Article 5 Archives

Detainees in psychiatric prison wards. Developments after a pilot decision. Detention in inappropriate conditions, psychiatric wards with systemic problems and improvements.

Article 3
10/04/2021 19:05

JUDGMENT Venken and others v. Belgium 06.04.2021 (app. no. 46130/14) see here SUMMARY The case concerns five applications concerning the detention of five Belgian nationals in the psychiatric prison ward, which followed the pilot decision of W.D. against Belgium. The applicants alleged that they did not benefit from an remedy adapted to their mental health […]

Temporary suspension of procedures due to coronavirus. The Court’s first approach to pandemic problems

Article 3
30/03/2021 18:21

JUDGMENT Fenech v. Malta 30.03.2021 (app. no. 19090/20) see here SUMMARY The case concerns the aftermath of the applicant’s arrest in 2019 on suspicion of involvement in the murder of Daphne Caruana Galizia, a noted Maltese journalist who was assassinated in 2017. In particular it involves his pre-trial detention during the Covid public-health emergency, precautions […]

The continuation of pre-trial detention must be adequately justified by the courts. ECHR criteria for adequate reasoning. Violation of the right to personal liberty

Article 5
25/03/2021 19:05

JUDGMENT Zohlandt v. The Netherlands 09.02.2021 (app. no. 69491/16) see here SUMMARY The applicant was remanded in custody for approximately 3.5 months after his arrest and criminal prosecution for unlawful assault, grievous bodily harm and possession of a firearm. His appeals for release were rejected, but the domestic courts did not give sufficient reasons for […]

The state of uncertainty about the reasons for detention and the delayed administration of justice for the legality of detention violated the ECHR. Condemnation of Greece

Article 5
18/03/2021 18:50

JUDGMENT Loizou v. Greece 18.03.2021 (app. no. 17789/16) see here SUMMARY Termination of temporary detention of a detainee to serve a sentence following a conviction in his absence. Uncertainty about the reasons for detention in prisons. Rapid judicial processing of cases related to the legality of detention. Coincidence between the period of temporary detention and […]

Humiliating treatment of a prisoner. Stay 77 days in isolation without natural light! Detention in a Covid-19 quarantine space ! Moral damage 25,000 euros!

Article 3
12/03/2021 19:21

JUDGMENT Feilazoo v. Malta 11.03.2021 (app. no. 6865/19) see here SUMMARY The case concerned the conditions of the applicant’s immigration detention and its lawfulness. It also concerned complaints in relation to the proceedings before this Court, mainly related to interference with correspondence and domestic legal-aid representation. The Court took issue with many aspects of the […]

The long stay of asylum seekers in a transit zone is tantamount to a violation of personal freedom! Living in a high temperature, lack of ventilation and gynecological examinations in the presence of men are humiliating treatment!

Article 3
03/03/2021 18:16

JUDGMENT R.R. and others v. Hungary 02.03.2020 (app. no. 36037/17) see here SUMMARY Detention of a family of asylum seekers in the Röszke transit zone under inappropriate conditions. Regarding the conditions of detention, the Court found a high temperature in the accommodation, lack of ventilation, unsuitable beds for children, lack of access to activities, lack […]

Provisional detention of opposition activists for the purpose of punishing them and suspending their activity. Conviction for violations of the ECHR

Article 5
22/02/2021 08:03

JUDGMENT Azizov and Novruzlu v. Azerbaijan 18.02.2021 (αρ. προσφ. 65583/13 και 70106/13) see here SUMMARY Provisional detention of opposition activists members of the NIDA youth organization, mainly aimed at punishing them and suspending their active participation in anti-government demonstrations. Restriction of rights for reasons other than those set out in the ECHR. The ECtHR considered […]

The role of the editor-in-chief and his responsibility for the published articles. Temporary detention and conviction for publishing articles. Violation of the ECHR

Article 10
14/02/2021 18:48

JUDGMENT Mehdi Tanrikulu v. Turkey (no. 2) 19.01.2021 (app. no. 33374/10) see here SUMMARY Freedom of expression and the right to personal freedom of the journalist. The role of editor-in-chief in the newspaper and his responsibility for publishing articles written by other journalists. The applicant, editor-in-chief of a Kurdish-language newspaper published in Turkey, was indicted, […]

Prolonged detention of Turkish journalists for publications criticizing the political regime. Violation of rights to personal freedom and freedom of expression

Article 10
13/02/2021 10:30

JUDGMENT Sabuncu and others v. Turkey 10.11.2020 (app. no. 23199/17) see here SUMMARY Right to freedom and security and right to freedom of expression. The 10 applicants, journalists of a well-known newspaper published in Turkey, were accused of propaganda in favor of a terrorist organization. In particular, they were prosecuted on the grounds that the […]

Diavata prison and the humiliating living conditions for a diabetic prisoner in a wheelchair! Condemnation of Greece for degrading treatment

Article 13
12/02/2021 19:13

JUDGMENT Kargakis v. Greece 14.01.2020 (app. no. 27025/13) see here SUMMARY The case concerned the medical provision for the applicant during his pre-trial detention and his conditions of detention in Diavata Prison, the lack of an effective remedy to complain about the latter, and the length of the proceedings relating to the judicial review of […]

Article 5