Article 5

Identity check used as pretext to prevent applicants from attending demonstration: violation of the Convention

JUDGMENT Alıcı and others v. Turkey 24.05.2022 (app. no. 70098/12) see here SUMMARY The case  concerned applicants who were arrested while travelling by bus from Adana to Ankara to take part in a demonstration and who incurred an administrative fine for withholding their identities from the police who stopped their bus. The Court found that […]

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Multiple violations of the ECHR due to the detention and deportation of Afghan asylum seekers but also due to the death of a minor from a passing train!

JUDGMENT M.H. and others v. Croatia 18.11.2021 (app. no. 15670/18 and 43115/18) see here SUMMARY The case concerned the death of a six-year-old Afghan child, MAD.H., who was hit by a train after allegedly having been denied the opportunity to seek asylum by the Croatian authorities and ordered to return to Serbia via the tracks. […]

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Prolongation of confinement in psychiatric institution not based on objective and recent medical expert opinion

JUDGMENT Miklić v. Croatia 07.03.2022 (app. no.  41023/19)  see here SUMMARY The case concerned Mr Miklić’s placement in a psychiatric institution after his conviction on charges of intrusive and threatening behaviour committed as a minor and while lacking mental capacity. The Court considered that the prolongation of Mr Miklić’s confinement had been decided in a […]

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Deportation of Turkish nationals from Azerbaijan. They were extrajudicially deported. Violation of their personal freedom and degrading treatment

JUDGMENT Shenturk and others v. Azerbaijan 10.03.2022 (app. no. 41326/17) see here SUMMARY The case concerned the arrest, detention and expulsion of the applicants from Azerbaijan to Turkey. All four had worked in Azerbaijan as teachers in private schools associated with the Gülen movement. The Court found in particular that the removal of the applicants […]

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Temporary detention of a former Minister without serious evidence of his guilt. Inadequate medical care. Multiple violations of the ECHR

JUDGMENT Shirkhanyan v. Armenia 22.02.2022 (app. no. 54547/16) see here SUMMARY Pretrial detention. Detention conditions, inhuman and degrading treatment. Effective remedy for reporting violations. The applicant, a former Minister of Defense of the Armenian Government, was remanded in custody for approximately two years on charges of leadership and involvement in a terrorist organization. He suffered […]

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Detention of the wanted defendant for 18 months until his extradition. Excessive pretrial detention. State obligation in special diligence and fast examination

JUDGMENT Komissarov v. Czech Republic 03.02.2022  (app. no. 20611/17) see here SUMMARY Temporary detention of an accused upon request for extradition to the country where the crime was committed. Guarantees against arbitrariness during booking. Personal freedom. The applicant was remanded in custody from May 2016 until November 2017, when he was extradited to the country […]

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The hearing of the detainee on issues related to his temporary detention is one of his fundamental right, as is the notification of the prosecutor’s proposal! Conviction for violation of personal liberty

JUDGMENT Kocamış and Kurt v. Turkey  25.01.2022 (app. no.  227/13) see here SUMMARY Procedural guarantees for the imposition of temporary detention. Inability of a detainee to appear in person in court to challenge it and not to notify him of a prosecutor’s proposal. Right to personal freedom. The applicants were remanded in custody for two […]

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Patient with bipolar disorder was kept in prisons instead of a psychiatric hospital! Violation of a number of ECHR provisions

JUDGMENT  Sy v. Italy 24.01.2022 (app. no. 11791/20) see here SUMMARY The case concerned the fact that the applicant, who suffered from a personality disorder and bipolar disorder, had remained in detention in an ordinary prison despite domestic court decisions stating that his mental health was incompatible with such detention and ordering his transfer to […]

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Guarantee of 495,000 euros! Disproportionate amount of guarantee without sufficient justification. Violation of article 5 § 3 of the ECHR

JUDGMENT Istomina v. Ukraine  13.01.2022 (app. no. 23312/15) see here SUMMARY Warranty. Too disproportionate amount of guarantee. Insufficient reason for imposing a precautionary measure. The applicant was prosecuted for tax evasion, participation in a fictitious enterprise and forgery of documents through fictitious companies which she founded and managed. As head of this group of companies, […]

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Illegal arrest and detention of court officials in Turkey! Unjustified extension of the concept of in flagrante delicto

JUDGMENT Turan and others v. Turkey 23.11.2021 (app. no. 75805/16 and 426 more applications) see here SUMMARY Arrest and temporary detention of court officials without legal process. Temporary detention of judges suspected of participating in an illegal organization following a coup attempt, based on an unjustified extension of the concept of self-inflicted crime (in flagrante […]

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