Article 3

The inconvenience of an academician in the prisons of Azerbaijan. Serious violations of the ECHR

JUDGMENT Mammadov and others v. Azerbaijan 21.02.2019 (no. 35432/07) see here SUMMARY The case Mammadov and Others v. Azerbaijan (application no. 35432/07) concerned an Azerbaijani academic who complained that he had been arrested in 2007, held in unacknowledged detention for 24 hours and then sentenced to 15 days’ administrative detention which he had spent in […]

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The mentally ill prisoner must receive his treatment in the language he understands best. Treatment without hope of improvement is degrading treatment

JUDGMENT Rooman v. Belgium  31.01.2019 (no. 18052/11) see here SUMMARY The case concerned the question of the psychiatric treatment provided to a sex offender who has been in compulsory confinement since 2004 on account of the danger that he poses and the lawfulness of his detention. The European Court of Human Rights held: – by sixteen […]

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The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.

JUDGMENT M.A. and others v. Lithuania  11.12.2018 (no. 59793/17) see here  SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]

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The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

JUDGMENT  Isayeva v. Ukraine 4.12.2018 (no.  35523/06) see here   SUMMARY  Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

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Police repression of a demonstration and shooting with rubber bullets is a degrading treatment towards demonstrators.

JUDGMENT  Kılıcı v. Turkey 27.11.2018 (no. 32738/11) see here SUMMARY  Police violence and demonstrations. Demonstration against commercialization and privatization of water. Police attack on demonstrators with the firing of rubber bullets and tear gas. Violation of the prohibition of degrading treatment. PROVISION Article 3 PRINCIPAL FACTS  The applicant, Kadri Kılıcı, is a Turkish national who […]

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The lack of a statement of reasons for judicial decisions and the non-judicial investigation of complaints concerning individual and family life constitute a violation of Article 8 of the ECHR!

JUDGMENT A.T. v. Estonia 13.11.2018 (no. 23183/15) see here SUMMARY  Reasoning of court rulings. Judicial examination of allegations of violation of private and family life. The role of the courts. Visits of a dangerous patient in a hospital with handcuffs and legs. The ECtHR considered that because of his  history (violent, aggressive, etc.) handcuffing did […]

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The process of supervising the execution of an ECtHR ruling pending before the Committee of Ministers does not prevent a new appeal in respect of new aspects of the same case that were not dealt with in the original decision.

JUDGMENT  V.D. v. Croatia 15.11.2018 (n. 2) (no. 19421/15) see here   SUMMARY Execution of decisions. ECtHR’s conviction and new information on the same case. Following the  condemnation of Croatia regarding the ineffective and incomplete investigation into police violence, the national authorities re-investigated to find police accountability for the reported mistreatment. The new research found no […]

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Ρομά

Attacks against Roma by members of the local community. Failure to take appropriate protective measures by the police and inadequate investigation have violated the ECHR.

JUDGMENT Burlya and others v. Ukraine 6.11.2018  (no. 3289/10) see here SUMMARY Expulsion and pillage of a Roma village in Ukraine. Lack of measures to protect homes and no objective explanation of the facts. The passivity of the police during the attack, coupled with the village council resolution on the persecution of the Roma community, […]

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