freedom and security Archives

Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

Article 13
07/08/2020 07:41

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

Prohibition of request for release from prison for two months violated the right to personal liberty and security

Article 5
27/07/2020 09:32

JUDGMENT Dimo Dimov and others v. Bulgaria 07.07.2020 ( no. 30044/10) see here SUMMARY Legality of pre-trial detention, reason for the decision and right of actual appeal. The applicants were arrested and remanded in custody on charges of extortion. They made many requests for release which were rejected without justification and were released only when […]

The repatriation of a foreigner who did not substantiate his allegations did not violate the ECHR. Violation due to insufficient research and no granting of an interpreter.

Article 3
18/06/2020 06:52

JUDGMENT M.S v. Slovenia and Ukraine 11.06.2020 (no. 17189/11) see here SUMMARY Asylum applicant, rights of legal representation in a language understood by the applicant, procedural obligations of the State. The applicant, passing through Ukraine illegally, was arrested at the Slovak border. Return to Ukraine as the head of the first host country, where he […]

Coup in Turkey. Temporary detention of Judge as suspected terrorist member violated ECHR

Article 5
08/03/2020 15:04

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 […]

Jehovah’s Witnesses are entitled to preach their religion and distribute their books. Illegal detention

Article 5
29/02/2020 17:46

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

article 18
28/02/2020 21:29

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.

Article 5
11/01/2020 18:31

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

Article 5
07/01/2020 08:59

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.

Article 5
04/12/2019 20:22

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 arrest of a well-known opposition activist, his detention and his confinement in a metal cage in court have violated the ECHR.

Article 3
02/12/2019 19:24

JUDGMENT Natig Jafarov v. Azerbaijan 7-11-2019 (no. 64581/16) see here SUMMARY Human rights defenders and the ECHR. Arrest of a prominent activist, his temporary detention and confinement in a metal cage in court. His case is similar to that of other opposition and civil society activists in Azerbaijan, cases that the Court has already dealt […]

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