κρατούμενοι Archives

The conditions of hygiene and detention of Geneva prisons were according to international standards. 3.39m² the individual space in the cell. No finding of degrading treatment

Article 3
24/11/2020 19:57

JUDGMENT
Bardali v. Switzerland 24.11.2020 (app. no. 31623/17)
The case concerned the applicant’s conditions of detention in Champ-Dollon Prison in the Canton of
Geneva.
The Court found, in particular, that the lack of personal space for the applicant in Champ-Dollon
Prison could not on its own constitute a breach of Article 3 of the Convention. Indeed, the individual
space available to the applicant, less than the 4 m² standard established by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), had to be considered
together with the applicant’s other material conditions of detention in order to determine whether
or not there had been a violation of Article 3.

The non-legislative provision for awarding damages for non-pecuniary damage for illegal detention violated the right of redress under Article 5 par. 5 of the ECHR

Article 5
18/11/2020 13:34

Lack of legislation for compensation for non-pecuniary damage due to illegal detention. Right of redress.

The applicant was sentenced to 3 years in prison for drug possession, which he served normally. The appellate court overturned the conviction and ruled that his detention was illegal.

The conviction for fatal road accident did not violate the ne bis in idem principle because there had previously been a conviction for driving violations. Criminal prosecutions are complementary.

7th P - Article 4
24/10/2020 17:21

JUDGMENT Bajčić v. Croatia 08.10.2020 (app. no. 67334/13) see here SUMMARY The case concerned the applicant’s complaint that he had been tried and punished twice for the same driving offence. In particular, he had first been convicted in minor offence proceedings for speeding and later on in criminal proceedings for causing a fatal road accident. […]

The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

Article 9
22/10/2020 10:59

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

Article 10
25/09/2020 17:29

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

Immobilization of a mentally ill person in a hospital bed for 23 hours. Continuation of the measure of physical restraint without sufficient justification, violated the ECHR.

detainee
15/09/2020 11:04

JUDGMENT Aggerholm v. Denmark 15-9-2020 (app. no. 45439/18) see here SUMMARY The case concerned a complaint by a schizophrenic man about being strapped to a restraint bed in a psychiatric hospital for nearly 23 hours, one of the longest periods of such immobilisation ever examined by the European Court. Given the context and the applicant’s […]

Limited cell space less than 3 sq.m. per person, constitutes degrading treatment. Violation of Article 13 for lack of effective remedy

Article 13
24/07/2020 15:21

.UDGMENT Lautaru and Seed v. Greece 23.07.2020 (ap. no. 29760/15) see here SUMMARY Conditions of detention, supervising prοsdecutor and actual appeal. The applicants were detained in various detention facilities in a limited space of less than 3 sq.m. per person, due to overcrowding in those prisons. They also complained about unsanitary conditions, limited and inadequate […]

The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

Article 2
19/03/2020 18:56

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

Article 3
28/01/2020 07:53

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

The mentally ill offender cannot be deported without sufficient guarantees of effective access to appropriate care.

Article 3
01/10/2019 12:30

JUDGMENT Savran v. Denmark 1/10/2019 (no. 57467/15) see here SUMMARY The case concerned the applicant’s complaint that owing to his mental health his rights would be violated if he were to be returned to Turkey. The Court found in particular that psychiatrists had recommended that the applicant receive close monitoring and follow-up in order […]

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