GRAND CHAMBER JUDGMENT X and others v. Bulgaria 2.2.2021 (no. 22457/16) see here SUMMARY The case concerned allegations of sexual abuse committed against three children in a Bulgarian orphanage prior to their adoption by an Italian couple in June 2012, the European Court of Human Rights held : – that the applicants, owing to their […]
JUDGMENT
Melnikov v. Ukraine 22.10.2020 (app. no. 66753/11)
Humiliating treatment and detention conditions. The applicant was convicted of serious offenses (intentional homicide, kidnapping, robbery, theft, etc.) and was sentenced to life imprisonment and 15 years in prison.
He complained about the conditions of his detention in the prisons, stating that the personal space in his cell was 2.5 sq.m. and generally that there was an overcrowding of prisoners. He also complained about the way his sentences were calculated.
The ECtHR ruled that his allegations were vague and unproven. According to the Court, the applicants must provide a detailed and sufficient description of the facts and situations which they complain about regarding prison conditions and which do not have sufficient general objections, as in the present case. It also considered that the applicant had not substantiated his action in the part concerning the calculation of the penalties and the breach of Article 7 of the ECHR.
JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.
JUDGMENT
Akın v. Turkey 17.11.2020 (app. no. 58026/12)
Citizen beaten by police and serious bodily harm. No police convictions. Humiliating treatment.
The applicant, during a typical identity check from police officers was severely beaten, resulting in severe bodily harm. He filed lawsuits against two police officers. The officers were sentenced to 6 and 5 months in prison respectively. However, no sentence was carried out because until the appeal was heard in the Court of Cassation, the crime of the police officers fell into statute of limitations.
JUDGMENT
Barbotin v. France 19.11.2020 (app. no. 25338/16)
The case concerned the compensation awarded to the applicant by the domestic courts in respect of
his conditions of detention in Caen remand prison. The applicant complained of the ineffectiveness
of the compensatory remedy of which he had availed himself, in view of the low amount awarded
and the fact that he had had to pay the expert’s fees incurred to inspect the cells in which he had
been held.
JUDGMENT
Bardali v. Switzerland 24.11.2020 (app. no. 31623/17)
The case concerned the applicant’s conditions of detention in Champ-Dollon Prison in the Canton of
Geneva.
The Court found, in particular, that the lack of personal space for the applicant in Champ-Dollon
Prison could not on its own constitute a breach of Article 3 of the Convention. Indeed, the individual
space available to the applicant, less than the 4 m² standard established by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), had to be considered
together with the applicant’s other material conditions of detention in order to determine whether
or not there had been a violation of Article 3.
JUDGMENT
Navalnyy and Gunko v. Russia 10.11.2020 (app. no. 75186/12)
Two protesters were arrested in Bolotnaya Square in Russia in May 2012 during a political demonstration against the government. Their overnight detention in a police station and administrative conviction for violating legal police orders.
One of the protesters, Aleksey Navalnyy, a lawyer and political activist, claimed in his application before the ECtHR that a police officer had used excessive force during his arrest. Both protesters also claimed that their arrest and overnight detention was unjustified and arbitrary, that the administrative proceedings against them were unfair, that the dissolution of the demonstration, their arrest and subsequent conviction were disproportionate and that these violations of their rights were intended to undermine the freedom of assembly.
JUDGMENT
B. and C. v. Switzerland 17.11.2020 (app. no. 43987/16 and 889/19)
Same-sex couple. One of the two partners was in danger of returning to Gambia after his partner’s application was rejected by the Swiss authorities for family reunification. He claimed that he was in danger of being mistreated if he returned.
JUDGMENT
Roth v. Germany 22.10.2020 (app. no. 6780/18 and 30776/18)
Humiliating treatment and the right to compensation. The applicant, being held in a detention center in Germany, was ill-treated during his detention. He underwent at least 12 physical searches in secret parts of his body after he was forced to undress in front of the police. The domestic courts considered the corporal searches to be offensive treatment, however, they considered the recognition of the insult to be sufficient as a justification and refused to provide legal assistance to bring an action for damages.
JUDGMENT
Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.
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