Dignity

φυλακές

Keeping prisoner in solitary confinement did not constitute inhuman and degrading treatment in breach of the Convention

JUDGMENT Astruc v. France 14.05.2020 (no. 5499/15) see here SUMMARY The case concerned the applicant’s complaint that he was kept in solitary confinement, while imprisoned on remand, after hospital treatment. The measure sought to clarify how the applicant was procuring unauthorised items while in prison and to prevent this from continuing. The Court noted that, […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case  concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]

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The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

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Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY  Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

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Failure to provide care for an unaccompanied foreign minor, aged 12, in the “lande de Calais” shanty town was in breach of the Convention

JUDGMENT Khan v. France 28.02.2019 (no. 12267/16) see here SUMMARY The case concerned the failure by the French authorities to provide an unaccompanied foreign minor with care before and after the dismantling of the makeshift camps set up in the southern section of the “lande de Calais” (“Calais heath”). Large numbers of people hoping to […]

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The inconvenience of an academician in the prisons of Azerbaijan. Serious violations of the ECHR

JUDGMENT Mammadov and others v. Azerbaijan 21.02.2019 (no. 35432/07) see here SUMMARY The case Mammadov and Others v. Azerbaijan (application no. 35432/07) concerned an Azerbaijani academic who complained that he had been arrested in 2007, held in unacknowledged detention for 24 hours and then sentenced to 15 days’ administrative detention which he had spent in […]

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The mentally ill prisoner must receive his treatment in the language he understands best. Treatment without hope of improvement is degrading treatment

JUDGMENT Rooman v. Belgium  31.01.2019 (no. 18052/11) see here SUMMARY The case concerned the question of the psychiatric treatment provided to a sex offender who has been in compulsory confinement since 2004 on account of the danger that he poses and the lawfulness of his detention. The European Court of Human Rights held: – by sixteen […]

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