inhuman and degrading treatment Archives

Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

Article 3
16/06/2020 06:36

JUDGMENT Z v. Bulgaria 28.05.2020 (no. 39257/17) see here SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

Life prisoners must be isolated for 10 years for 22.5 hours every day and exit the cell only with handcuffs. A systematic problem of humiliating treatment!

Article 3
06/06/2020 17:18

JUDGMENT N.T. v. Russia 02.06.2020 (no. 14727/11) see here SUMMARY The case concerned the applicant’s complaint about routine handcuffing and various aspects of his strict imprisonment regime, which had been applied to him for several years on the sole grounds of his life sentence. The Court found in particular that the Government had neither justified […]

The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

Article 3
04/05/2020 14:54

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

Whipping as a form of punishment is abolished in Saudi Arabia!

Article 3
27/04/2020 15:31

Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]

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

Article 3
03/03/2020 08:04

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 […]

The return of refugees/immigrants who do not abide by the legal procedures does not violate the ECHR

Article 3
18/02/2020 07:55

J0UDGMENT N.D. and N.T. v. Spain 13.02.2020 ( no. 8675/15 and 8697/15). see here SUMMARY The case concerned the immediate return to Morocco of two nationals of Mali and Côte d’Ivoire who on 13 August 2014 attempted to enter Spanish territory in an unauthorised manner by climbing the fences surrounding the Spanish enclave of Melilla […]

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

Article 13
15/02/2020 21:51

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 […]

Paraplegic Prisoner: being carried between two floors constitutes degrading treatment

Article 3
09/02/2020 17:20

JUDGMENT Bayram v. Turkey 04.02.2020 (no. 7087/12) see here SUMMARY The case concerned the conditions of detention of the applicant, who is paraplegic and cannot move around by his own means. The applicant, whose degree of physical incapacity is 92%, received no assistance between 11 April 2011 and 27 April 2011 in Batman Prison. On […]

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

Article 2
03/02/2020 19:51

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) […]

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..

Article 3
31/01/2020 19:34

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 […]

inhuman and degrading treatment