freedom and security Archives

In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

Article 3
21/07/2019 15:49

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here SUMMARY Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

Article 5
20/07/2019 17:34

JUDGMENT Tim Henrik Bruun Hansen v. Denmark 09.07.2019 (no. 51072/15) see here SUMMARY Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

7th P - Article 1
18/06/2019 12:05

JUDGMENT Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here SUMMARY Extradition of five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

Inadmissibility appications before the ECtHR if similar allegations have been lodged before other jurisdictions, such as the Working Group on Arbitrary Detention of the United Nations Human Rights Council.

article 35
17/06/2019 18:32

JUDGMENT Doğan and Çakmak v. Turkey 06.06.2019 (no. 28484/10 and 58223/10) see here SUMMARY Inadmissible applications because the applicants had already filed a similar complaint before another jurisdiction. Attempt of a military coup in Turkey. The Court found that the actions brought by the applicants were essentially the same as the petitions submitted to the […]

The Greek adventure of minor refugees. Degrading conditions of detention in police stations

Article 3
13/06/2019 16:04

JUDGMENT Sh.D and Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia (no. 14165/16) see here SUMMARY Detention conditions for minors and degrading treatment. Detention conditions in Greece, five unaccompanied minors from Afghanistan. With regard to the complaints against Greece under Articles 3 and 5 § 1 of the ECHR, the Court considered […]

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

Article 5
13/05/2019 18:33

JUDGMENT Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

Article 5
09/05/2019 18:00

JUDGMENT Mityanin and Leonov v. Russia 07.05.2019 (no. 11436/06 and 22912/06) see here SUMMARY Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was described as guilty. The European Court of […]

The confinement of a detainee to a security wing for preventive protection of third parties and without legislative provision violates the right to freedom (Article 5 § 1 of the ECHR)

Article 5
04/05/2019 18:42

JUDGMENT Τ.Β. v. Switzerland 30.04.2019 (no. 1760/15) see here SUMMARY The case concerns the applicant’s “placement for assistance purposes” in the period from April 2014 to April 2015. The Court observed that the applicant had been placed in the security wing of the prison solely on the ground that he represented a danger for others. […]

The unwarranted dissolution of a demonstration without warning for the dissolution and the unjustified use of force violated the right to freedom of assembly

Article 11
27/04/2019 20:02

JUDGMENT Ter-Petrosyan v. Armenia 25.04.2019 (no. 36469/08) see here SUMMARY Right to assembly. Dissolving the demonstration led by the former Armenian President and opposition leader. The protest was about election fraud. According to the ECtHR, the right to freedom of assembly was violated, since the dissolution was unjustified, there was no warning for its dissolution […]

European arrest warrant and the ECHR.

Article 5
19/04/2019 18:29

JUDGMENT Β.Α.Α. v. Romania 18-04-2019 (no. 70621/16) see here SUMMARY Complaint of the applicant concerning an arrest warrant issued by the Romanian authorities. The Court considered that the authorities complied with the ECHR criteria when issuing an arrest warrant against the applicant, which eventually took place in the United Kingdom under a European arrest warrant. […]

freedom and security