JUDGMENT Domján v. Hungary 23.11.2017 (no. 5433/17) see here SUMMARY The applicant, who is a prisoner, has served his sentence in five different prisons in Hungary, where the cells were overcrowded, each had between 3 and 28 prisoners, the appropriate space for each prisoner was less than 3 m, and he could only be outdoors […]
Excessive length of preliminary investigation and entitlement to legal assistance in the preliminary examination
JUDGMENT Kalēja v. Latvia 5/10/2017 (no. 22059/08) see here SUMMARY Entitlement of a witness to a preliminary examination. Excessive length of the preliminary examination and no legal assistance at this stage in the absence of accusation against him. Infringement of the right to a fair trial regarding the duration of the investigation, but no violation […]
JUDGMENT Mills v. Ireland 2-11-2017 (no. 50468/16) see here SUMMARY The case of Mills v. Ireland (application no. 50468/16) concerned the applicant’s complaint that his conviction for selling drugs was unfair as it was based on evidence obtained by police entrapment. In its decision in the case the European Court of Human Rights has unanimously […]
JUDGMENT Dragoş Ioan Rusu v. Romania 31-10-2017 (no. 22767/08) see here SUMMARY Trafficking of a prohibited drug through local post. Seizure of correspondence with the urgent procedure without a court decision. Although in contrast with Article 8 regarding the applicant’s correspondence, the criminal proceedings for drug trafficking were fair after the trial and allegations of […]
The testimony of the victim in the pre-trial is not enough to convict the accused. His presence in the audience is required.
JUDGMENT Cafagna v. Italy 12/10/2017 (no. 26073/13) see here SUMMARY Robbery on the street. The victim testified before the police and identified the accused by photographers. In the audience, the witness never appeared, despite the accused’s wish to examine him. The witness was of unknown residence and could not be found. Thus neither the Court […]
Mistreatment of prisoners by police officers with struks on the stomach and the head. Condemnation for torture and inhuman and degrading treatment.
JUDGMENT Zolotorev v. Russia 19-09-2017 (no. 13408/07) see here SUMMARY Mistreatment of prisoners by police officers. Strucks on the stomach, head and body of two detainees by police officer. In view of the court trial in St. Petersburg the applicant refused to attend without his lawyer being present, and thus the police officers who accompanied […]
JUDGMENT Tekın and Arslan v. Belgium 05-09-2017 (no. 37795/13) see here SUMMARY Exercising unnecessary violence against a prisoner with psychiatric problems with arm locks on behalf of police officers which resulted in the death of the prisoner violates the right to life. The Court held that Belgium had violated article 2 of the Convention. PROVISION Article 2 PRINCIPAL […]
JUDGMENT Stollenwerk v. Germany 07/09/2017 (no. 8844/12) see here SUMMARY Review of the lawfulness of the applicant’s detention. Principle of equality of arms. The national court ruled without giving him the opportunity to refute and answer the written observations of the prosecuting authorities. The ECtHR held that there had been a violation of the Convention […]
JUDGMENT Rostovtsev v. Ukraine 25-07-2017 (no. 2728/16) see here SUMMARY The case concerned the applicant’s complaint that he was not allowed to appeal against the conviction with regard to possession of drugs. Based on Article 2 of the 7th Protocol (right to double jurisdiction in criminal matters), Mr Rostovtsev complained that he had been deprived […]
Long-term detention in a psychiatric institution without the required medical care constitutes degrading treatment
JUDGMENT Rooman v. Belgium 18-07-2017 (no. 18052/11) see here SUMMARY The case concerned proceedings brought by Mr Rooman on account of the lack of psychiatric care in the facility in which he was being detained. The Court found in particular that the national authorities had not provided adequate care for the detainee because of the lack […]