inhuman and degrading treatment

Activist mistreated in detention center. Arbitrary extension of the applicant’s detention. Violation of right to personal freedom

JUDGEMENT AYYUBZADE v. AZERBAIJAN 02.03.2023 (app. no. 6180/15) see here SUMMARY Arrest and pre-trial detention of an opposition activist. On several occasions during his detention, the applicant was handcuffed for allegedly breaching the disciplinary rules. He also participated in an unauthorised demonstration against bureaucratic injustices. Shortly after it had started, the demonstration was dispersed by […]

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The acceptance of statements obtained by police mistreatment as evidence renders the process unfair, regardless of whether their use was decisive for the conviction of the accused!

JUDGMENT TRACHUK v. UKRAINE 02.03.2023 (app. no. 24413/13) see here SUMMARY The case concerns allegations, under Article 3 and Article 6 § 1 of the Convention, that the applicant was ill-treated by officers of the Kramatorsk police, that her relevant complaint was not properly investigated and that her testimony given as a result of the ill-treatment was used […]

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Applicant’s repeated ill-treatment with inhuman torture! Violation of procedural and substantive limb of Article 3 of the Convention

JUDGMENT OCHIGAVA v. GEORGIA 16.02.2023 (app. no. 14142/15) see here  SUMMARY Systematic ill-treatment of the applicant in Tbilisi Prison no. 8 (“Gldani Prison”). Systemic abuse of inmates. Ineffective investigation by the domestic authorities. The applicant was arrested on suspicion of having committed a robbery, an offence of which he was subsequently convicted. He complained that […]

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Inadequate conditions of detention of a detainee with physical disabilities. Improper medical care. Conviction for degrading treatment

JUDGMENT MACHINA v. THE REPUBLIC OF MOLDOVA 17.01.2023 (app. no. 69086/14) see here SUMMARY Inadequate medical care in prison for an inmate with severe motor disabilities and an infection with HCV which allegedly occurred in prison (Article 3 of the Convention). The applicant, who has suffered from spastic paraplegia (muscle weakness and stiffness affecting the […]

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Arbitrary abduction and deportation of those accused of political extremism. Violation of personal freedom

JUDGMENT A.Y. AND OTHERS v. RUSSIA 17.01.2023 (app. nos. 29958/20 and 2 others) see here  SUMMARY The applicants, A.Y. and F.K. were expelled, while F.K. was abducted and force-transferred to Tajikistan, without any formal investigation. The pre-trial detention of the applicants was ordered in absentia, and international search warrants were issued by the national authorities of […]

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Interim measures against Belgium by the ECHR obliging the state to provide accommodation to 160 adult male asylum seekers!

JUDGMENT Al-Shujaa and others v. Belgium and Niazai v. Belgium 16.12.2022 (app. no. 52208/22 and 142 others and 55140/22 and 16 others) SUMMARY On 13 December 2022, the European Court of Human Rights examined requests for interim measures submitted in accordance with Article 39 of the Rules of the Court by applicants who, having submitted […]

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The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

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Ineffective investigation of allegations of child sexual abuse in an orphanage. Violation of the procedural part of Article 3 of the ECHR.

GRAND CHAMBER JUDGMENT X and others v. Bulgaria 2.2.2021 (no. 22457/16) see here SUMMARY The case concerned allegations of sexual abuse committed against three children in a Bulgarian orphanage prior to their adoption by an Italian couple in June 2012, the European Court of Human Rights held : – that the applicants, owing to their […]

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φυλακές

Complaints of degrading treatment in prisons must include a detailed and adequate description of the circumstances and events

JUDGMENT
Melnikov v. Ukraine 22.10.2020 (app. no. 66753/11)
Humiliating treatment and detention conditions. The applicant was convicted of serious offenses (intentional homicide, kidnapping, robbery, theft, etc.) and was sentenced to life imprisonment and 15 years in prison.
He complained about the conditions of his detention in the prisons, stating that the personal space in his cell was 2.5 sq.m. and generally that there was an overcrowding of prisoners. He also complained about the way his sentences were calculated.
The ECtHR ruled that his allegations were vague and unproven. According to the Court, the applicants must provide a detailed and sufficient description of the facts and situations which they complain about regarding prison conditions and which do not have sufficient general objections, as in the present case. It also considered that the applicant had not substantiated his action in the part concerning the calculation of the penalties and the breach of Article 7 of the ECHR.

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ECHRCaseLaw
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