JUDGMENT M.H. and S.B v. Hungary 22.02.2024 (app. no. 10940/17 and 15977/17) see here SUMMARY The applicants entered Austria and applied for asylum. They were detained for 3 months despite being minors. The applicants’ initial statements that they were adults could not justify the rejection of their claim that they were minors without taking appropriate […]
JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]
JUDGMENT Miljak v. Croatia 16.01.2024 (app. no. 15681/18) see here SUMMARY Ill treatment of a prisoner by prison officials and lack of effective investigation into the incident. The applicant was randomly selected for a search of his cell. While he was warned not to touch anything in the cell during the search he asked if […]
JUDGMENT Vukušić v. Croatia 14.11.2023 (app. no. 37522/16) see here SUMMARY The applicant, mentally disturbed, was kept in a so-called “rubber cell” (gumenjara) in prison for two periods in 2012 and for a total of 17 days. This detention was imposed to prevent him from self-harming. According to the Court, persons in detention are in […]
JUDGMENT Klyachkov and others v. Russia 02.11.2020 (app. no. 38521/16 and others). see here SUMMARY The defendants in the hearing procedure were placed throughout the duration of the trial in a metal cage inside the courtroom. The ECtHR reiterated that such a practice is in itself an affront to human dignity and constitutes degrading treatment. […]
JUDGMENT Okropiridze v. Georgia 02.11.2023 (app. no. 53974/15) see here SUMMARY Illegal and arbitrary temporary detention. In 2014 the applicant was arrested and charged with aggravated murder and remanded in custody, which by law could not last more than 9 months and would therefore end on 11 June 2015. However, on 9 June 2015 the […]
JUDGMENT El–Asmar v. Denmark 03.10.2023 (app. no. 27753/19) see here SUMMARY The applicant had a violent past, which included robberies, violence and threats. On March 24, 2017, he was arrested, charged with violating the Arms and Explosives Act and held in a local jail. On 6 April 2017, through his lawyer, the applicant complained to […]
JUDGMENT S.P. and others v. Russia 02.05.2023 (app. no. 36463/11 and 10 others) see here SUMMARY The case concerned the treatment of the applicants when serving sentences in penal institutions in various parts of Russia. Within an informal prisoner hierarchy, they had been categorised as “outcasts”. The Court found in particular that the existence of […]
JUDGMENT ABISHOV v. AZERBAIJAN 23.03.2023 (app. no. 46419/16) see here SUMMARY Applicant’s alleged ill-treatment by law‑enforcement officers during his arrest and later while in police custody and the lack of an effective investigation in that respect. On 23 October 2015 the applicant had been in a café with an acquaintance, when plain-clothed police officers had […]
JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]
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