freedom and security Archives

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.

Article 3
26/11/2019 17:11

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.

Article 3
25/11/2019 18:38

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!

1st P - Article 1
24/11/2019 12:27

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 […]

Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

Article 5
07/11/2019 20:57

JUDGMENT Porchet v. Switzerland 7.11.2019 (no. 36391/16) see here SUMMARY The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

Article 13
23/10/2019 09:24

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

7th P - Article 4
12/10/2019 17:30

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

The domestic remedies available to detained migrants in emergency reception centers in Greece were neither accessible nor sufficient.

Article 3
04/10/2019 06:41

JUDGMENT Kaak and others v. Greece 3/10/2019 (no. 34215/16) see here SUMMARY The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be […]

Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

1st P - Article 2
19/09/2019 16:05

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is in economic […]

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

Article 5
09/09/2019 08:48

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

Article 13
23/07/2019 16:36

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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