Article 3 Archives

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!

Article 3
17/11/2018 16:09

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 […]

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.

Article 3
16/11/2018 14:26

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 […]

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.

Article 3
06/11/2018 17:20

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, […]

Police officers forced two women in a police station to strip-naked. The lenient sentences imposed on them are incompatible with the explicit prohibition of police ill-treatment

Article 3
05/11/2018 07:36

JUDGMENT O.R. and L.R. v. the Republic of Moldova 30.10.2018 (no. 24129/11) see here SUMMARY Arrest of two women after a demonstration. Police officers at the police station forced them to strip naked and do sit-ups. After many years of prosecution, both police officers were convicted of torture by the applicants with the minimum sentence […]

A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

Article 3
04/11/2018 20:53

JUDGMENT Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

The detention of a detainee in the isolation cell for 7 days as a disciplinary measure does not consist degrading treatment

Article 3
14/10/2018 07:39

JUDGMENT Mazziotti v. France 11.10.2018 (no. 65089/13) see here SUMMARY The case concerned the imposition of a disciplinary measure on a prisoner who was found in possession of a mobile phone. The Court acknowledged the validity of the disciplinary reasons for the sanction and its necessity on security grounds. It observed that the length of […]

Greek prisons. Only one hour heating in the winter and prisoners were sleeping in moldy and smelly mattresses. Inhuman and degrading treatment

Article 3
08/10/2018 11:43

JUDGMENT Marrougas v. Greece 04.10.2018 (no. 44689/16) see here SUMMARY Prison of Diavata. Prisoners in a small cell living in a space of less than 3 sq.m. for each prisoner. They were sleeping in old moldy smelly mattresses and were not given bed linen and towels. In winter the heat was open only for one […]

Police beating with rubber logs, cigarette burning and torture with electric cables and needles under the nails

Article 2
02/10/2018 13:54

JUDGMENT Tsakoyevy v. Russia 02.10.2018 (no. 16397/07) see here SUMMARY Police violence and the death of a suspect for his participation in an armed group. He was beaten with rubber logs, burnt with cigarettes, tortured with electrified cables, and needles were inserted under his nails. Ineffective investigation by the authorities. Violation of the right to […]

Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the Convention

Article 2
28/09/2018 11:14

JUDGMENT Saidani v. Germany 27.09.2018 (no. 17675/18) see here SUMMARY The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. The Court found that there was a real risk that […]

Öcalan and Turkish prisons. An unexpected outcome

Article 2
27/09/2018 12:16

JUDGMENT Öcalan v. Turkey 27.09.2018 (no. 12261/10) see here SUMMARY The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation). As regards the allegations of […]

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