ECHR Decisions

Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case  concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]

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The excessive formalism of the Constitutional Court deprived the applicants of their right of access to a court

JUDGMENT Dos Santos Calado and others v. Portugal 31.03.2020 (no. 55997/14, 6843/16, 78841/16, and 370617) see here SUMMARY The cases concerned Portuguese nationals who complained about their appeals to the Constitutional Court being declared inadmissible. Applications nos. 55997/14 and 68143/16 also concerned the alleged lack of impartiality of the three-judge committee of the Constitutional Court. […]

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Unreasonable use of force to suppress a prison riot. Prisoner death and ineffective research. Violation of the right to life

JUDGMENT Kukhalashvili and others v. Georgia 02.04.2020 (no. 8938/07 and 41891/07) see here SUMMARY The case concerned the death of the applicants’ relatives during a police operation to quell a riot in a prison where they were being held. The Court first of all found various failings in the authorities’ investigation into the circumstances in […]

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The investigation into the injury of a woman by a police officer that lasted more than nine years and the lack of legislation on the use of weapons violated the right to life

JUDGMENT Andreea-Marusi Dumitru v. Romania 31.03.2020 (app. no. 9637/16) see here SUMMARY The case concerned the effectiveness and length of the investigation conducted after the applicant sustained gunshot wounds during a police operation at a goods train depot in November 2005. The Court observed that more than nine years and three months had elapsed between […]

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The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

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Expropriation without compensation. The relocation offer does not replace the compensation. Violation of property right

JUDGMENT Abiyev and Palko v. Russia 24.03.2020 (no. 77681/14) see here SUMMARY Demolition by state authorities of the property of the applicants and expropriation of their land with the aim of rebuilding the city. Failure to comply with the legal procedure for expropriation. Rejection of their claim for compensation by the courts and non-receipt of […]

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Unnecessary seizure for 7.5 months of computer of an non-accused violated his property and freedom of expression rights

JUDGMENT Pendov v. Bulgaria 26.03.2020 (no. 44229/11) βsee here  SUMMARY Seizure of server for 7.5 months from a person who was not indicted. Professional use for website. Right to property and freedom of expression. Restricted access to the applicant’s cultural web site on Japanese anime due to unnecessary and prolonged confiscation of his computer server […]

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Lawyer sentenced for defamation for writting an open letter on a subject of public interest violated his freedom of expression

JUDGMENT Tête v. Frabce 26.03.2020 (no. 59636/16) see here  SUMMARY In this case the applicant complained about his conviction for malicious falsehood on account of an open letter which he had written to the President of the French Financial Markets Authority (AMF), in which he accused the Olympique Lyonnais Group (“the OL Group”) and its […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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