inhuman and degrading treatment

Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the Convention

JUDGMENT Saidani v. Germany 27.09.2018 (no.  17675/18) see here SUMMARY The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. The Court found that there was a real risk that […]

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φυλακές

Öcalan and Turkish prisons. An unexpected outcome

JUDGMENT  Öcalan v. Turkey  27.09.2018 (no.  12261/10) see here SUMMARY The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation). As regards the allegations of […]

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Detention pending deportation to a police station

JUDGMENT  S.Z. v. Greece 21.06.2018 (no. 66702/13) see here   SUMMARY  Temporary detention at a police station pending expulsion. Violation of Article 3 for degrading treatment of prison conditions in the police station, Article 5 § 1 (f) (right to liberty and security) because detention was arbitrary and Article 5 § 4 due to lack of […]

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No fair trial if steps not taken to compensate for lack of possibility to test the credibility of direct witnesses

JUDGMENT  T.K. v. Lithuania 12.06.2018 (no. 14000/12) see here SUMMARY  The case concerned the applicant’s glasses being taken away from him for several months during criminal proceedings against him and his being prevented from examining key witnesses, particularly his former partner. The Court found that the length of time he had been left without spectacles, […]

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Mistreatment and police violence in a police station. Degrading treatment

JUDGMENT  Khani Kabbara v. Cyprus 5.6.2018 (no. 24459/12) see here SUMMARY  Mistreatment by police officers during detention at a police station. An ineffective complaint investigation by the authorities. Infringement for degrading treatment (Article 3). PROVISION  Article 3 THE DECISION OF THE COURT  The applicant, Hani Abdul Khani Kabbara, is a Canadian national who was born […]

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Exercise of violence and abuse by his former wife and adult children

JUDGMENT  Dornean v Republic of Moldova 29.05.2018 (no. 27810/07) see here SUMMARY Complaint regarding abuse by his former wife and his adult children. No research. Infringement of Article 3 (prohibition of inhuman or degrading treatment) because there has been no effective investigation into allegations of ill-treatment. PROVISION  Article  3 PRINCIPAL FACTS  The applicant, Leonid Dornean, […]

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