JUDGMENT Baş v. Turkey 03.03.2020 (no. 66448/17) see here SUMMARY The case concerned the pre-trial detention of Mr Baş, a judge at the time, following the attempted coup of 15 July 2016. The Court found that according to the case-law of the Court of Cassation, a suspicion of membership of a criminal organisation could be […]
freedom and security
Jehovah’s Witnesses are entitled to preach their religion and distribute their books. Illegal detention
JUDGMENT Nasirov and others v, Azerbaijan 20.02.2020 (no. 58717/10) see here SUMMARY The applicants are nationals of Azerbaijan and Jehovah’s Witnesses. All the applicants were transferred to police stations after attempting to preach door to door on their religion, and were held administratively without official registration for at least 3 hours because of distributing religious […]
Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations
JUDGMENT Khadija Ismayilova v. Azerbaijan 25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]
The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.
JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]
Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation. Violation of the ECHR
JUDGMENT Venet v. Belgium 22.10.2019 (no. 27703/16) see here SUMMARY The case concerned proceedings in which Mr Venet unsuccessfully challenged his pre-trial detention. He complained that he had been unable to attend the Court of Cassation’s hearing on his appeal against his pre-trial detention or to respond to the submissions of the advocate-general, as he […]
The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.
JUDGMENT I.L. v. Switzerland 3.12.2019 (no. 72939/16) see here SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]
The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.
JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]
The restriction of asylum seekers to an airport transit zone for a long time under miserable conditions violated the ECHR.
JUDGMENT Z.A. and others v. Russia 21/11/2019 (no. 61411/15) see here SUMMARY Four men were held in the Moscow airport transit zone for a long time while authorities were examining their asylum applications. None of them, in the end, remained in Russia. Unanimous violation of the right to liberty and security and the prohibition of […]
Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!
JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here SUMMARY The case concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]