Article 5

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

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 […]

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

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 […]

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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..

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 […]

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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.

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 […]

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φυλακές

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

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 […]

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Ongoing detention of human rights defender violates the ECHR

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 […]

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φυλακές

The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.

JUDGMENT I.L. v. Switzerland 3.12.2019  (no.  72939/16) see here   SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]

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The arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY  Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

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The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

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ECHRCaseLaw

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