Article 3

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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Unwarranted and unannounced use of pepper spray by prison guards on a prisoner! Conviction for inhuman and degrading treatment

JUDGMENT El–Asmar v. Denmark  03.10.2023 (app. no. 27753/19) see here SUMMARY The applicant had a violent past, which included robberies, violence and threats. On March 24, 2017, he was arrested, charged with violating the Arms and Explosives Act and held in a local jail. On 6 April 2017, through his lawyer, the applicant complained to […]

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Double denial of an asylum application to a foreigner and his deportation. Allegations of his imminent murder are not credible. No violation of the ECHR was found

JUDGMENT Α.Α. v. Sweden 13.07.2023  (app. no. 4677/20) see here SUMMARY The case concerned the refusal of the applicant’s 2015 asylum claim and the order to deport him to Libya. The Court concluded that the applicant’s removal would not be in violation of either Article 2 (right to life) and/or Article 3 (prohibition of inhuman […]

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Extradition of alien from Sweden to USA due to multiple offenses. No finding of inhuman or degrading treatment

JUDGMENT Bijan Balahan v. Sweden 29.06.2023 (app. no. 9839/22) see here SUMMARY The case concerned the authorities’ decision to extradite Mr Bijan Balahan from Sweden to the US. He is wanted in California on suspicion of aggravated mayhem, torture, inducing false testimony, dissuading a witness after a prior conviction, and grand theft, all allegedly committed […]

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The state’s failure to prosecute for domestic violence against a minor by her partner. Conviction for degrading treatment

JUDGMENT A.E. v. Bulgaria 23.05.2023 (app.  no. 53891/20) see here SUMMARY  The case concerned complaints brought to prosecutors in Bulgaria that Ms A.E., then aged just 15, had been a victim of domestic abuse, including being beaten, kicked and strangled, by the 23-yearold man with whom she was living. The Court found in particular that […]

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Prison staff tolerance of informal hierarchy among prisoners. Intimidation and violence against those lower in the hierarchy! Inhuman and degrading treatment

JUDGMENT S.P. and others v. Russia 02.05.2023 (app. no. 36463/11 and 10 others) see here SUMMARY The case concerned the treatment of the applicants when serving sentences in penal institutions in various parts of Russia. Within an informal prisoner hierarchy, they had been categorised as “outcasts”. The Court found in particular that the existence of […]

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Administrative detention of a member of a terrorist organization, for reasons of public order and security. Non-violation of the ECHR

JUDGMENT N.M. v. Belgium,  18.04.2023 (app. no. 43966/19). see here SUMMARY The case concerned the detention of an Algerian national for 31 months in a closed centre for aliens pending his removal from Belgium on grounds of a risk to public order and national security, the review of the lawfulness of that measure, and the […]

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Detainee’s ill-treatment by law‑enforcement officers. Ineffective investigation. Conviction for inhuman and degrading treatment

JUDGMENT ABISHOV v. AZERBAIJAN 23.03.2023 (app. no. 46419/16) see here SUMMARY Applicant’s alleged ill-treatment by law‑enforcement officers during his arrest and later while in police custody and the lack of an effective investigation in that respect. On 23 October 2015 the applicant had been in a café with an acquaintance, when plain-clothed police officers had […]

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Applicant’s alleged ill-treatment by the police, while under the influence of alcohol. Conviction for degrading treatment!

JUDGMENT BABIĆ v. CROATIA 07.03.2023 (app. no. 45391/16) see here SUMMARY Applicant’s arrest for insulting police officers while under the influence of alcohol. The applicant submitted that he had been punched and kicked by the police officers in the van during the journey to the police station, although he admitted that he had been drunk […]

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