freedom and security Archives

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

Article 5
11/01/2019 16:49

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

The unjustified provisional detention of a journalist violated his right to freedom and security.

Article 5
08/12/2018 16:52

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

The preventive detention and arrest of hooligans and the European Convention of Human Rights

Article 5
23/10/2018 17:18

JUDGMENT S., V. and Α. v. Danmark 22.10.2018 (no. 35553/12, 36678/12 and 36711/12) see here SUMMARY The case concerned the applicants’ detention on 10 October 2009 for over seven hours when they were in Copenhagen to watch a football match between Denmark and Sweden. The authorities detained the applicants in order to prevent hooligan violence. […]

Lawyers and human rights defenders under the protection of the ECHR

Article 5
20/09/2018 12:15

JUDGMENT Aliyev v. Azerbaijan 20.09.2018 (no. 68762/14 and 71200/14) see here SUMMARY Lawyers-human rights defenders. An lawyer is arrested and detained for financial irregularities by the legal organization he was the chairman. Infringement of the right to liberty and security as he was deprived of his liberty without valid indications of guilt and the domestic […]

Russia committed multiple violations of the European Convention owing to Pussy Riot punk band convictions and imprisonment

Article 10
12/09/2018 13:29

JUDGMENT Mariya Alekhina and othersv. Russia 17.07.2018 (no. 38004/12) see here SUMMARY The case Mariya Alekhina and Others v. Russia (application no. 38004/12) concerned the conviction and imprisonment of three members of the Pussy Riot punk band for attempting to perform one of their protest songs in a Moscow cathedral in 2012. The courts ruled […]

Small amounts of compensation for longer detention periods in prisons violate the ECHR

Article 5
12/09/2018 11:53

JUDGMENT Vasilevskiy and Bogdanov v. Russia 10.07.2018 (no. 52241/14 and no. 74222/14) see here SUMMARY The case concerned the applicants’ complaint about the negligible amount of compensation they had been awarded for wrongful imprisonment. The Court found in particular that the domestic awards were the equivalent of 7 euros and 2.70 euros per day of […]

Detention for rape and sexual abuse of a minor. No immediate examination before a judge after his arrest and failure to examine promptly the replacement of the provisional detention

Article 5
12/09/2018 10:15

JUDGMENT Krassas v. Greece 28.6.2018 (no. 45957/11) see here SUMMARY Arrest a father after a complaint about rape and sexual abuse of his minor daughter. The applicant complained that he had not been brought before a judge immediately and that his request for release on bail had not been dealt with ‘within a short time’. […]

Psychiatric evaluation and confinement in a psychiatric hospital without consent.

Article 5
12/09/2018 08:57

JUDGMENT D.R. v. Lithuania 26.06.2018 (no. 691/15) see here SUMMARY Complaint for referral to psychiatric assessment and imprisonment in a psychiatric hospital unintentionally. Ignorance of reasons that led to an assessment of the mental state and illegal hospitalization because the domestic courts did not examine in person. Infringement of Article 5 § 1 (Freedom and […]

Detention pending deportation to a police station

Article 3
12/09/2018 08:40

JUDGMENT S.Z. v. Greece 21.06.2018 (no. 66702/13) see here SUMMARY Temporary detention at a police station pending expulsion. Violation of Article 3 for degrading treatment of prison conditions in the police station, Article 5 § 1 (f) (right to liberty and security) because detention was arbitrary and Article 5 § 4 due to lack of […]

Investigation of a paedophile ring: violation of the right to liberty and security of a former MP held in pre-trial detention

Article 5
11/09/2018 12:02

JUDGMENT Fernandes Pedroso v. Portugal 12.6.2018 (no. 59133/11) see here SUMMARY The case concerned a criminal investigation into a paedophile ring, and in particular the pre-trial detention of a former Socialist Party MP, Mr Fernandes Pedroso, who had been suspected of having had sexual relations with minors accommodated by the Casa Pia institution, a public […]

freedom and security