inhuman and degrading treatment

Complaint of asylum seekers for accommodation in tents in a camp parking lot and for lack of financial assistance! Unproven allegations. Non-violation of the ECHR

JUDGMENT B.G. and others v. France 10.09.2020 (app. no. 63141/13) see here  SUMMARY The case concerned the accommodation of asylum-seekers for several months in a tent camp set up on a carpark in Metz and the question whether they had received the material and financial support provided for by domestic law. Applicants 1 to 12 […]

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Immobilization of a mentally ill person in a hospital bed for 23 hours. Continuation of the measure of physical restraint without sufficient justification, violated the ECHR.

JUDGMENT Aggerholm v. Denmark 15-9-2020 (app. no. 45439/18) see here  SUMMARY The case concerned a complaint by a schizophrenic man about being strapped to a restraint bed in a psychiatric hospital for nearly 23 hours, one of the longest periods of such immobilisation ever examined by the European Court. Given the context and the applicant’s […]

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Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020  (app. no. 69460/12) see here  SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

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Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020  (app. no.  20649/18) see here   SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of ​​their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

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Women’s prisons in Eleona Thebes. Detention conditions for HIV / AIDS detainees are satisfactory. Conviction for ineffective remedies

JUDGMENT Dikaiou and others v. Greece 16.07.2020 (no. 77457/13) see here  SUMMARY Conditions of detention of six HIV / AIDS applicants, held in the Eleona Thebes women’s prison before or after their irrevocable conviction. Lack of effective remedies by which they could terminate these conditions. The Court found that the general conditions of detention of […]

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Violent arrest by police. Videotape damage for the event. Insufficient investigation and violation of the procedural part of Article 3 of the ECHR

JUDGMENT Posa v. Hungary 07.07.2020 (app. no. 40885/16) see hre   SUMMARY Corporal violence by police officers. Destruction of video recording of the incident and disappearance of a forensic report. Insufficient research. Violation of procedural part of Article 3 of the ECHR. During his arrest, the applicant, accused of robbery, was dragged to the ground by […]

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Asylum seekers lived on the streets for several months without financial assistance despite legal provisions. Humiliating treatment from France

JUDGMENT N.H. and others v. France 02.07.2020 (app. no.28820/13, 75547/13 and 13114/15) see here  SUMMARY The applications concerned five asylum-seekers, single men, living in France. They complained that they had been unable to receive the material and financial support to which they were entitled under French law and had thus been forced to sleep rough […]

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Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

JUDGMENT George-Laviniu  Ghiurău v. Romani 16.06.2020 (no.  15549/16) see here  SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

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Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR

JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]

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