Article 5

υπερασπιστές ανθρωπίνων δικαιωμάτων

Lawyers and human rights defenders under the protection of the ECHR

JUDGMENT Aliyev v. Azerbaijan 20.09.2018  (no. 68762/14 and 71200/14) see here SUMMARY Lawyers-human rights defenders. An lawyer is arrested and detained for financial irregularities by the legal organization he was the chairman. Infringement of the right to liberty and security as he was deprived of his liberty without valid indications of guilt and the domestic […]

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Legitimate hospitalization in a psychiatric hospital without the will of the patient

JUDGMENT  Guelfucci v. France  26.07.2018 (no. 31038/12) see here   SUMMARY  The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

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Russia committed multiple violations of the European Convention owing to Pussy Riot punk band convictions and imprisonment

JUDGMENT  Mariya Alekhina and othersv. Russia 17.07.2018  (no. 38004/12) see here SUMMARY The case Mariya Alekhina and Others v. Russia (application no. 38004/12) concerned the conviction and imprisonment of three members of the Pussy Riot punk band for attempting to perform one of their protest songs in a Moscow cathedral in 2012. The courts ruled […]

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Detention for rape and sexual abuse of a minor. No immediate examination before a judge after his arrest and failure to examine promptly the replacement of the provisional detention

JUDGMENT Krassas v. Greece 28.6.2018 (no. 45957/11) see here   SUMMARY  Arrest a father after a complaint about rape and sexual abuse of his minor daughter. The applicant complained that he had not been brought before a judge immediately and that his request for release on bail had not been dealt with ‘within a short time’. […]

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Psychiatric evaluation and confinement in a psychiatric hospital without consent.

JUDGMENT  D.R. v. Lithuania 26.06.2018 (no.  691/15) see here   SUMMARY  Complaint for referral to psychiatric assessment and imprisonment in a psychiatric hospital unintentionally. Ignorance of reasons that led to an assessment of the mental state and illegal hospitalization because the domestic courts did not examine in person. Infringement of Article 5 § 1 (Freedom and […]

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Detention pending deportation to a police station

JUDGMENT  S.Z. v. Greece 21.06.2018 (no. 66702/13) see here   SUMMARY  Temporary detention at a police station pending expulsion. Violation of Article 3 for degrading treatment of prison conditions in the police station, Article 5 § 1 (f) (right to liberty and security) because detention was arbitrary and Article 5 § 4 due to lack of […]

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Investigation of a paedophile ring: violation of the right to liberty and security of a former MP held in pre-trial detention

JUDGMENT  Fernandes Pedroso v. Portugal 12.6.2018 (no. 59133/11)  see here SUMMARY The case concerned a criminal investigation into a paedophile ring, and in particular the pre-trial detention of a former Socialist Party MP, Mr Fernandes Pedroso, who had been suspected of having had sexual relations with minors accommodated by the Casa Pia institution, a public […]

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Illegal detention without prior information and deportation of asylum seekers

JUDGMENT  Amerkhanov v. Turkey 5.6.2018 (no. 16026/12) Batyrkhairov v. Turkey 5.6.2018 (no. 69929/12) SUMMARY  Detention of asylum seekers without informing them for the exact reasons. Inappropriate detention conditions. Illegal deportation without a request for asylum and a risk of torture. Violation of Article 3 (prohibition of inhuman treatment) due to detention conditions and Article 5 § […]

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