ECHRCaseLaw

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

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.

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The surreptitiously taken photos of the applicant who was the Party Chairman partner at her exit from the hospital violated the respect for private life

JUDGMENT
Dupate v. Latvia 19.11.2020 (app. no. 18068/11)
Photographes taken secretly of mother and newborn child as they leave the maternity clinic and their publication in the media. The applicant was the partner of the President of a political party, who was a public figure. Right to the protection of the privacy of the mother. Balancing privacy and freedom of expression.

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Condemnation of a politician because he did not assist the police in dispersing demonstrations! Violation of freedom of expression

JUDGMENT
Ιmrek v. Turkey 10.11.2020 (app. no. 45975/12)
Criminal conviction of a politician for participating in demonstrations and non-assistance of the police in the dissolution. Freedom of expression.

The applicant was convicted of propaganda in favor of a terrorist organization. The domestic courts based their conviction on his participation in two demonstrations and his lack of assistance to the police in dispersing the protesters. They considered that he did not have the appropriate reaction to the disputed actions of the protesters, that he only had to warn them, that he had not asked the government commissioner to end the demonstration and had not provided the necessary assistance to him and the police for this purpose.

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Refusing to respond to a candidate’s request whether playing a Kurdish song in his election campaign was an offense did not limit or affect the effectiveness of his voting rights

JUDGMENT
Ahmet Yavuz Yılmaz v. Turkey 10.11.2020 (app. no. 48593/07)
Right to be elected. Possibility to play a Kurdish song in the election campaign of a candidate for MP.
The applicant is a lawyer and run in the national elections. He applied to the Electoral Council of his district to clarify if he could play a Kurdish song in his election campaign and if it was illegal, because the election law provided that the election campaign could only take place in Turkish, the The Supreme Court had ruled that the reproduction of a Kurdish song was not illegal. The Council replied that it had no jurisdiction to respond.

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The violent arrest of a lawyer-protester by police constituted degrading treatment. ECHR violations due to arrests and overnight detention of protesters

JUDGMENT
Navalnyy and Gunko v. Russia 10.11.2020 (app. no. 75186/12)
Two protesters were arrested in Bolotnaya Square in Russia in May 2012 during a political demonstration against the government. Their overnight detention in a police station and administrative conviction for violating legal police orders.
One of the protesters, Aleksey Navalnyy, a lawyer and political activist, claimed in his application before the ECtHR that a police officer had used excessive force during his arrest. Both protesters also claimed that their arrest and overnight detention was unjustified and arbitrary, that the administrative proceedings against them were unfair, that the dissolution of the demonstration, their arrest and subsequent conviction were disproportionate and that these violations of their rights were intended to undermine the freedom of assembly.

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The Athens Court of Appeals did not take into account a affidavit that had not been submitted in accordance with the Code of Civil Procedure. Non-violation of access to court as its content emerged from the testimony of a witness at the hearing precedures

The applicants in this case considered that the refusal by the court of appeal and the Court of
Cassation to take account of evidence which they considered as decisive for the outcome of the case
had been excessively formalistic. Those courts had considered that the documents in question had
not been presented to the court of appeal in accordance with the requirements of Article 240 of the
Greek Code of Civil Procedure.

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The non-legislative provision for awarding damages for non-pecuniary damage for illegal detention violated the right of redress under Article 5 par. 5 of the ECHR

Lack of legislation for compensation for non-pecuniary damage due to illegal detention. Right of redress.

The applicant was sentenced to 3 years in prison for drug possession, which he served normally. The appellate court overturned the conviction and ruled that his detention was illegal.

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

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.

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Corporal examinations of a detainee in the anus constitute degrading treatment. Violation of Article 13 for non-provision of legal aid for filing a claim for damages

JUDGMENT
Roth v. Germany 22.10.2020 (app. no. 6780/18 and 30776/18)
Humiliating treatment and the right to compensation. The applicant, being held in a detention center in Germany, was ill-treated during his detention. He underwent at least 12 physical searches in secret parts of his body after he was forced to undress in front of the police. The domestic courts considered the corporal searches to be offensive treatment, however, they considered the recognition of the insult to be sufficient as a justification and refused to provide legal assistance to bring an action for damages.

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Pre trial detention without evidence and reasonable evidence violated the right to liberty and security

JUDGMENT
Myasnik Malkhasyan v. Armenia 15.10.2020 (app. no. 49020/08)
Provisional detention. Lack of evidence and reasonable indications. Deprivation of liberty without legal reason.
The applicant took part in political rallies. He was arrested and temporarily detained for more than 6 months without reasonable evidence for the charge specifically attributed to him for attempting to overthrow the regime. He brought an application for violation of the right to freedom and security.

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ECHRCaseLaw

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