Ελευθερία και ασφάλεια Archives

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

Article 5
September 9, 2019 8:48 am

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

Article 3
August 29, 2019 7:46 am

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

Article 13
July 23, 2019 4:36 pm

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

Article 3
July 21, 2019 3:49 pm

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here SUMMARY Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

Article 5
July 20, 2019 5:34 pm

JUDGMENT Tim Henrik Bruun Hansen v. Denmark 09.07.2019 (no. 51072/15) see here SUMMARY Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration

Article 13
March 29, 2019 5:16 pm

JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]

Information of the Afghan immigrants in the island of Chios in Greek that they could appeal against deportation to an administrative court without specifying which court was i and where it was, since in Chios such a court did not exist. Violation of the ECHR

Article 3
March 22, 2019 10:14 am

JUDGMENT O.S.A. and others v. Greece 21.03.2019 (no. 39065/16) see here SUMMARY The case concerned the applicants’ conditions of detention in the Vial centre on the island of Chios, and the issues of the lawfulness of their detention, the courts’ review of their case, and the information provided to them. The Court considered that, in […]

National legislation should provide for a specific review of the detention of a prisoner. The non-review violates Article 5 of the ECHR

Article 5
March 10, 2019 7:40 pm

JUDGMENT Šaranović v. Montenegro 05-03-2019 (no. 31775/16) see here SUMMARY The case concerned Mr Šaranović’s complaints about his pre-trial detention for two and half years in Montenegro on suspicion of being behind the 2013 murder of the brother of the leader of a Serbian criminal organisation. He had allegedly arranged the murder out of revenge […]

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

Article 5
January 11, 2019 4:49 pm

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

The unjustified provisional detention of a journalist violated his right to freedom and security.

Article 5
December 8, 2018 4:52 pm

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

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