κρατούμενοι

In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here   SUMMARY  Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

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φυλακές

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

JUDGMENT  Tim Henrik Bruun Hansen v. Denmark  09.07.2019 (no. 51072/15) see here   SUMMARY  Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

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φυλακές

Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

JUDGMENT  Chiarello v. Germany  20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

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δικηγόρος

First Strasbourg ruling on non-compliance by a state with a ruling by the European Court of Human Rights. Breach of the State’s obligation to enforce the decision.

JUDGMENT Ilgar Mammadov v. Azerbaijan  29.05.2019 (no. 15172/13) see here THE IMPORTANCE OF THE CASE The decision is important as it is the first ECtHR decision not to execute its decision by a member state of the Council of Europe. In accordance with Article 46 of the ECHR, the judgments of the Court are binding […]

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Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

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φυλακές

Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration

JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]

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φυλακές

National legislation should provide for a specific review of the detention of a prisoner. The non-review violates Article 5 of the ECHR

JUDGMENT  Šaranović v. Montenegro 05-03-2019 (no. 31775/16) see here SUMMARY The case concerned Mr Šaranović’s complaints about his pre-trial detention for two and half years in Montenegro on suspicion of being behind the 2013 murder of the brother of the leader of a Serbian criminal organisation. He had allegedly arranged the murder out of revenge […]

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φυλακές

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY  The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

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The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

JUDGMENT  Isayeva v. Ukraine 4.12.2018 (no.  35523/06) see here   SUMMARY  Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

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The unjustified provisional detention of a journalist violated his right to freedom and security.

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY  The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

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ECHRCaseLaw

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