Article 5

φυλακές

Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

JUDGMENT Porchet v. Switzerland  7.11.2019 (no.  36391/16) see here SUMMARY  The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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δικηγόρος

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

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The domestic remedies available to detained migrants in emergency reception centers in Greece were neither accessible nor sufficient.

JUDGMENT Kaak and others v. Greece 3/10/2019 (no. 34215/16) see here SUMMARY The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be […]

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Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is  in economic  […]

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φυλακές

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here  SUMMARY  The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

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φυλακές

Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

JUDGMENT Magnitskiyiy and others v. Russia  27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY  Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

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φυλακές

Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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ECHRCaseLaw

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