Article 3

Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020  (app. no. 69460/12) see here  SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

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Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020  (app. no.  20649/18) see here   SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of ​​their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

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Immobilizing a suspect by foot during a police raid constitutes degrading treatment

JUDGMENT Mîţu v. the Republic of Moldova 30.06.2020 (app. no.  23524/14) see here SUMMARY Humiliating treatment and police violence. Ineffective research. Information on the presence of firearms in the applicant’s apartment. Use of violence against the applicant in her home because she refused to open the door despite the search warrant. The police officers grabbed […]

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Failure to process asylum applications and repatriation of aliens violated the ECHR

JUDGMENT Μ.Κ. and others v. Poland  23.07.2020 (app. no. 40503/17, 42902/17 and 43643/17) see here SUMMARY The case  concerned the repeated refusal of Polish border guards on the border with Belarus to admit the applicants, who had come from Chechnya and had asked for international protection. The European Court of Human Rights held, unanimously, that […]

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Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here   SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

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Limited cell space less than 3 sq.m. per person, constitutes degrading treatment. Violation of Article 13 for lack of effective remedy

.UDGMENT Lautaru and  Seed v. Greece  23.07.2020 (ap. no. 29760/15) see here SUMMARY  Conditions of detention, supervising prοsdecutor and actual appeal. The applicants were detained in various detention facilities in a limited space of less than 3 sq.m. per person, due to overcrowding in those prisons. They also complained about unsanitary conditions, limited and inadequate […]

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Women’s prisons in Eleona Thebes. Detention conditions for HIV / AIDS detainees are satisfactory. Conviction for ineffective remedies

JUDGMENT Dikaiou and others v. Greece 16.07.2020 (no. 77457/13) see here  SUMMARY Conditions of detention of six HIV / AIDS applicants, held in the Eleona Thebes women’s prison before or after their irrevocable conviction. Lack of effective remedies by which they could terminate these conditions. The Court found that the general conditions of detention of […]

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Violent arrest by police. Videotape damage for the event. Insufficient investigation and violation of the procedural part of Article 3 of the ECHR

JUDGMENT Posa v. Hungary 07.07.2020 (app. no. 40885/16) see hre   SUMMARY Corporal violence by police officers. Destruction of video recording of the incident and disappearance of a forensic report. Insufficient research. Violation of procedural part of Article 3 of the ECHR. During his arrest, the applicant, accused of robbery, was dragged to the ground by […]

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Asylum seekers lived on the streets for several months without financial assistance despite legal provisions. Humiliating treatment from France

JUDGMENT N.H. and others v. France 02.07.2020 (app. no.28820/13, 75547/13 and 13114/15) see here  SUMMARY The applications concerned five asylum-seekers, single men, living in France. They complained that they had been unable to receive the material and financial support to which they were entitled under French law and had thus been forced to sleep rough […]

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Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

JUDGMENT George-Laviniu  Ghiurău v. Romani 16.06.2020 (no.  15549/16) see here  SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

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