Article 3

The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.

JUDGMENT M.A. and others v. Lithuania  11.12.2018 (no. 59793/17) see here  SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]

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The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

JUDGMENT  Isayeva v. Ukraine 4.12.2018 (no.  35523/06) see here   SUMMARY  Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

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Police repression of a demonstration and shooting with rubber bullets is a degrading treatment towards demonstrators.

JUDGMENT  Kılıcı v. Turkey 27.11.2018 (no. 32738/11) see here SUMMARY  Police violence and demonstrations. Demonstration against commercialization and privatization of water. Police attack on demonstrators with the firing of rubber bullets and tear gas. Violation of the prohibition of degrading treatment. PROVISION Article 3 PRINCIPAL FACTS  The applicant, Kadri Kılıcı, is a Turkish national who […]

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Mistreatment of detainees in Grevena’s prisons and lack of effective research

JUDGMENT Konstantinopoulos and others v. Greece  22.11.2018 (no. 2) (no. 29543/15) see here   SUMMARY  The case concerned inmates of Grevena Prison who had complained of ill-treatment inflicted on them by members of a special police anti-terrorist unit during a surprise search of their cells in April 2013. The Court found in particular that the injuries found […]

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The lack of a statement of reasons for judicial decisions and the non-judicial investigation of complaints concerning individual and family life constitute a violation of Article 8 of the ECHR!

JUDGMENT A.T. v. Estonia 13.11.2018 (no. 23183/15) see here SUMMARY  Reasoning of court rulings. Judicial examination of allegations of violation of private and family life. The role of the courts. Visits of a dangerous patient in a hospital with handcuffs and legs. The ECtHR considered that because of his  history (violent, aggressive, etc.) handcuffing did […]

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The process of supervising the execution of an ECtHR ruling pending before the Committee of Ministers does not prevent a new appeal in respect of new aspects of the same case that were not dealt with in the original decision.

JUDGMENT  V.D. v. Croatia 15.11.2018 (n. 2) (no. 19421/15) see here   SUMMARY Execution of decisions. ECtHR’s conviction and new information on the same case. Following the  condemnation of Croatia regarding the ineffective and incomplete investigation into police violence, the national authorities re-investigated to find police accountability for the reported mistreatment. The new research found no […]

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Attacks against Roma by members of the local community. Failure to take appropriate protective measures by the police and inadequate investigation have violated the ECHR.

JUDGMENT Burlya and others v. Ukraine 6.11.2018  (no. 3289/10) see here SUMMARY Expulsion and pillage of a Roma village in Ukraine. Lack of measures to protect homes and no objective explanation of the facts. The passivity of the police during the attack, coupled with the village council resolution on the persecution of the Roma community, […]

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Police officers forced two women in a police station to strip-naked. The lenient sentences imposed on them are incompatible with the explicit prohibition of police ill-treatment

JUDGMENT  O.R. and L.R. v. the Republic of Moldova 30.10.2018 (no. 24129/11) see here  SUMMARY  Arrest of two women after a demonstration. Police officers at the police station forced them to strip naked and do sit-ups. After many years of prosecution, both police officers were convicted of torture by the applicants with the minimum sentence […]

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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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The detention of a detainee in the isolation cell for 7 days as a disciplinary measure does not consist degrading treatment

JUDGMENT Mazziotti v. France 11.10.2018 (no. 65089/13) see here SUMMARY The case concerned the imposition of a disciplinary measure on a prisoner who was found in possession of a mobile phone. The Court acknowledged the validity of the disciplinary reasons for the sanction and its necessity on security grounds. It observed that the length of […]

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