inhuman and degrading treatment

Detainee’s ill-treatment by law‑enforcement officers. Ineffective investigation. Conviction for inhuman and degrading treatment

JUDGMENT ABISHOV v. AZERBAIJAN 23.03.2023 (app. no. 46419/16) see here SUMMARY Applicant’s alleged ill-treatment by law‑enforcement officers during his arrest and later while in police custody and the lack of an effective investigation in that respect. On 23 October 2015 the applicant had been in a café with an acquaintance, when plain-clothed police officers had […]

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Applicant’s alleged ill-treatment by the police, while under the influence of alcohol. Conviction for degrading treatment!

JUDGMENT BABIĆ v. CROATIA 07.03.2023 (app. no. 45391/16) see here SUMMARY Applicant’s arrest for insulting police officers while under the influence of alcohol. The applicant submitted that he had been punched and kicked by the police officers in the van during the journey to the police station, although he admitted that he had been drunk […]

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Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

JUDGMENT
Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.

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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.

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 […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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An eight-year-old deaf child with intellectual disabilities was tied to his bed in public care “for his own safety”. Inhuman and degrading treatment

JUDGMENT L.R. v. North Macedonia 23.01.2020 (no. 38067/15) see here SUMMARY The case  concerned a child, L.R., who has been in the care of State-run institutions since he was three months old and allegations of inadequate care and ill-treatment. His case came to the notice of an NGO when the Ombudsman visited him in an […]

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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 […]

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Deportation of a minority citizen. Improving human rights and the Strasbourg case law change and approach.

JUDGMENT T.K. and S.R. v. Russia 19.11.2019 (no. 28492/15 and 49975/15) see here  SUMMARY The case  concerned the applicants’ allegation that they risked ill-treatment if extradited to Kyrgyzstan because they belonged to the Uzbek ethnic minority, who have been persecuted by the authorities since inter-ethnic clashes in 2010. The European Court of Human Rights held, […]

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φυλακές

The non investigaton of the applicant’s allegations from the domestic courts regarding ill treatment during pre trial detention is unacceptable in behalf of the Court

JUDGMENT Almaši v. Serbia  08.10.2019 (no.  21388/15) see here  SUMMARY Ill – treatment, unreliable testimony and right to representation. The applicant was arrested for illegal entry and of people smuggling.  At the preliminary investigation stage, he alleged that he had been ill- treated,  resulting in an unreliable testimony and complained that he was not allowed […]

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