Article 5

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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In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here   SUMMARY  Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

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φυλακές

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

JUDGMENT  Tim Henrik Bruun Hansen v. Denmark  09.07.2019 (no. 51072/15) see here   SUMMARY  Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

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Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

JUDGMENT  Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here  SUMMARY  Extradition of  five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

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Inadmissibility appications before the ECtHR if similar allegations have been lodged before other jurisdictions, such as the Working Group on Arbitrary Detention of the United Nations Human Rights Council.

JUDGMENT  Doğan and Çakmak v. Turkey 06.06.2019 (no. 28484/10 and 58223/10) see here SUMMARY  Inadmissible applications  because the applicants had already filed a similar complaint before  another jurisdiction. Attempt of a military coup in Turkey. The Court found that the actions brought by the applicants were essentially the same as the petitions submitted to the […]

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The Greek adventure of minor refugees. Degrading conditions of detention in police stations

JUDGMENT  Sh.D and  Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia (no. 14165/16) see here SUMMARY Detention conditions for minors and degrading treatment. Detention conditions in Greece, five unaccompanied minors from Afghanistan. With regard to the complaints against Greece under Articles 3 and 5 § 1 of the ECHR, the Court considered […]

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