Article 3

Detained in a special prison cell, naked in the cold and with constant light for 17 days! Inhuman and degrading treatment

JUDGMENT Vukušić v. Croatia 14.11.2023 (app. no. 37522/16) see here SUMMARY The applicant, mentally disturbed, was kept in a so-called “rubber cell” (gumenjara) in prison for two periods in 2012 and for a total of 17 days. This detention was imposed to prevent him from self-harming. According to the Court, persons in detention are in […]

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Deprivation of freedom of asylum seekers, inhuman conditions of detention and lack of information about their rights. Violation of Articles 3 and 5 of the ECHR

JUDGMENT A.E. and T.B. v. Italy 16.11.2023 (app. no. 18911/17, 18941/17 and 18959/17) and W.A. and others v. Italy (app. no. 18787/17) see here SUMMARY All the applicants (nine in total) arrived in Italy in the summer of 2016. According to the applicants in the first case, on 17 and 19 August 2016 they were […]

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The wanted applicant did not demonstrate the possibility that he would be sentenced to life imprisonment, in the event of his extradition to the USA. Non-violation of Article 3 of the ECHR

JUDGMENT Lang v. Ukraine 09.11.2023 (app. no. 49134/20) see here SUMMARY Decision to extradite the applicant to the US following requests from the US Government. The applicant was wanted in the states of Florida, North Carolina, and Arizona for multiple offenses. Invoking Article 3 of the ECHR, he claimed that his extradition to the US […]

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Inadequate medical care for a refugee suffering from HIV along with inhumane conditions in Greek camps. Conviction for inhuman and degrading treatment

JUDGMENT E.F. v. Greece 05.10.2023 (app. no. 16127/20) see here SUMMARY Inability of the applicant, an asylum seeker with HIV, to receive medical treatment from the authorities of the Moria and Polykastro camps. In addition, the living conditions were not good. The applicant stated that she left Cameroon to escape sexual abuse and persecution by […]

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Expulsion of a foreigner following a wrong assessment by the authorities regarding the risks of inhumane treatment. Violation of the procedural aspect of Article 3 of the ECHR

JUDGMENT Α.Μ.Α. v. the Netherlands 24.10.2023 (app. no. 23048/19) see here SUMMARY The case concerned the applicant’s removal to Bahrain in 2018 following a risk assessment made in the context of his last-minute asylum application. He alleged that the Dutch authorities had not sufficiently assessed the risks of his being ill-treated upon his return to […]

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Investigation into the beating of an immigrant by police officers based on the statements of the police officers! Violation of procedural and substantive part of Article 3 of the ECHR

JUDGMENT Shahzad v. Hungary  05.10.2023 (app. no. 37967/18) see here SUMMARY The applicant illegally entered Hungarian territory from Serbia. He was forcibly driven by police officers to the border, to exit the country. He claimed that during this operation, he was beaten with a glove which caused bruises and a hematoma on his head. The […]

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Removal of migrants with vulnerable children to an unsafe third country from which they did not come from and had no ties to. Degrading treatment and violation of the 4th Protocol

JUDGMENT S.S. and others v. Hungary 12.10.2023 (app. no. 56417/19 and 44245/20) see here SUMMARY The applicants are two families with young children, nationals of Yemen and Afghanistan respectively. They tried to enter Hungary via the airport, traveling from Istanbul, and presented themselves to border guards with fake passports. Due to the use of forged […]

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Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY  Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

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Inhuman and degrading treatment of a prisoner with psychiatric problems. Admissible is the application submitted on his behalf on behalf of his parents

JUDGMENT Ghazaryan and Bayramyan v. Azerbaijan 05.10.2023 (app. no. 33050/18) see here SUMMARY The application was filled without written authorization by parents on behalf of their son, who had mental health problems and was in custody. On 15 July 2018 the applicants’ son, who lived with them, was arrested in Azerbaijan near the border with […]

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