Article 3 Archives

A Ukrainian was sentenced in Hungary to life imprisonment with the possibility of parole. Ukraine, where he is serving his sentence, did not recognize the pending dismissal! Inhuman treatment and violation of Article 7

Article 3
28/11/2022 07:27

JUDGMENT Kupinskyy v. Hungary 10.11.2022 (app. no. 5084/18) see here SUMMARY Sentenced to life imprisonment with the possibility of parole. In the country where the annuities are established, conditional dismissal is not provided for. Imposition of a more severe penalty. Deprivation of the possibility of parole for life. Inhuman and degrading treatment. Violation of Article 7 […]

Forced abortions without the consent of mentally disabled applicants and ineffective investigation by national authorities constitute inhuman and degrading treatment

Article 3
22/11/2022 18:23

JUDGMENT G.Μ. and others v. Republic of Moldova 22.11.2022 (app. no. 44394/15) see here SUMMARY The case concerned the imposition of abortions and birth-control measures on three intellectually disabled women, residents in a neuropsychiatric asylum, after they had been repeatedly raped by one of the head doctors there, and the investigation into their complaints. The […]

The authorities’ failure to monitor the conditions of the upbringing of a minor by a foster family. The statute of limitation of the claim starts from receipt of proof of damage. Sexual abuse of a minor

Article 3
07/11/2022 07:52

JUDGMENT Loste v. France 03.11.2022 (app. no. 59227/12) see here SUMMARY Authorities liability in case of fostering a minor. The case concerned an applicant who complained of failings by the child welfare service (ASE) regarding the follow-up of her placement with a foster family at the age of five. In support of her application she […]

Applicant’s risk of ill-treatment if extradited to China. The length of his detention pending extradition violated the right to personal liberty and security

Article 3
07/10/2022 08:18

JUDGMENT Liu v. Poland 06.10.2022 (app. no. 37610/18) see here SUMMARY The case concerned the extradition proceedings brought against the applicant, on conclusion of which (in 2020) the Polish courts had authorised his handover to the authorities of the People’s Republic of China. He was wanted for trial there in connection with a vast international […]

Incomplete investigation into inmate injury. Violation of the procedural part of Article 3 of the ECHR

Article 3
26/09/2022 08:08

JUDGMENT PERKOV v. Croatia 20.09.2022 ( app. no. 33754/16). see here SUMMARY Investigation of possible abuse. ECtHR’s requirement of a level of proof “beyond reasonable doubt”. The applicant complained that he was ill-treated by prison guards in the prison where he was held. Specifically, that they slapped him, threw him on the floor and kicked […]

Sterilization of a woman due to uterine rupture without her express and informed consent! Discovery of sterilization two years later! Violation of the respect for privacy

Article 3
21/09/2022 17:20

JUDGMENT Υ.P. v. Russia 20.09.2022 (app. no. 43399/13) see here SUMMARY Sterilization of the applicant without her consent or information due to uterine rupture. Respect for privacy. The applicant, who was pregnant in August 2008, underwent an emergency caesarean section in a public hospital. During the operation, the doctors detected a rupture of the uterus. […]

The authorities’ failure to investigate rape victim’s allegation of death threats by her rapist father. Conviction for inhuman and degrading treatment

Article 14
09/09/2022 06:58

JUDGMENT J.I. v. Croatia 08.09.2022 (app. no. 35898/16) see here SUMMARY The case concerned a rape victim’s complaint that the authorities had not taken seriously her allegation that her rapist – her father – had threatened to kill her during prison leave. The European Court of Human Rights held that there had been a violation […]

Deportation of an imam for threatening public order! Rejection of application for interim measures

Article 10
29/08/2022 18:48

JUDGMENT Iquioussen v. France 04.08.2022 (app. no. 37550/22) SUMMARY Applicant Iquioussen is an imam and lives in France. He has a ten-year residence permit and a family (husband and son). He was ordered deported to Morocco, his country of origin, on the grounds that he posed a serious threat to public order and that this […]

Confinement of a family of asylum seekers in a container in a transit zone. Poor housing conditions. Conviction for degrading treatment and deprivation of personal liberty

Article 3
26/08/2022 16:22

JUDGMENT W.O. and others v. Hungary 25.08.2022 (app. no. 36896/18) see here SUMMARY The applicants submitted asylum applications on arrival in the transit zone. The asylum procedure was suspended due to the attempted forced return of the applicants to Bulgaria. On 13 August 2018 the Immigration and Asylum Service rejected the applications and ordered their […]

Forced return of a Syrian despite the risk of persecution he faced in his country due to the civil war. Multiple violations of the ECHR

Article 3
18/08/2022 08:40

JUDGMENT Akkad v. Turkey 21.06.2022 (app. no. 1557/19) see here SUMMARY The applicant is a Syrian citizen who left his country due to the civil war. He had been granted subsidiary protection status. In his attempt to enter Greece through the Greek-Turkish border, he was arrested by Turkish officers. He was illegally detained for 2 […]

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