Article 3 Archives

The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

Article 3
31/01/2020 19:34

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

Article 3
28/01/2020 07:53

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

An eight-year-old deaf child with intellectual disabilities was tied to his bed in public care “for his own safety”. Inhuman and degrading treatment

Article 3
27/01/2020 07:35

JUDGMENT L.R. v. North Macedonia 23.01.2020 (no. 38067/15) see here SUMMARY The case concerned a child, L.R., who has been in the care of State-run institutions since he was three months old and allegations of inadequate care and ill-treatment. His case came to the notice of an NGO when the Ombudsman visited him in an […]

Failure to suspend expulsion of an allien following judicial remedies violates the European Convention on Human Rights

Article 2
25/01/2020 15:58

JUDGMENT D. and others v. Romania 14.01.2020 (no. 75953/16) see here SUMMARY The case concerned an order for the expulsion to Iraq of an Iraqi national following his conviction in Romania for having facilitated the entry to Romania of persons involved in terrorist activities (a migrant smuggling offence). The European Court of Human Rights held, […]

Ill treatment of a soldier from a sergeant and from another soldier because he fell asleep on duty consists degrading treatment. Inadequate investigation into same soldier’s death violates procedural aspect of right to life

Article 2
16/01/2020 10:00

JUDGMENT Styazhkova v. Russia 14.01.2020 (no. 14791/04) see here SUMMARY The case of Styazhkova v. Russia concerned the applicant’s allegation that the official explanation of suicide for her son’s death during his military service was not convincing. The European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right […]

Overcrowded cells and the lack of heating consists degrading treatment of the prisoners. Prisoners’ online communication is prohibited due to the existence of other means of communication

Article 3
12/01/2020 21:12

JUDGMENT Ciupercescu v. Romania 07.01.2019 (no. 41995/14) see here SUMMARY Conditions of detention in prison and degrading treatment. The applicant has been sentenced to 11 years in prison in various Romanian prisons. He appealed before the domestic courts for detention conditions regarding overcrowding, cell size, humidity, delayed medical care, a ban on online chat with […]

No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

Article 3
09/01/2020 19:12

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

1st P - Article 1
14/12/2019 17:59

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

The degrading treatment of a prisoner and the incomplete investigation of the case violated the substantive and procedural aspect of Article 3 of the ECHR

Article 3
10/12/2019 19:42

JUDGMENT J.M. and others v. France 5.12.2019 (no. 71670/14) see here SUMMARY The case concerned the applicant’s complaints of inhuman and degrading treatment and disproportionate use of force by prison staff while he was in detention, and his allegation that the subsequent investigation had been ineffective and lacked independence. The Court held that the applicant […]

The illtreatment in prison by guards of a convict for sexually abusing a child constitutes inhumane and degrading treatment. The ineffective and incomplete investigation of his complaint constitutes a breach of the procedural limb of Article 3.

Article 3
06/12/2019 19:09

JUDGMENT Jevtović v, Serbia 03.12.2019 (no. 29896/14) see here Prohibition of torture, ill-treatment limits and obligation to investigate. The applicant was convicted of sexually abusing a minor of only three years old. During his imprisonment, he was mistreated four times by guards. The authorities claimed that this was a justified attack in order to suppress […]

Article 3