Article 5

απέλαση

Failure to disclose real nationality while awaiting deportation. Abusive litigation.

JUDGMENT  Bencheref v. Sweden 11.01.2018 (no. 9602/15) see here   SUMMARY Application for asylum and residence permit. Arrested for serious accusations (attempted rape, etc.), he was found guilty and his deportation was decided. Failure to disclose real citizenship (initially he said he was Moroccan and then declared Algerian), delays deportation procedures. Rejection of an appeal […]

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κράτηση

The refusal to give a prisoner the Prosecutor’s proposal for his temporary detention violates Article 5 (4) of the ECHR

JUDGMENT  Adem Serkan Gündoğdu v. Turkey 16.01.2018 (no. 67696/11) see here SUMMARY  Long duration of temporary detention and lack of effective appeal for detention. Claiming that the appeal and the review of the detention order were ineffective because no hearing was held and no copy of the Prosecutor’s Proposal was received. Breach of Article 5 […]

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δικαίωμα στη ζωή

The mysterious death of a witness after his examination in a police station. Multiple violations

JUDGMENT  Khayrullina v. Russia19.12.2017 (no. 29729/09) see here   SUMMARY  A wife complains that her husband was mistreated by the police when she was screened as a witness to a homicide investigation, resulting in his death three months later. Torture during police detention. Ineffective investigation and no compensation. Violation of the right to life, ineffective research, […]

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αστυνομική βία

Police violence and ineffective investigation violate Article 3 of the ECHR

JUDGMENT  Ksenz and others v. Russia 12.12.2017 (no. 45044/06, 18796/08, 49158/09, 63839/09, 34455/10 and 36295/10) see here   SUMMARY  Bad phraseology against police and violation of the high way code. Kicking and hitting the wall on behalf of the police. An ineffective investigation of the applicants’ allegations and the arrest of some of them for criminal offenses. […]

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κράτηση

Requests of detainees to be released should be dealt with in a short time. Examination of a two-month request violates the requirement for a quick hearing.

JUDGMENT  Stergiopoulos v. Greece  7.11.2017 (no. 29049/12) see here   SUMMARY  Temporary detention order and excessive length of time to examine its legality. Infringement of the right to personal liberty and security in relation to the failure to examine the appeal for the lifting of the provisional detention in a ‘short term’ period. PROVISION  Artcile 5 […]

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κράτηση

The former Prime Minister of Georgia and the (rare) implementation of Article 18 of the ECHR. His temporary detention was used for a purpose other than that established.

JUDGMENT Merabishvili v. Georgia 28.11.2017 (no.72508/13) see here   SUMMARY  The applicant is one of the leaders of the former ruling party, the United Nations Movement (UNM), who for several months served as Georgia’s Prime Minister for a few months, and shortly afterwards he was on the opposition side. He was arrested after being prosecuted […]

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