Ελευθερία και ασφάλεια Archives

Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

Article 3
06/08/2021 12:45

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no. 57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

Pre trial detention of two journalists for publishing e-mails from a Minister that had already been leaked to Wikileaks. Violation of freedom of expression and personal freedom

Article 10
07/06/2021 19:01

JUDGMENT Öğreten and Kanaat v. Turkey 18.05.2021 (app. no. 42201/17 and 42212/17) see here SUMMARY The case concerned the detention (from December 2016 to December 2017) of two journalists for membership of terrorist organisations. Both journalists had published, in the press entities in which they worked, emails from the account of the then Turkish Energy […]

Mentally ill under compulsory confinement due to theft. The continuation of the measure, despite the adoption of a more favorable law, was legal due to the lack of improvement in their mental health

Article 5
04/06/2021 19:44

JUDGMENT Denis and Irvine v. Belgium 01.06.2021 (app. no. 62819/17 and 63921/17) see here SUMMARY The case concerned two applicants who had been placed in compulsory confinement on the basis of the Social Protection Act of 9 April 1930 after having committed acts classified as theft (Mr Denis, in 2007) and attempted theft (Mr Irvine, […]

Ineffective investigation into police ill treatment for “forced confession”. Extended temporary detention for 3 years! Violations of the ECHR!

Article 3
23/04/2021 18:55

JUDGMENT Stevan Petrović v. Serbia 20.04.2021 (app. no. 6097/16 and 28999/19) see here SUMMARY Torture of a detainee by police. Duration of 3 years of temporary detention. Ineffective research into torture. Following a search of his residence, the applicant was misled into the police station to testify as a witness, but an arrest warrant and […]

Pre trial detention of a journalist for 13 months without any indications of belonging to a terrorist organization and attempting to overthrow the regime. Violation of freedom of expression and personal freedom

Article 10
14/04/2021 18:03

JUDGMENT Murat Aksoy v. Turkey 13.04.2021 (app. no. 80/17) see here SUMMARY A well-known journalist, critical of the government with rich activity in the print and electronic press, was arrested after the coup of July 15, 2016 in Turkey, and was temporarily detained for 13 months. Two criminal charges were brought against him for belonging […]

The continuation of pre-trial detention must be adequately justified by the courts. ECHR criteria for adequate reasoning. Violation of the right to personal liberty

Article 5
25/03/2021 19:05

JUDGMENT Zohlandt v. The Netherlands 09.02.2021 (app. no. 69491/16) see here SUMMARY The applicant was remanded in custody for approximately 3.5 months after his arrest and criminal prosecution for unlawful assault, grievous bodily harm and possession of a firearm. His appeals for release were rejected, but the domestic courts did not give sufficient reasons for […]

The state of uncertainty about the reasons for detention and the delayed administration of justice for the legality of detention violated the ECHR. Condemnation of Greece

Article 5
18/03/2021 18:50

JUDGMENT Loizou v. Greece 18.03.2021 (app. no. 17789/16) see here SUMMARY Termination of temporary detention of a detainee to serve a sentence following a conviction in his absence. Uncertainty about the reasons for detention in prisons. Rapid judicial processing of cases related to the legality of detention. Coincidence between the period of temporary detention and […]

Humiliating treatment of a prisoner. Stay 77 days in isolation without natural light! Detention in a Covid-19 quarantine space ! Moral damage 25,000 euros!

Article 3
12/03/2021 19:21

JUDGMENT Feilazoo v. Malta 11.03.2021 (app. no. 6865/19) see here SUMMARY The case concerned the conditions of the applicant’s immigration detention and its lawfulness. It also concerned complaints in relation to the proceedings before this Court, mainly related to interference with correspondence and domestic legal-aid representation. The Court took issue with many aspects of the […]

The long stay of asylum seekers in a transit zone is tantamount to a violation of personal freedom! Living in a high temperature, lack of ventilation and gynecological examinations in the presence of men are humiliating treatment!

Article 3
03/03/2021 18:16

JUDGMENT R.R. and others v. Hungary 02.03.2020 (app. no. 36037/17) see here SUMMARY Detention of a family of asylum seekers in the Röszke transit zone under inappropriate conditions. Regarding the conditions of detention, the Court found a high temperature in the accommodation, lack of ventilation, unsuitable beds for children, lack of access to activities, lack […]

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