Article 3 Archives

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!

Article 3
06/06/2020 17:18

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 […]

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

1st P - Article 1
31/05/2020 09:07

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 […]

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

Article 3
19/05/2020 07:22

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, […]

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

Administrative
08/05/2020 11:39

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 […]

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

Article 3
04/05/2020 14:54

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 […]

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

Article 3
27/04/2020 15:31

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 […]

Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

Article 2
15/04/2020 09:00

JUDGMENT Murdalovy v. Russia 31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

Article 3
10/04/2020 09:01

JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]

The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

Article 2
06/04/2020 07:58

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

Article 2
28/03/2020 17:49

JUDGMENT Cantaragiu v. Republic of Moldova 24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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