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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No fair trial if steps not taken to compensate for lack of possibility to test the credibility of direct witnesses

JUDGMENT  T.K. v. Lithuania 12.06.2018 (no. 14000/12) see here SUMMARY  The case concerned the applicant’s glasses being taken away from him for several months during criminal proceedings against him and his being prevented from examining key witnesses, particularly his former partner. The Court found that the length of time he had been left without spectacles, […]

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Illegal detention without prior information and deportation of asylum seekers

JUDGMENT  Amerkhanov v. Turkey 5.6.2018 (no. 16026/12) Batyrkhairov v. Turkey 5.6.2018 (no. 69929/12) SUMMARY  Detention of asylum seekers without informing them for the exact reasons. Inappropriate detention conditions. Illegal deportation without a request for asylum and a risk of torture. Violation of Article 3 (prohibition of inhuman treatment) due to detention conditions and Article 5 § […]

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The minimum compensation of € 440 for hemorrhage and drum breakage from police violence is a degrading treatment

JUDGMENT  Artur Ivanov v. Russia  05.06.2018 (no. 62798/09) see here SUMMARY  A policeman had hit the applicant in the ear while he was in custody, causing the bleeding and rupture of a drum. In an action brought by the applicant, the domestic Courts awarded him approximately 440 euros for damages. Infringement of Article 3 (degrading […]

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Mistreatment and police violence in a police station. Degrading treatment

JUDGMENT  Khani Kabbara v. Cyprus 5.6.2018 (no. 24459/12) see here SUMMARY  Mistreatment by police officers during detention at a police station. An ineffective complaint investigation by the authorities. Infringement for degrading treatment (Article 3). PROVISION  Article 3 THE DECISION OF THE COURT  The applicant, Hani Abdul Khani Kabbara, is a Canadian national who was born […]

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εξευτελιστική μεταχείριση

Expulsion that exposes to the risk of torture is a violation of Article 3 of the ECHR

JUDGMENT  M.A. v. Russia 01.02.2018 (no. 9373/15) see here SUMMARY  Deportation of an alien convicted in his country for terrorist acts. Risk of being tortured in his country of origin (Algeria). Infringement of a temporary detention suspension measure. Violation of Article 3 on torture. State authorities must receive precise assurances from the country of origin […]

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