Defendant

κράτηση

The right of appeal for the review of the detention and the equality of arms

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 […]

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The deprivation of an accused of the appeal violates the ECHR

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 […]

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φυλακές

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 […]

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φυλακές

The preventive detention following the execution of the principal sentence and the right of the accused to freedom

JUDGMENT Lorenz v. Austria 20-07-2017 (no. 11537/11) see here SUMMARY The applicant was sentenced in 1984, among other things, to intentional triple murder and served a sentence of imprisonment for 20 years. Until 2003, he served his sentence, but since then he has been detained and undergoes a review every year to assess whether his […]

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δίκαιη δίκη

The validity of the judgments of the European Court of Human Rights and the resumption of proceedings by the national courts

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 […]

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δίκαιη δίκη

The inadmissibility of the appeal, unrelated to the accused’s fault, affects the principle of fair trial and invalidates access to a court.

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 […]

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εξευτελιστική μεταχείριση

The Court condemns violations of the lack of investigation of the arrested applicant and of mistreatment by the police

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 […]

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κράτηση

Prolonged detention violates the right to security and freedom

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 […]

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ECHRCaseLaw

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