Article 5 Archives - ECHRCaseLaw

Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

Article 13
June 20, 2020 8:06 am

JUDGMENT Kaman v, Turkey 04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

The repatriation of a foreigner who did not substantiate his allegations did not violate the ECHR. Violation due to insufficient research and no granting of an interpreter.

Article 3
June 18, 2020 6:52 am

JUDGMENT M.S v. Slovenia and Ukraine 11.06.2020 (no. 17189/11) see here SUMMARY Asylum applicant, rights of legal representation in a language understood by the applicant, procedural obligations of the State. The applicant, passing through Ukraine illegally, was arrested at the Slovak border. Return to Ukraine as the head of the first host country, where he […]

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

Article 3
March 17, 2020 6:48 pm

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 […]

Coup in Turkey. Temporary detention of Judge as suspected terrorist member violated ECHR

Article 5
March 8, 2020 3:04 pm

JUDGMENT Baş v. Turkey 03.03.2020 (no. 66448/17) see here SUMMARY The case concerned the pre-trial detention of Mr Baş, a judge at the time, following the attempted coup of 15 July 2016. The Court found that according to the case-law of the Court of Cassation, a suspicion of membership of a criminal organisation could be […]

Jehovah’s Witnesses are entitled to preach their religion and distribute their books. Illegal detention

Article 5
February 29, 2020 5:46 pm

JUDGMENT Nasirov and others v, Azerbaijan 20.02.2020 (no. 58717/10) see here SUMMARY The applicants are nationals of Azerbaijan and Jehovah’s Witnesses. All the applicants were transferred to police stations after attempting to preach door to door on their religion, and were held administratively without official registration for at least 3 hours because of distributing religious […]

Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

article 18
February 28, 2020 9:29 pm

JUDGMENT Khadija Ismayilova v. Azerbaijan 25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

Article 3
January 31, 2020 7:34 pm

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.

Article 5
January 11, 2020 6:31 pm

JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]

Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation. Violation of the ECHR

Article 5
January 7, 2020 8:59 am

JUDGMENT Venet v. Belgium 22.10.2019 (no. 27703/16) see here SUMMARY The case concerned proceedings in which Mr Venet unsuccessfully challenged his pre-trial detention. He complained that he had been unable to attend the Court of Cassation’s hearing on his appeal against his pre-trial detention or to respond to the submissions of the advocate-general, as he […]

Ongoing detention of human rights defender violates the ECHR

article 18
December 12, 2019 9:18 pm

JUDGMENT Kavala v. Turkey 10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

Article 5