Ελευθερία και ασφάλεια

φυλακές

Non-response to complaints concerning preventive measures procedures against an arrested person. Violation of Article 5 of the ECHR

JUDGMENT Trofymenko v. Ukraine 04.05.2023 (app. no. 18444/18) see here SUMMARY Appellant’s arrest without prior court order. Appeal under Article 5 § 1 of the ECHR for his illegal arrest and that his complaints about the illegal arrest had not been properly examined and he had no enforceable right to compensation for the above complaints. […]

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Administrative detention of a member of a terrorist organization, for reasons of public order and security. Non-violation of the ECHR

JUDGMENT N.M. v. Belgium,  18.04.2023 (app. no. 43966/19). see here SUMMARY The case concerned the detention of an Algerian national for 31 months in a closed centre for aliens pending his removal from Belgium on grounds of a risk to public order and national security, the review of the lawfulness of that measure, and the […]

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Provisional detention for 3.5 years and a non-expedited trial before a court in order to determine its legality. Violation of the ECHR

JUDGMENT  Radonjić and Romić v. Serbia 04.04.2023 (app. no. 43674/16)  see here SUMMARY The case concerned three applicants, the first of whom is a transgender parent (A.H.), who complained that the civil registration authorities had refused to record the first applicant in the register of births as mother of the third applicant (L.D.H.) on the […]

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Excessive formality on behalf of the Greek courts in the procedures for compensation of a convicted person who was imprisoned and then acquitted. Condemnation of Greece

JUDGMENT Makrylakis v. Greece  17.11.2022 (no. 34812/15) see here SUMMARY Claims for compensation for two years imprisonment following an acquittal issued by the Court of Appeal. Application process not governed by national law in a consistent and predictable manner. Excessively formal application of procedural requirements by national courts. Disproportionate burden on the applicant which affects […]

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δικηγόρος

Arrest and detention of former central bank Governor for 46 hours. Lawful detention due to the existence of serious evidence of guilt

JUDGMENT Rimšēvičs v. Latvia 11.11.2022  ( app. no. 56425/18) see here SUMMARY The case concerned the arrest and approximately 46-hour detention of Mr Rimšēvičs – a former Governor of the Central Bank of Latvia and former ECB Governing Council member – on corruptionrelated charges in connection with a Latvian bank. The Court found in particular […]

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Applicant’s risk of ill-treatment if extradited to China. The length of his detention pending extradition violated the right to personal liberty and security

JUDGMENT Liu v. Poland 06.10.2022 (app. no. 37610/18) see here SUMMARY The case concerned the extradition proceedings brought against the applicant, on conclusion of which (in 2020) the Polish courts had authorised his handover to the authorities of the People’s Republic of China. He was wanted for trial there in connection with a vast international […]

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Calculating the start of the period of “detention” from the day the detainee was deprived of his liberty by the national authorities did not infringe the right to personal liberty and security

JUDGMENT Gilanov v. the Republic of Moldova 13.09.2022 (app. no. 44719/10) see here SUMMARY The applicant, a Georgian national, arrived in Moldova in 2000 and obtained a residence permit in the country. He officially left in 2006. In 2007, a criminal investigation was opened into alleged fraud committed by the applicant while working at an […]

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Confinement of a family of asylum seekers in a container in a transit zone. Poor housing conditions. Conviction for degrading treatment and deprivation of personal liberty

JUDGMENT W.O. and others v. Hungary 25.08.2022 (app. no. 36896/18) see here SUMMARY The applicants submitted asylum applications on arrival in the transit zone. The asylum procedure was suspended due to the attempted forced return of the applicants to Bulgaria. On 13 August 2018 the Immigration and Asylum Service rejected the applications and ordered their […]

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Forced return of a Syrian despite the risk of persecution he faced in his country due to the civil war. Multiple violations of the ECHR

JUDGMENT Akkad v. Turkey  21.06.2022 (app. no. 1557/19) see here SUMMARY The applicant is a Syrian citizen who left his country due to the civil war. He had been granted subsidiary protection status. In his attempt to enter Greece through the Greek-Turkish border, he was arrested by Turkish officers. He was illegally detained for 2 […]

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