Defendant Archives

The imposition of life imprisonment without any prospect of reduced sentence or release is inhuman and degrading treatment

Article 3
18/06/2018 07:09

JUDGMENT Matiošaitis and others v. Lithuania 23-5-2017 (no. 22662/13, 51059/13, 58823/13, 59692/13, 59700/13, 60115/13, 69425/13 and 72824/13) see here SUMMARY Life imprisonment. Inhuman and degrading treatment. No prospect of release. The penalty of life imprisonment where there is no prospect of release or reduction of this sentence constitutes inhuman and degrading treatment of those convicted. […]

Banning the release of a prisoner’s novel for publication is a violation of freedom of expression

Article 10
18/06/2018 06:47

JUDGMENT Sarıgül v. Turkey 23-5-2017 (no. 28691/05) see here SUMMARY Freedom of expression. Novel of a prisoner. The case concerned the seizure, by the prison authorities, of a draft novel that Mr Sarıgül had written in prison, and the seizure of a letter he wanted to send to his lawyer. The Court found in particular that […]

The strict detention regime and the inconvenience of prisoners in serving the sentence violate the ECHR

Article 3
14/06/2018 12:47

JUDGMENT Simeonovi v. Bulgaria 12-5-2017 (no. 21980/04) see here SUMMARY Inhuman and degrading treatment due to the combination of a strict framework for the applicant’s life imprisonment and the wretched conditions of detention of Bulgarian prisons. The Grand Chamber of the European Court of Human Rights found a violation of Article 3 of the ECHR. […]

Banning relatives to visit a prisoner violates his right to family life.

Article 8
14/06/2018 09:15

JUDGMENT Pakhtusov v. Russia 16-5-2017 (no. 11800/10) see here SUMMARY Family life. Detainee. Relatives’ visits. Prohibition to relatives to visit a prisoner held in administrative detention for use of an expired driving license, as the visits were not foreseen by the legislation. The Court has condemned Russia for violating the applicant’s family life. PROVISION Article […]

Poor, discriminatory and ineffective investigations of maltreatment from the authorities are degrading treatment.

Article 3
14/06/2018 08:38

JUDGMENT Romanescu v. Romania 16-5-2017 (no. 78375/11) see here SUMMARY Inhuman and degrading treatment of prisoners. Ineffective research. Condemnation of Romania. The applicant complained that he had been ill-treated for as long as he was illegally detained after the Romanian Revolution of December 1989. Despite the long-standing investigation of the authorities, no one was accused […]

The in absentia conviction and failure to inform the defendant violates the ECHR

Article 5
14/06/2018 08:17

JUDGMENT Gumeniuc v. Moldava 16-5-2017 (no. 48829/06) see here SUMMARY In adsentia conviction. The defendant was not informed about the case. Inability to defend himself. Provisional non-hearing for non-payment of a fine of 4 EUR . Moldova’s conviction because the accused was not informed of the hearing and because his lawyer was unable to prepare to […]

Refusal to examine evidence by the court affects the right of defense and violates the fair trial

Article 6
14/06/2018 08:03

JUDGMENT Poropat v. Slovenia 9-5-2017 (no. 21668/12) see here SUMMARY The refusal of the courts: (a) to examine a witness despite the persistent request of the accused; and (b) to oblige the claimant to produce video, claiming that 12 cameras were present in the event, violated the defendant’s right of defense and his right to […]

Insufficient research into death violates the right to life

Article 2
13/06/2018 10:14

JUDGMENT Mustafayev v. Azerbaijan (no. 47095/09) 4-5-2017 see here SUMMARY Right to life. Insufficient search for prisoner’s death. Violation of the right to life. The case concerned the death of the applicant’s son while in prison. The applicant was informed that his son, who was serving a life sentence in Gobustan Prison in London, had died […]

The extraction of the confession through police violence is inhuman and degrading treatment

Article 3
13/06/2018 07:37

JUDGMENT Sitnikov v. Russia (no. 14769/09) and Kondakov v. Russia (no. 31632/10) 2-5-2017 SUMMARY Inhuman and degrading treatment. Detainees. Police violence(bangs, kicks, virtual drownings, etc.) in the preliminary investigation of detained persons, with the result of signing their confession and the authorities’ refusal to investigate complaints about the police, constitutes inhuman and degrading treatment. Russia’s conviction for […]

The prolonged 4.5-year temporary detention is excessive and unjustifiable and violates the ECHR

Article 5
12/06/2018 13:40

JUDGMENT Lisovskij v. Lithuania 2-5-2017 (no. 36249/14) see here SUMMARY Temporary detention lasting 4.5 years with continued extensions is excessive and violates Article 5 (3) of the ECHR, as this duration is excessive and unjustified. PROVISION Article 5 par. 3 PRINCIPAL FACTS The applicant, Genrik Lisovskij, is a Lithuanian national who was born in 1987 […]

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