By Article

Botox, animal experiments and freedom of expression!

JUDGMENT Schweizerische Radio- und Fernsehgesellschaft and others v. Switzerland 5.12.2019 (no. 68995/13) see here SUMMARY The case concerned the outcome of a complaint concerning a television programme on Botox (botulinum toxin): the domestic authorities had found that the programme had not broached the issue of the animal experiments required for manufacturing the product, and had […]

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The illtreatment in prison by guards of a convict for sexually abusing a child constitutes inhumane and degrading treatment. The ineffective and incomplete investigation of his complaint constitutes a breach of the procedural limb of Article 3.

JUDGMENT Jevtović v, Serbia 03.12.2019 (no.  29896/14) see here  Prohibition of torture, ill-treatment limits and obligation to investigate. The applicant was convicted of sexually abusing a minor of only three years old. During his imprisonment, he was mistreated four times by guards. The authorities claimed that this was a justified attack in order to suppress […]

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φυλακές

The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.

JUDGMENT I.L. v. Switzerland 3.12.2019  (no.  72939/16) see here   SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]

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φυλακές

Detention in cells less than 3 sq. m., overcrowded, lack of hygiene and lack of heating in prisons. The Court obliges the state to adopt general measures to improve the situation.

JUDGMENT Petrescu v. Portugal 3-12-2019 (no. 23190/17) see here SUMMARY Degrading treatment of prisoners in prisons. Detention in a cell of less than 3 m,, overcrowding, lack of hygiene and no heating. The Court recommended that the Portuguese State should take general measures to improve the situation. According to the ECHR, measures must first be […]

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The arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY  Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

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Large defamation award for moral damage due to public statement against mayor that allegedly controls justice, violated freedom of expression

JUDGMENT Savenko (Limonov) v. Russia  26.11.2019 (no.  29088/08) see here  SUMMARY Political figures, protection, criticism and limits to freedom of expression. In an interview with a radio station, the opposition politician freely expressed his view of the control and influence of justice by the Mayor of Moscow. The latter brought an action for damages for […]

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A citizen who was tried by military courts for a criminal offense because his co-defendant was then serving in the military did not receive a fair trial. Reflection on the independence and impartiality of military courts.

JUDGMENT Mustafa v. Bugaria 28.11.2019(no. 1230/17) see here SUMMARY Jurisdiction of military courts and the right of a citizen to a fair trial. A non-military individual was arrested and convicted by military courts of a common criminal offense because one of the other defendants in the case served in the military at the time the […]

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Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

JUDGMENT Abdyusheva and others v. Russia  26/11/2019  (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

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The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

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The restriction of asylum seekers to an airport transit zone for a long time under miserable conditions violated the ECHR.

JUDGMENT Z.A. and others v. Russia 21/11/2019  (no. 61411/15) see here SUMMARY Four men were held in the Moscow airport transit zone for a long time while authorities were examining their asylum applications. None of them, in the end, remained in Russia. Unanimous violation of the right to liberty and security and the prohibition of […]

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