Article 3

The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates

JUDGMENT GRAND CHAMBER M.N. and others v. Belgium 05.05.2020 (no. 3599/18) see here SUMMARY The case concerned a couple of Syrian nationals and their two children, who were refused the shortterm visas that they had requested from the Belgian Embassy in Beirut with a view to applying for asylum in Belgium. The applicants claimed that […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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Whipping as a form of punishment is abolished in Saudi Arabia!

Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]

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Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

JUDGMENT Murdalovy v. Russia  31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

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Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case  concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]

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The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY  Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

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Asylum request for members of a religious community. Rejection due to an unproven risk of inhumane or degrading treatment

JUDGMENT A.S.N. and others v. The Netherlands 25.2.2020 (no.  68377/17 and 530/18) see here  SUMMARY The applicants in both applications are families with minor children, originally from Afghanistan and belonging to the religious community of Sikhs. Citing fears of persecution because of their religious beliefs, they fled to the Netherlands where they sought asylum. Their […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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