Article 3 Archives

Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

Article 3
06/08/2021 12:45

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no. 57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

Lack of state explanation that the applicant’s serious mental damage was not due to degrading conditions of detention at the border for 22 months! Violations of the ECHR

Article 3
29/07/2021 18:09

JUDGMENT Badalyan v. Azerbaijan 22.07.2021 (app. no. 51295/11) see here SUMMARY Humiliating treatment of the applicant by the Azerbaijani forces who arrested him near the border between Armenia and Azerbaijan and held him captive for 22 months. The applicant alleged that this had left him with serious mental health problems. In the light of the […]

Detention conditions in Romanian prisons. Review of conditions after the 2017 pilot decision

Article 3
24/07/2021 11:24

JUDGMENT Polgar v. Romania 20.07.2021 (app. no. 39412/19) see here SUMMARY Conditions of detention in Romanian prisons and the effectiveness of national remedies, in particular for tort. In 2017 the Court had issued the pilot decision Rezmiveș et al. Romania, which was found to have a structural problem in that country. In this decision, he […]

Deportation of Turkish journalist in Turkey without considering asylum application and risk of ill-treatment violates Convention

Article 3
23/07/2021 19:38

JUDGMENT D. v. Bulgaria 20.07.2021 (app. no. 29447/17) see here SUMMARY Political persecution of a Turkish journalist and his immediate deportation, without giving him the opportunity to seek asylum. Arrest of a Turkish journalist on the border between Bulgaria and Romania, who claimed that he was trying to escape the risk of political persecution in […]

Ill-treatment of Avars by Chechens who were abducted, illegally detained, beaten and some of them disappeared. Violation of important rights of the ECHR

1st P - Article 1
28/06/2021 19:08

JUDGMENT Adzhigitova and others v. Russia 22.06.2021 (app. no. 40165/07 and 2593/08) see here SUMMARY In retaliation for an investigated violent incident, Chechen soldiers stormed Avar homes, abducted many of them, took them to public places, and mistreated them. Some of them disappeared after the end of the operation. The Court found that racial prejudice […]

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

Article 3
27/06/2021 18:11

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

The sentence of life imprisonment under the “microscope” of the ECHR

Article 3
27/06/2021 17:44

GRAND CHAMBER JUDGMENT Hutchinson v. United Kingdom 17.01.2017 (app. no. 57592/08) see here SUMMARY The case concerned the complaint of a man serving a whole life sentence for murder that his sentence amounted to inhuman and degrading treatment as he had no hope of release. In a previous judgment, in the case of Vinter and […]

The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

Article 3
25/06/2021 18:15

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

Extradition of a seriously ill person without a health risk assessment would lead to a real risk of inhuman or degrading treatment

Article 2
24/06/2021 18:44

JUDGMENT Khachaturov v. Armenia 24.6.21 (no. 59687/17) see here SUMMARY Extradition and prohibition of inhuman or degrading treatment. Domestic decision of extradition of the applicant, who has serious health problems due to stroke, from Armenia to Russia. Inability to travel, even under medical supervision, due to his serious health condition. The ECtHR emphasized the importance […]

Excessive use of physical force by police during the search of suspects’ homes. Insulting the dignity of the suspects, but not of their family members

Article 13
09/06/2021 20:24

JUDGMENT Ilievi and Ganchevi v. Bulgaria 8.6.2021 (no. 69154/11 and 69163/11) see here SUMMARY Home research, excessive use of police force and respect for human dignity. Armed police officers with hoods entered the applicants houses, very early in the morning and without any prior notice of the two applicants, who were suspected of financial crimes. […]

Article 3