Article 5 Archives

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

Article 3
29/07/2021 18:09

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 […]

Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

Article 5
30/06/2021 18:35

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

Pre trial detention of two journalists for publishing e-mails from a Minister that had already been leaked to Wikileaks. Violation of freedom of expression and personal freedom

Article 10
07/06/2021 19:01

JUDGMENT Öğreten and Kanaat v. Turkey 18.05.2021 (app. no. 42201/17 and 42212/17) see here SUMMARY The case concerned the detention (from December 2016 to December 2017) of two journalists for membership of terrorist organisations. Both journalists had published, in the press entities in which they worked, emails from the account of the then Turkish Energy […]

Mentally ill under compulsory confinement due to theft. The continuation of the measure, despite the adoption of a more favorable law, was legal due to the lack of improvement in their mental health

Article 5
04/06/2021 19:44

JUDGMENT Denis and Irvine v. Belgium 01.06.2021 (app. no. 62819/17 and 63921/17) see here SUMMARY The case concerned two applicants who had been placed in compulsory confinement on the basis of the Social Protection Act of 9 April 1930 after having committed acts classified as theft (Mr Denis, in 2007) and attempted theft (Mr Irvine, […]

The lockdown ordered by the authorities to tackle the COVID-19 pandemic not to be equated with house arrest

Article 5
20/05/2021 18:42

JUDGMENT Terhe v. Romania 20.5.2021 (app. no. 49933/20) see here SUMMARY The case concerned the lockdown which was ordered by the Romanian government from 24 March to 14 May 2020 to tackle the COVID-19 pandemic and which entailed restrictions on leaving one’s home. The Court held that the measure complained of could not be equated […]

Decisions on pre-trial detention and on its extension must have adequate reasons. Conviction for violation of personal freedom

Article 5
03/05/2021 10:23

JUDGMENT Hasselbaink v. the Netherlands 09.02.2021 (app. no. 73329/16) see here SUMMARY Right to personal liberty and detention. Reasoning of the decision on temporary detention. The applicant was arrested on suspicion of kidnapping and extortion and was remanded in custody from 31 March until 15 September, when he was acquitted by the criminal court. Throughout […]

Ineffective investigation into police ill treatment for “forced confession”. Extended temporary detention for 3 years! Violations of the ECHR!

Article 3
23/04/2021 18:55

JUDGMENT Stevan Petrović v. Serbia 20.04.2021 (app. no. 6097/16 and 28999/19) see here SUMMARY Torture of a detainee by police. Duration of 3 years of temporary detention. Ineffective research into torture. Following a search of his residence, the applicant was misled into the police station to testify as a witness, but an arrest warrant and […]

Criticism of Erdogan by a journalist that he is not bound by the Constitution and that he will destroy Turkey! 18 months in prison and sentenced to 10.5 years in prison! New sentence by the ECHR!

Article 10
19/04/2021 18:53

JUDGMENT Ahmet Hüsrev Altan v. Turkey 13.4.2021 (application no. 13252/17) see here SUMMARY The case concerned the pre-trial detention of the applicant, who is a well-known novelist and journalist, following his arrest on suspicion of membership of the Fetullahist Terrorist Organisation/Parallel State Structure. The events took place around the attempted coup d’état in July 2016 […]

Pre trial detention of a journalist for 13 months without any indications of belonging to a terrorist organization and attempting to overthrow the regime. Violation of freedom of expression and personal freedom

Article 10
14/04/2021 18:03

JUDGMENT Murat Aksoy v. Turkey 13.04.2021 (app. no. 80/17) see here SUMMARY A well-known journalist, critical of the government with rich activity in the print and electronic press, was arrested after the coup of July 15, 2016 in Turkey, and was temporarily detained for 13 months. Two criminal charges were brought against him for belonging […]

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