JUDGMENT Saidov v. Russia 26.07.2022 (app. no. 31872/19) see here SUMMARY Personal freedom and security. Temporary detention of a foreigner with a view to deportation, without the existence of a legal basis. The applicant was temporarily detained pending a review of his deportation. On 13 January 2016, the Court granted a request for an interim […]
JUDGMENT P.W. v. Austria 21.06.2022 (app. no. 10425/19) see here SUMMARY Right to personal liberty. No deprivation of personal liberty is lawful unless it falls under the circumstances provided for in the Convention. The applicant suffers from a schizophrenic disorder, a fact of which she was unaware. She was accused of resisting during her arrest […]
JUDGMENT Ι.G.D. v. Bulgaria 07.06.2022 (app. no. 70139/14) see here SUMMARY The case concerned a minor who was placed in specialised institutions from 2011 to 2015 on the grounds of having committed a number of offences. At the time of his initial placement the applicant was 11 years old. In 2015, after the maximum time […]
JUDGMENT Taner Kılıç (no. 2) v. Turkey 31.05.2022 ( app. no. 208/18) see here SUMMARY The case concerned the initial and continued pre-trial detention of Mr Kılıç who, at the relevant time, was Chairperson of the Turkish branch of the NGO Amnesty International. Mr Kılıç was arrested in June 2017 on suspicion of belonging to […]
JUDGMENT H.M. and others v. Hungary 02.06.2022 ( app. no. 38967/17) see here SUMMARY The case concerned an Iraqi family’s detention in a transit zone at the border between Hungary and Serbia after fleeing Iraq. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of inhuman […]
JUDGMENT Alıcı and others v. Turkey 24.05.2022 (app. no. 70098/12) see here SUMMARY The case concerned applicants who were arrested while travelling by bus from Adana to Ankara to take part in a demonstration and who incurred an administrative fine for withholding their identities from the police who stopped their bus. The Court found that […]
JUDGMENT Miklić v. Croatia 07.03.2022 (app. no. 41023/19) see here SUMMARY The case concerned Mr Miklić’s placement in a psychiatric institution after his conviction on charges of intrusive and threatening behaviour committed as a minor and while lacking mental capacity. The Court considered that the prolongation of Mr Miklić’s confinement had been decided in a […]
JUDGMENT Shirkhanyan v. Armenia 22.02.2022 (app. no. 54547/16) see here SUMMARY Pretrial detention. Detention conditions, inhuman and degrading treatment. Effective remedy for reporting violations. The applicant, a former Minister of Defense of the Armenian Government, was remanded in custody for approximately two years on charges of leadership and involvement in a terrorist organization. He suffered […]
JUDGMENT Komissarov v. Czech Republic 03.02.2022 (app. no. 20611/17) see here SUMMARY Temporary detention of an accused upon request for extradition to the country where the crime was committed. Guarantees against arbitrariness during booking. Personal freedom. The applicant was remanded in custody from May 2016 until November 2017, when he was extradited to the country […]
JUDGMENT Kocamış and Kurt v. Turkey 25.01.2022 (app. no. 227/13) see here SUMMARY Procedural guarantees for the imposition of temporary detention. Inability of a detainee to appear in person in court to challenge it and not to notify him of a prosecutor’s proposal. Right to personal freedom. The applicants were remanded in custody for two […]
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