Article 5

Detention of minor asylum seekers after declaring that they were minors. Violation of personal liberty

JUDGMENT M.H. and S.B v. Hungary 22.02.2024 (app. no. 10940/17 and 15977/17) see here SUMMARY The applicants entered Austria and applied for asylum. They were detained for 3 months despite being minors. The applicants’ initial statements that they were adults could not justify the rejection of their claim that they were minors without taking appropriate […]

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Detention of a psychiatric patient in inappropriate conditions. Degrading treatment, and violation of personal freedom

JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY  The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Police restraint of demonstrators violated their right to freedom of movement, expression and assembly

JUDGMENT Auray and others v. France  08.02.2024 (app. no. 1162/22) see here SUMMARY The case concerned the applicants’ containment for several hours on Place Bellecour in Lyons on 21 October 2010, during a demonstration against a pension reform bill. Having noted that the reason for cordoning off Place Bellecour had been to separate and contain […]

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Inappropriate treatment during the detention of a mentally ill person in a prison psychiatric hospital. Violation of Articles 3 and 5 of the ECHR

JUDGMENT Miranda Magro v. Portugal 09.01.2023 (app. no. 30138/21) see here SUMMARY The case concerned Mr Miranda Magro’s preventative detention, which had been ordered by the courts following a finding in 2019 that he was not criminally responsible for a number of alleged offences owing to his mental disorder (having been diagnosed with paranoid schizophrenia […]

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Illegal arrest, detention and conviction of two men on charges of espionage. Violation of personal liberty and due process

JUDGMENT O.J. and J.O. v. Georgia and Russia 19.12.2023 (app. no. 42126/15 and 42127/15) see here SUMMARY Arrest, detention and conviction of two men on charges of espionage in the Autonomous Republic of Abkhazia – the region of Georgia currently outside the de facto control of the Georgian government. The Court found that while Georgia […]

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The applicant’s reference in a judgment condemning a former Minister, for money laundering from criminal activity, without mentioning that his guilt is not determined! Violation of presumption of innocence

JUDGMENT Beltsios v. Greece 28.11.2023 (app. no. 57333/14) see here SUMMARY Violation of the presumption of innocence under Article 6 § 2 of the ECHR and failure to decide “immediately” on the applicant’s application for release from prison under Article 5 § 4 of the ECHR. In the years 2000 and 2002, contracts were signed […]

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Deprivation of freedom of asylum seekers, inhuman conditions of detention and lack of information about their rights. Violation of Articles 3 and 5 of the ECHR

JUDGMENT A.E. and T.B. v. Italy 16.11.2023 (app. no. 18911/17, 18941/17 and 18959/17) and W.A. and others v. Italy (app. no. 18787/17) see here SUMMARY All the applicants (nine in total) arrived in Italy in the summer of 2016. According to the applicants in the first case, on 17 and 19 August 2016 they were […]

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Insufficient justification for the imposition of pre-trial detention by national courts. Violation of personal freedom

JUDGMENT Hysa v. Albania  21.02.2023(app. no. 52048/16) see here SUMMARY The applicant was remanded in custody on the charge of having committed the offense of abuse of power while acting as director of the Tirana Inspection Department of the Regional Tax Directorate. She unsuccessfully challenged her temporary detention before the national courts. He was eventually […]

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φυλακές

Non-response to complaints concerning preventive measures procedures against an arrested person. Violation of Article 5 of the ECHR

JUDGMENT Trofymenko v. Ukraine 04.05.2023 (app. no. 18444/18) see here SUMMARY Appellant’s arrest without prior court order. Appeal under Article 5 § 1 of the ECHR for his illegal arrest and that his complaints about the illegal arrest had not been properly examined and he had no enforceable right to compensation for the above complaints. […]

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