12.2019 (no. 71670/14) see here  SUMMARY The case concerned the applicant’s complaints of inhuman and degrading treatment and disproportionate use of force by prison staff while he was in detention, and his allegation that the subsequent investigation had been ineffective and lacked independence. The Court held that the applicant […]

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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.

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 […]

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φυλακές

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.

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 […]

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The arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY  Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

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Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

JUDGMENT Abdyusheva and others v. Russia  26/11/2019  (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

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The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

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