Article 3 Archives

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

Article 13
07/08/2020 07:41

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 […]

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

Article 13
24/07/2020 15:21

.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 […]

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

Article 13
20/07/2020 07:09

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 […]

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

Article 3
13/07/2020 08:56

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 […]

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

Article 3
06/07/2020 08:34

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 […]

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

Article 3
04/07/2020 10:39

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 […]

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

Article 3
28/06/2020 19:33

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 […]

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

Article 13
20/06/2020 08:06

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 […]

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.

Article 3
18/06/2020 06:52

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 […]

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.

Article 3
16/06/2020 06:36

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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