JUDGMENT Zherdev v. Ukraine 27-04-2017 (no. 34015/07) see here SUMMARY Degrading treatment by the police. The applicant, who was found guilty of robbery and homicide and sentenced to 13 years in prison, has filed with the ECtHR complaints about police pre-trial (physical and psychological abuse by the police authorities in order to extract his confession) […]
JUDGMENT Rezmiveș v. Romania 25-04-2017 (no. 61467/12, 39516/13, 48213/13 and 68191/13) see here SUMMARY Degrading treatment of prisoners. Cells in unacceptable conditions. Pilot decision. The ECtHR considers that cells must have a space of at least 3 m². for each prisoner. In the applicants’ cells the area was significantly smaller, had dirty toilets, mold, insects, […]
JUDGMENT Asatryan v. Armenia 27-04-2017 (no. 3571/09) see here SUMMARY Examination of witnesses in the audience. The non-examination by the accused of the witnesseses deprived her of the right conferred by Article 6 § 3d of the ECHR (examination of witnesses in the trial) and given that the conviction in the criminal proceedings was based […]
JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]
JUDGMENT Palchik v.Ukraine 2-3-2017 (no. 16980/06) see here SUMMARY Equality of arms. Witness examination. The principle of equality of arms is violated by the non-summon by the Supreme Court of Ukraine of the accused and his attorney at the hearing of the appeal. Taking into account unqualified witness evidence as evidence infringes Article 6 § […]
DECISION Moroz v. Ukraine 2-3-2017 (no. 5187/07) see here SUMMARY Family life. Right to correspondence. Religious freedom. The inability during the detention of the applicant to communicate with his relatives and to correspond with them constitutes a breach of family life and the right of correspondence of the prisoner. The ECtHR also ruled that there […]
JUDGMENT Labaca Larrea v. France 02-03-2017 (no. 56710/13, 56727/13 και 57412/13) see here SUMMARY The difficulties of visiting relatives in prison due to distance are, under certain conditions, a breach of the family life of the prisoner.visit him, since the ability of his family members to visit him is necessary for the continuation of his normal family […]
JUDGMENT: Muršić v. Croatia 12.03.2015 (no. 7334/13) see here SUMMARY: The Court confirmed that 3 sq. m of surface area per detainee in a multi-occupancy cell was the prevalent norm in its case-law, being the applicable minimum standard for the purposes of Article 3. When that area fell below 3 sq. m, the lack of […]
JUDGMENT Dvorski v. Croatia 20.10.15 (no. 25703/11) see here SUMMARY: The case concerned the refusal by the police to allow a lawyer hired by the applicant’s parents to represent him while he was being questioned at a police station on suspicion of multiple murder, armed robbery and arson. The applicant confessed to the offences after […]
JUDGMENT: Lhermitte v. Belgium 26.05.2015 (no. 34238/09) see here SUMMARY: The case concerned the reasons given by the Assize Court for the conviction of a mother who had killed her five children. The Court noted that the jury – which had answered the questions put by the president of the Assize Court – had not […]
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