Article 3 Archives

Corporal examinations of a detainee in the anus constitute degrading treatment. Violation of Article 13 for non-provision of legal aid for filing a claim for damages

Article 13
16/11/2020 10:45

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.

Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

Article 3
13/11/2020 18:03

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.

Deportation before the examination of the legal remedies and despite the judicial suspension of the deportation. Conviction for ineffective appeal and for the procedural part of Article 3 of the ECHR

Article 13
08/11/2020 10:38

Deportation of the applicant to Sudan by the Belgian authorities despite the existence of a court order ordering the temporary suspension of the measure and despite the pending request of the court to release him.

Overcrowding in the prison, personal space of less than 3 sq.m. and lack of heating. Humiliating treatment!

Article 3
07/11/2020 07:57

The case concerned the conditions of detention in Oporto prison (Portugal), where Mr Bădulescu
had been held between October 2012 and March 2019.

Police called lesbian women “sick” and “perverted” and carried out unwarranted physical searches. Conviction for degrading treatment of LGBT people.

Article 14
16/10/2020 18:21

JUDGMENT Aghdgomelashvili and Japaridze v. Georgia 08.10.2020 (app.no. 7224/11) see here SUMMARY Police violence and LGBT community. Police operation in the office of an LGBT organization in Tbilisi. The applicants, who worked for the organization, complained that the police had insulted and threatened them, and that they had been subjected to degrading physical investigations. More […]

The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Article 2
30/09/2020 07:44

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20) PRINCIPAL FACTS The European Court of Human Rights received on the 28-9-2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules […]

Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

1st P - Article 1
26/09/2020 15:42

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

Violent three-day beating of a prisoner by police in order for him to confess! Conviction for torture

Article 3
23/09/2020 17:46

JUDGMENT Χ. and Υ. v. Russia 22.09.2020 (app. no. 43411/06) see here SUMMARY Unjustified violence by police officers. Prohibition of torture and illegal detention. The first applicant was arrested at night while he was sleeping in the house of his mother and the second applicant. He was dragged to a local police station, beaten severely […]

Complaint of asylum seekers for accommodation in tents in a camp parking lot and for lack of financial assistance! Unproven allegations. Non-violation of the ECHR

Article 3
19/09/2020 10:14

JUDGMENT B.G. and others v. France 10.09.2020 (app. no. 63141/13) see here SUMMARY The case concerned the accommodation of asylum-seekers for several months in a tent camp set up on a carpark in Metz and the question whether they had received the material and financial support provided for by domestic law. Applicants 1 to 12 […]

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

Article 2
14/09/2020 11:00

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 […]

Article 3