Article 3

Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR

JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]

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Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

JUDGMENT Kaman v, Turkey  04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

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The repatriation of a foreigner who did not substantiate his allegations did not violate the ECHR. Violation due to insufficient research and no granting of an interpreter.

JUDGMENT M.S v. Slovenia and Ukraine 11.06.2020  (no.  17189/11) see here  SUMMARY Asylum applicant, rights of legal representation in a language understood by the applicant, procedural obligations of the State. The applicant, passing through Ukraine illegally, was arrested at the Slovak border. Return to Ukraine as the head of the first host country, where he […]

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Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

JUDGMENT Z v. Bulgaria 28.05.2020  (no.  39257/17) see here  SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

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Life prisoners must be isolated for 10 years for 22.5 hours every day and exit the cell only with handcuffs. A systematic problem of humiliating treatment!

JUDGMENT N.T. v. Russia 02.06.2020 (no. 14727/11) see here SUMMARY  The case concerned the applicant’s complaint about routine handcuffing and various aspects of his strict imprisonment regime, which had been applied to him for several years on the sole grounds of his life sentence. The Court found in particular that the Government had neither justified […]

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Failure to provide medical care to detainees constitutes inhumane and degrading treatment.

JUDGMENT Kadagishvili v. Georgia 14.05.2020 ( no. 12391/06) see here   SUMMARY Failure to provide medical care to detainees in accordance with their health problems is inhumane and degrading treatment. Detention of detainees and conditions of a fair trial. The first and third applicants were convicted of money laundering and held in high-security prisons. They […]

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φυλακές

Keeping prisoner in solitary confinement did not constitute inhuman and degrading treatment in breach of the Convention

JUDGMENT Astruc v. France 14.05.2020 (no. 5499/15) see here SUMMARY The case concerned the applicant’s complaint that he was kept in solitary confinement, while imprisoned on remand, after hospital treatment. The measure sought to clarify how the applicant was procuring unauthorised items while in prison and to prevent this from continuing. The Court noted that, […]

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The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates

JUDGMENT GRAND CHAMBER M.N. and others v. Belgium 05.05.2020 (no. 3599/18) see here SUMMARY The case concerned a couple of Syrian nationals and their two children, who were refused the shortterm visas that they had requested from the Belgian Embassy in Beirut with a view to applying for asylum in Belgium. The applicants claimed that […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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Whipping as a form of punishment is abolished in Saudi Arabia!

Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]

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