Article 5

The arrest and temporary detention of a well-known journalist in Turkey, due to her articles, without reasonable evidence of guilt violated the right to freedom and freedom of expression.

JUDGMENT Ilıcak v. Turkey 14.12.2021 (no. 2) (app. no. 1210/17) see here SUMMARY The case concerned the arrest and pre-trial detention of Nazlı Ilıcak following the attempted coup of 15 July 2016 in Turkey. Ms Ilıcak is a famous journalist who is known for her critical views on the policies of the current government. The […]

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Extended pre trial detention for up to 4 years without sufficient justification or consideration of alternative restrictive conditions. Violation of the right to personal liberty

JUDGMENT Kovrov and others v. Russia 16.11.2021 (app. no. 42296/09, 71805/11, 75089/13, 1327/16, and 14206/16). see here SUMMARY Automatic extension of temporary detention. Failure to consider the possibility of alternative restrictive terms. Insufficient reasoning. The applicants were arrested on suspicion of various offenses such as fraud and fatal bodily harm and were remanded in custody […]

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Torture with incandescent metals and injections of drugs, against an Armenian during his captivity in Azerbaijan. Multiple violations of the ECHR

JUDGMENT Khojoyan and Vardazaryan v, Azerbaijan 04.11.2021 (app. no. 62161/14) see here SUMMARY Right to life. Prohibition of torture. Right to freedom and security. The applicants alleged that their father, an Armenian elderly man accused of being part of an armed group, was tortured during his captivity in Azerbaijan, with beatings including beatings, burning with […]

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Preventive detention of a mentally disturbed patient while he had already served a 20-year prison sentence. Multiple violations of the ECHR

JUDGMENT W.A. v. Switzerland 02.11.2021 (app. no. 38958/16) see here SUMMARY The case concerned the ordering of preventive detention in respect of W.A. – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The Court found in essence that by this detention, ordered in a reopening […]

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Involuntary hospitalization and compulsory medication for psychiatric patients without a recent medical evaluation! Violation of personal freedom and privacy

JUDGMENT R.D. and I.M.D. v. Romania 12.10.2021 (app. no. 35402/14) see here SUMMARY The case concerned the applicants’ non-voluntary confinement in a psychiatric hospital for the purpose of compelling them to undergo medical treatment, and the obligation to follow that treatment. The Court noted that the relevant psychiatric forensic medical reports in respect of the […]

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Detention of a suspect for 1.5 hours despite the revocation of the arrest warrant. Violation of the right to personal liberty

JUDGMENT Kerem Çiftçi v. Turkey  21.09.2021 (app. no. 35205/09) see here SUMMARY Temporary detention, conditions of legality, right to compensation for unlawful deprivation of liberty. The applicant was suspected of serious charges of involvement in a terrorist organization, assault on security forces with stones and Molotov cocktails and damage to foreign property. An arrest warrant […]

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Pre trial detention for using a messaging application during the coup in Turkey, without evidence! Violation of personal freedom

JUDGMENT Akgün v. Turkey 20.07.2021 (app. no. 19699/18) see here SUMMARY The case concerned the applicant’s placement in pre-trial detention on suspicion of being a member of an organisation referred to by the Turkish authorities as “FETÖ/PDY” (“Gülenist Terrorist Organisation/parallel State structure”). The Court considered that when ordering the applicant’s pre-trial detention on 17 October […]

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Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no.  57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

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Lack of state explanation that the applicant’s serious mental damage was not due to degrading conditions of detention at the border for 22 months! Violations of the ECHR

JUDGMENT Badalyan v. Azerbaijan 22.07.2021 (app. no. 51295/11) see here SUMMARY Humiliating treatment of the applicant by the Azerbaijani forces who arrested him near the border between Armenia and Azerbaijan and held him captive for 22 months. The applicant alleged that this had left him with serious mental health problems. In the light of the […]

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