inhuman and degrading treatment

φυλακές

The penalty of life imprisonment when there is no prospect of release of the detainee and the possibility of re-examining the sentence constitutes inhuman and degrading treatment

JUDGMENT Petukhov v. Ukraine 12-3-2019(n. 2) (no. 41216/13) see here SUMMARY The case mainly concerned a prisoner’s complaint that Ukrainian law did not provide for release on parole for life prisoners. Mr Petukhov, the applicant, has been serving a life sentence since 2004. The  European Court of Human Rights held, unanimously, that there had been […]

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Unacceptable and humiliating treatment of unaccompanied minors by Greek state authorities and illegal deprivation of their liberty. Violations of Greece

JUDGMENT H.A. and others v. Greece 28.02.2019 (no. 19951/16) see here SUMMARY The case concerned the placement of nine migrants, unaccompanied minors, in different police stations in Greece, for periods ranging between 21 and 33 days. The migrants were subsequently transferred to the Diavata reception centre and then to special facilities for minors. The Court found, […]

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The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.

JUDGMENT M.A. and others v. Lithuania  11.12.2018 (no. 59793/17) see here  SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]

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The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

JUDGMENT  Isayeva v. Ukraine 4.12.2018 (no.  35523/06) see here   SUMMARY  Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

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Police repression of a demonstration and shooting with rubber bullets is a degrading treatment towards demonstrators.

JUDGMENT  Kılıcı v. Turkey 27.11.2018 (no. 32738/11) see here SUMMARY  Police violence and demonstrations. Demonstration against commercialization and privatization of water. Police attack on demonstrators with the firing of rubber bullets and tear gas. Violation of the prohibition of degrading treatment. PROVISION Article 3 PRINCIPAL FACTS  The applicant, Kadri Kılıcı, is a Turkish national who […]

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Ρομά

Attacks against Roma by members of the local community. Failure to take appropriate protective measures by the police and inadequate investigation have violated the ECHR.

JUDGMENT Burlya and others v. Ukraine 6.11.2018  (no. 3289/10) see here SUMMARY Expulsion and pillage of a Roma village in Ukraine. Lack of measures to protect homes and no objective explanation of the facts. The passivity of the police during the attack, coupled with the village council resolution on the persecution of the Roma community, […]

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Police officers forced two women in a police station to strip-naked. The lenient sentences imposed on them are incompatible with the explicit prohibition of police ill-treatment

JUDGMENT  O.R. and L.R. v. the Republic of Moldova 30.10.2018 (no. 24129/11) see here  SUMMARY  Arrest of two women after a demonstration. Police officers at the police station forced them to strip naked and do sit-ups. After many years of prosecution, both police officers were convicted of torture by the applicants with the minimum sentence […]

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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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φυλακές

The detention of a detainee in the isolation cell for 7 days as a disciplinary measure does not consist degrading treatment

JUDGMENT Mazziotti v. France 11.10.2018 (no. 65089/13) see here SUMMARY The case concerned the imposition of a disciplinary measure on a prisoner who was found in possession of a mobile phone. The Court acknowledged the validity of the disciplinary reasons for the sanction and its necessity on security grounds. It observed that the length of […]

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