JUDGMENT Moreira Ferreira v. Portugal (no. 2) 11-07-2017 (no. 19867/12) see here SUMMARY The applicant was prosecuted for threatening conduct following an altercation. Despite the fact that an expert report diagnosed her with limited intellectual and mental capacity, she was held criminally responsible for her actions. By judgment of the court, she was convicted of […]
JUDGMENT Shuli v. Greece 13-07-2017 (no. 71891/10) see here SUMMARY Fair trial. Access to court. Formalistic rejection of appeal by the Five-Member Court of Appeal of Nafplion. The accused filled a pre-printed appeal. Failure to indicate specific grounds of appeal for in the appeal. Formalist rejection of an appeal as unacceptable hinders access to a […]
JUDGMENT Sadkov v. Ukraine 06-07-2017 (no. 21987/05) see here SUMMARY The applicant complained of human rights violations during his arrest, prosecution and conviction in respect of the crime of robbery and manslaughter. The ECtHR found that there had been a violation of Article 3 (procedural aspect – investigation) as the authorities failed to conduct an […]
JUDGMENT Valdhuter v. Romania 27-06-2017 (no. 70792/10) see here SUMMARY Examination of a witness by a defendant. The case concerned the applicant’s claim that he was not given the opportunity to challenge the examination of a witness whose testimony had been taken into account in his conviction. Romania’s conviction for violation of Article 6 (1) […]
JUDGMENT S.M.M. v. The United Kingdom 22-06-2017 (no. 77450/12) see here SUMMARY Detention with a view to deportation for two years and ten months. Infringement of Article 5 § 1 (f) (Right to liberty and security) of the European Convention because his detention was arbitrary and disproportionate due to its excessive duration. PROVISION Article 5 […]
JUDGMENT Koshevoy v. Russia 13-06-2017 (no. 70440/10) see here SUMMARY Illegal detention pending deportation . Detention health problems. Infringement of Article 5 § 1 for unlawful detention. PROVISION Article 5 § 1 PRINCIPAL FACTS The applicant, Aleksandr Koshevoy, was born in 1946 in Kazakhstan and has been living in Moscow since 2001. The case concerned […]
JUDGMENT R.M. v. Turkey 13-06-2017 (no. 81681/12) see here SUMMARY Provisional detention for deportation of 32 months. Excessive duration. Infringement of Article 5 § 1 (right to liberty and security) of the ECHR. PROVISION Article5 § 1 PRINCIPAL FACTS The applicant, R.M., is an Uzbek and Turkish national who was born in 1988 and lives […]
JUDGMENT Vladimir Nikolayevich Fedorov v. Russia (no. 48974/09) 30-5-2017 see here SUMMARY Provisional reservation. Right to family life. Detainee. Visite deprivation. Depriving a detainee from communicating with his relatives throughout his detention violates his or her right to family. The ECtHR found a violation of Article 8 of the ECHR. PROVISIONS Article 5 par. 3 […]
JUDGMENT Scavetta v. Monaco 30-5-2017 (no. 33301/13) see here SUMMARY Fair trial. Evidence. Failure to produce documents. Failure to produce critical documents, such as the investigator’s findings and the prosecutor’s written conclusions in connection with the conviction of the accused, violates his right to a fair trial. PROVISION Article 6 § 1 PRINCIPAL FACTS The […]
JUDGMENT Grecu v. The Republic of Moldova 30.05.2017 (no. 51099/10) see here SUMMARY Illegal detention in police station for ten hours. Police violence. The case concerned the applicant’s complaint that she was illegally detained and was subjected to police violence for almost ten hours and was ill-treated by police. Ms. Grecu was arrested in the […]
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