Article 3

δικαίωμα στη ζωή

The continuing detention of a man suffering from cancer was not in breach of the Convention

JUDGMENT Gengoux v. Belgium (application no. 76512/11) 17.01.2017 see here SUMMARY  The case concerned the continuing detention of the applicant’s seriously ill father. Taking the view that no causal link could be established between the imprisonment of the applicant’s father and his death, the Court considered it decisive that the applicant’s father had not died […]

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Public humiliation of soldier was not justified by the need to maintain military discipline

JUDGMENT Lyalyakin v. Russia 12/03/2015 (no. 31305/09) see here SUMMARY: The case concerned a complaint by a conscript about degrading treatment when he was caught trying to escape from the army, including appearing undressed in front of other soldiers. The Court, whilst recognising the need to maintain military discipline within the army, found that the […]

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Respect for the human body after death

JUDGMENT Elberte v. Latvia  13.01.2015 (no.  61243/08) see here SUMMARY: The case concerned the removal of body tissue from Ms Elberte’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to Ms Elberte, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy […]

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The conditions of detention of a severely disabled prisoner found to be contrary to the Convention

JUDGMENT: Helhal v. France 19.02.2015 (no. 10401/12) see here SUMMARY: The case concerned the compatibility of a disabled prisoner’s state of health with his continuing detention and the arrangements for his care in prison. The Court found in particular that, although the applicant’s continuing detention did not in itself constitute inhuman or degrading treatment in […]

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Expulsion of criminal suspect to China would expose him to risk of facing the death penalty, in violation of the Convention

JUDGMENT: A.L. (X.W.) v. Russia 29.10.2015 (no. 44095/14) see here   SUMMARY: The case concerned, in particular, the complaint by a man residing in Russia and wanted as a criminal suspect in China that if forcibly returned to China, he would be at risk of being convicted and sentenced to death. The Court considered that, given […]

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Police failed to protect participants in march against homophobia from violent attacks of counter-demonstrators

JUDGMENT Identoba and others v. Georgia 12.05.2015 (no. 73235/12) see here SUMMARY: The case concerned a peaceful demonstration in Tbilisi in May 2012 to mark the International Day against Homophobia, which was violently disrupted by counter-demonstrators outnumbering the marchers. The Court considered in particular that the authorities knew or ought to have known of the […]

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