inhuman and degrading treatment Archives

Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

Article 10
03/12/2020 16:12

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

Violent beating of a citizen during police control and impunity of police officers due to statute of limitations. Conviction for degrading treatment

Article 3
29/11/2020 08:49

JUDGMENT
Akın v. Turkey 17.11.2020 (app. no. 58026/12)
Citizen beaten by police and serious bodily harm. No police convictions. Humiliating treatment.

The applicant, during a typical identity check from police officers was severely beaten, resulting in severe bodily harm. He filed lawsuits against two police officers. The officers were sentenced to 6 and 5 months in prison respectively. However, no sentence was carried out because until the appeal was heard in the Court of Cassation, the crime of the police officers fell into statute of limitations.

A detainee was compensated with 500 euros for detention conditions in his cell and he was forced to pay 773 euros for the expertise made for the detention conditions! Violation of the ECHR

Article 13
25/11/2020 18:38

JUDGMENT
Barbotin v. France 19.11.2020 (app. no. 25338/16)
The case concerned the compensation awarded to the applicant by the domestic courts in respect of
his conditions of detention in Caen remand prison. The applicant complained of the ineffectiveness
of the compensatory remedy of which he had availed himself, in view of the low amount awarded
and the fact that he had had to pay the expert’s fees incurred to inspect the cells in which he had
been held.

The conditions of hygiene and detention of Geneva prisons were according to international standards. 3.39m² the individual space in the cell. No finding of degrading treatment

Article 3
24/11/2020 19:57

JUDGMENT
Bardali v. Switzerland 24.11.2020 (app. no. 31623/17)
The case concerned the applicant’s conditions of detention in Champ-Dollon Prison in the Canton of
Geneva.
The Court found, in particular, that the lack of personal space for the applicant in Champ-Dollon
Prison could not on its own constitute a breach of Article 3 of the Convention. Indeed, the individual
space available to the applicant, less than the 4 m² standard established by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), had to be considered
together with the applicant’s other material conditions of detention in order to determine whether
or not there had been a violation of Article 3.

The deportation of a homosexual to Gambia without assessing the dangers he faced because of his sexual orientation in that country constitutes degrading treatment

Article 3
17/11/2020 15:22

JUDGMENT
B. and C. v. Switzerland 17.11.2020 (app. no. 43987/16 and 889/19)
Same-sex couple. One of the two partners was in danger of returning to Gambia after his partner’s application was rejected by the Swiss authorities for family reunification. He claimed that he was in danger of being mistreated if he returned.

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

Article 3
13/11/2020 18:03

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.

Deportation before the examination of the legal remedies and despite the judicial suspension of the deportation. Conviction for ineffective appeal and for the procedural part of Article 3 of the ECHR

Article 13
08/11/2020 10:38

Deportation of the applicant to Sudan by the Belgian authorities despite the existence of a court order ordering the temporary suspension of the measure and despite the pending request of the court to release him.

Overcrowding in the prison, personal space of less than 3 sq.m. and lack of heating. Humiliating treatment!

Article 3
07/11/2020 07:57

The case concerned the conditions of detention in Oporto prison (Portugal), where Mr Bădulescu
had been held between October 2012 and March 2019.

Police called lesbian women “sick” and “perverted” and carried out unwarranted physical searches. Conviction for degrading treatment of LGBT people.

Article 14
16/10/2020 18:21

JUDGMENT Aghdgomelashvili and Japaridze v. Georgia 08.10.2020 (app.no. 7224/11) see here SUMMARY Police violence and LGBT community. Police operation in the office of an LGBT organization in Tbilisi. The applicants, who worked for the organization, complained that the police had insulted and threatened them, and that they had been subjected to degrading physical investigations. More […]

Violent three-day beating of a prisoner by police in order for him to confess! Conviction for torture

Article 3
23/09/2020 17:46

JUDGMENT Χ. and Υ. v. Russia 22.09.2020 (app. no. 43411/06) see here SUMMARY Unjustified violence by police officers. Prohibition of torture and illegal detention. The first applicant was arrested at night while he was sleeping in the house of his mother and the second applicant. He was dragged to a local police station, beaten severely […]

inhuman and degrading treatment