Article 5

Accidental imprisonment in a psychiatric hospital constitutes an improper detention of the convict

JUDGMENT V.Κ. v. Russia 04-04-2017 (no. 9139/08) see here SUMMARY Right to liberty and security. Unlawful detention. Accidental confinement in a psychiatric hospital. The inadvertent placement of the applicant in a psychiatric hospital which diagnosed his mental disorder and submitted a request for a judicial decision to involuntarily imprison him in a psychiatric clinic, coupled […]

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The request of the parents for their children to learn Kurdish in public schools, criminalizing actions not embodied in domestic law and the freedom of expression

JUDGMENT Döner  and Others v. Turkey (no. 29994/02) 07-03-2017 see here  SUMMARY  Teaching Kurds in public schools. Legality of detention. Freedom of expression. The applicants lived in Constantinople and sent their children to public primary schools. The case concerned the criminal prosecution against them for assisting and instigating the Kurdistan Workers’ Party (PKK), since the […]

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Denial of access to remedy is a blow to the ECHR

JUDGMENT I.P. v. Bulgaria (no. 72936/14) 19.01.2017 see here SUMMARY Access to a court for reconsideration of detention. The case concerned the placement of a minor in a short-stay institution for young people following a public prosecutor’s order. Referring to Article 5 § 4 (right to a speedy decision on the lawfulness of detention), the […]

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Terrorism cases fall into a special category in the ECtHR list

JUDGMENT: Sher and other v. United Kingdom 20.10.2015 (no. 5201/11) see here SUMMARY: The case concerned the arrest and detention of three Pakistani nationals, the applicants, in the context of a counter terrorism operation. The applicants were detained for 13 days, before ultimately being released without charge. During that period they were brought twice before […]

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Poland must take legislative measures to stop the practice of detaining juveniles subject to correctional proceedings without a specific judicial decision

JUDGMENT Grabowski v. Poland 30.06.2015 (no. 57722/12) see here SUMMARY: The applicant, Mr Grabowski, 17 years old at the time, complained that his placement in a shelter for juveniles had been extended for a period of five months without a specific court order, pending a decision in correctional proceedings against him. The Court found in […]

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ECHR and conditions of release with warranty

JUDGMENT Magee and others v. the United Kingdom 12/05/2015 (no. 26289/12, 29062/12, 29891/12) see here   SUMMARY: Conditional release on bail (Article 5 § 3 ECHR). The Court ruled that the accused was still in the “early stages” of deprivation of liberty during the 12-day period (first part), so that the examination of the released prison […]

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