inhuman and degrading treatment

Asylum request for members of a religious community. Rejection due to an unproven risk of inhumane or degrading treatment

JUDGMENT A.S.N. and others v. The Netherlands 25.2.2020 (no.  68377/17 and 530/18) see here  SUMMARY The applicants in both applications are families with minor children, originally from Afghanistan and belonging to the religious community of Sikhs. Citing fears of persecution because of their religious beliefs, they fled to the Netherlands where they sought asylum. Their […]

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φυλακές

Inadequate detention conditions are degrading treatment. ECtHR proposals to restrict temporary detention

JUDGMENT Sukachov v. Ukraine 30.01.2020 (no.  14057/17) see here  SUMMARY Detention conditions, inhumane and degrading treatment. Systemic problem and ECHR intervention. The applicant was arrested in 2012 on charges of involvement in terrorist acts, and has been provisionally detained in a Ukrainian detention facility until 2018, when he was convicted and sentenced to 12 years […]

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The authorities’ ineffective investigation into the death of a prisoner violated the right to life. Torture of an Armenian man in a military police department cell

JUDGMENT Saribekyan and Balyan v. Azerbaijan  30.01.2020 (no. 35746/11) see here SUMMARY The case  concerned the death of the applicants’ son, an Armenian citizen, while in military police detention in Azerbaijan. The European Court of Human Rights held that there had been, by five votes to two, a violation of Article 2 (right to life) […]

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The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here  SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

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Failure to suspend expulsion of an allien following judicial remedies violates the European Convention on Human Rights

JUDGMENT D. and others v. Romania 14.01.2020 (no. 75953/16) see here  SUMMARY The case concerned an order for the expulsion to Iraq of an Iraqi national following his conviction in Romania for having facilitated the entry to Romania of persons involved in terrorist activities (a migrant smuggling offence). The European Court of Human Rights held, […]

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Ill treatment of a soldier from a sergeant and from another soldier because he fell asleep on duty consists degrading treatment. Inadequate investigation into same soldier’s death violates procedural aspect of right to life

JUDGMENT Styazhkova v. Russia 14.01.2020 (no. 14791/04) see here SUMMARY The case of Styazhkova v. Russia concerned the applicant’s allegation that the official explanation of suicide for her son’s death during his military service was not convincing. The European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right […]

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φυλακές

Overcrowded cells and the lack of heating consists degrading treatment of the prisoners. Prisoners’ online communication is prohibited due to the existence of other means of communication

JUDGMENT Ciupercescu v. Romania 07.01.2019 (no.  41995/14) see here SUMMARY Conditions of detention in prison and degrading treatment. The applicant has been sentenced to 11 years in prison in various Romanian prisons. He appealed before the domestic courts for detention conditions regarding overcrowding, cell size, humidity, delayed medical care, a ban on online chat with […]

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No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

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