JUDGMENT Sy v. Italy 24.01.2022 (app. no. 11791/20) see here SUMMARY The case concerned the fact that the applicant, who suffered from a personality disorder and bipolar disorder, had remained in detention in an ordinary prison despite domestic court decisions stating that his mental health was incompatible with such detention and ordering his transfer to […]
JUDGMENT Atristain Gorosabel v. Spain 18.01.2022 (app. no. 15508/15) see here SUMMARY Detention in complete isolation without any communication. Right to a fair trial. Right of defense by a lawyer of the choice of the accused. The applicant, a Spanish national, was charged with involvement in the ETA terrorist organization and possession of explosives and […]
JUDGMENT Mehmet Çiftçi and Suat İncedere v. Turkey 18.01.2022 (app. no. 21266/19 and 21774/19) see here SUMMARY The case concerned the sanction of one month’s deprivation of means of communication imposed on the applicants by the prison management for singing anthems and reading out poems (in December 2016) in memory of the prisoners who had […]
JUDGMENT Istomina v. Ukraine 13.01.2022 (app. no. 23312/15) see here SUMMARY Warranty. Too disproportionate amount of guarantee. Insufficient reason for imposing a precautionary measure. The applicant was prosecuted for tax evasion, participation in a fictitious enterprise and forgery of documents through fictitious companies which she founded and managed. As head of this group of companies, […]
JUDGMENT Sassi and Benchellali v. France 25.11.2021(app. no. 10917/15 and 10941/15) see here SUMMARY Investigations of the applicants, who were accused of terrorist acts in Afghanistan. Collection of information and nature of investigations. Fair trial. The applicants, French nationals, were arrested on the border with Pakistan as they tried to flee Afghanistan in early 2002, […]
JUDGMENT Mironescu v. Romania 30.11.2021 (app. no. 17504/18) see here SUMMARY Right to free elections. Right to vote for prisoners who have not been deprived of their political rights. The applicant was serving a prison sentence and although he had not been deprived of his political rights, he was not eligible to vote in his […]
JUDGMENT Kovrov and others v. Russia 16.11.2021 (app. no. 42296/09, 71805/11, 75089/13, 1327/16, and 14206/16). see here SUMMARY Automatic extension of temporary detention. Failure to consider the possibility of alternative restrictive terms. Insufficient reasoning. The applicants were arrested on suspicion of various offenses such as fraud and fatal bodily harm and were remanded in custody […]
JUDGMENT Shabelnik v. Ukraine 04.11.2021 (app. no. 54806/18) (no. 3) see here SUMMARY Non-imposition of a penalty without law. Criminal review procedure following decisions of the ECtHR. The applicant was sentenced to life imprisonment for two homicides. Following ECtHR rulings, the Supreme Court quashed his conviction in relation to one of the two homicides and […]
JUDGMENT Khojoyan and Vardazaryan v, Azerbaijan 04.11.2021 (app. no. 62161/14) see here SUMMARY Right to life. Prohibition of torture. Right to freedom and security. The applicants alleged that their father, an Armenian elderly man accused of being part of an armed group, was tortured during his captivity in Azerbaijan, with beatings including beatings, burning with […]
JUDGMENT W.A. v. Switzerland 02.11.2021 (app. no. 38958/16) see here SUMMARY The case concerned the ordering of preventive detention in respect of W.A. – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The Court found in essence that by this detention, ordered in a reopening […]
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