κρατούμενοι

The interference with the detainee’s letter to his lawyer by prison authorities violated the right of respect for privacy and correspondence

JUDGMENT KARATAY v. TÜRKİYE 07.03.2023 (app. no. 28377/11) see here SUMMARY The applicant complained of the violation of his rights protected by the Convention and its Protocols, because of restrictions imposed on him, which stemmed from a prison sentence imposed on him for having intentionally committed an offence. Regarding the alleged violation of article 6 […]

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Activist mistreated in detention center. Arbitrary extension of the applicant’s detention. Violation of right to personal freedom

JUDGEMENT AYYUBZADE v. AZERBAIJAN 02.03.2023 (app. no. 6180/15) see here SUMMARY Arrest and pre-trial detention of an opposition activist. On several occasions during his detention, the applicant was handcuffed for allegedly breaching the disciplinary rules. He also participated in an unauthorised demonstration against bureaucratic injustices. Shortly after it had started, the demonstration was dispersed by […]

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The acceptance of statements obtained by police mistreatment as evidence renders the process unfair, regardless of whether their use was decisive for the conviction of the accused!

JUDGMENT TRACHUK v. UKRAINE 02.03.2023 (app. no. 24413/13) see here SUMMARY The case concerns allegations, under Article 3 and Article 6 § 1 of the Convention, that the applicant was ill-treated by officers of the Kramatorsk police, that her relevant complaint was not properly investigated and that her testimony given as a result of the ill-treatment was used […]

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Excessive length of his pre-trial detention, which lasted approximately four and half years, because of the frequent interruptions of court sessions due to obstructions by advocates and prosecutors. Violation of the Convention

JUDGMENT ABULADZE v. ESTONIA 24.01.2023 (app. no. 12928/20) see here SUMMARY The case concerns the applicant’s allegations of excessive length of his pre-trial detention, which lasted approximately four and half years, in breach of Article 5 § 3. The applicant was accused of being a member of a criminal organization. His pre-trial detention was ordered. […]

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Death of a prisoner because of medical negligence due to improper medical care. Incomplete investigation by the authorities

JUDGMENT VOSKANYAN v. ARMENIA 24.01.2023 (app. no. 623/13) see here SUMMARY On 7 October 2010 the applicant’s husband, S. Voskanyan, was arrested on suspicion of murder and armed assault. On 18 October 2010 S. Voskanyan complained of pain, swelling and hyperaemia in the left shin stating that he had injected saliva under the skin. Doctor […]

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Inadequate detention conditions. Dismissal of the application for non-exhaustion of domestic remedies

JUDGMENT Vlad v. Romania 08.12.2022 (app. no. 122/17) see here SUMMARY In this decision concerning the conditions of detention of a former prisoner in Bucharest-Rahova Prison, the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The Court found, in particular, as follows. Regarding the period prior to 23 […]

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Force-feeding a prisoner who went on a hunger strike, with the sole purpose of suppressing the protests! Inhuman and degrading treatment

JUDGMENT Yakovlyev v. Ukraine 08.12.2022 (app. no. 42010/18) see here SUMMARY The case concerned the applicant’s force-feeding whilst in prison for robbery, after going on hunger strike in protest against his conditions of detention and the attitude of the prison officials. Given the relatively short time that had elapsed since the start of his hunger-strike, […]

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A Ukrainian was sentenced in Hungary to life imprisonment with the possibility of parole. Ukraine, where he is serving his sentence, did not recognize the pending dismissal! Inhuman treatment and violation of Article 7

JUDGMENT Kupinskyy v. Hungary  10.11.2022 (app. no. 5084/18) see here SUMMARY Sentenced to life imprisonment with the possibility of parole. In the country where the annuities are established, conditional dismissal is not provided for. Imposition of a more severe penalty. Deprivation of the possibility of parole for life. Inhuman and degrading treatment. Violation of Article 7 […]

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Denial of permission for prisoner to attend religious services outside prison during COVID-19 pandemic did not violate Convention

JUDGMENT Constantin-Lucian Spînu v. Romania 11.10.2022 (app. no. 29443/20) see here SUMMARY The case concerned a refusal by the national authorities, on grounds of measures taken during the COVID-19 pandemic, to let a prisoner attend religious services outside Jilava Prison. The Court concluded that the decision of the prison authorities to deny the applicant leave […]

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Applicant’s risk of ill-treatment if extradited to China. The length of his detention pending extradition violated the right to personal liberty and security

JUDGMENT Liu v. Poland 06.10.2022 (app. no. 37610/18) see here SUMMARY The case concerned the extradition proceedings brought against the applicant, on conclusion of which (in 2020) the Polish courts had authorised his handover to the authorities of the People’s Republic of China. He was wanted for trial there in connection with a vast international […]

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