ECHRCaseLaw

The temporary placement of a juvenile convicted of drug offences and theft in an open center to prevent him from committing new crimes did not violate his right to liberty and security

JUDGMENT
Reist v. Switzerland 27.10.2020 (app. no. 39246/15)
The case concerned a provisional protective measure ordered against the applicant by the
prosecutor for juvenile offenders, pending the delivery of a judgment replacing an initial measure of
personal assistance which had proved unsuccessful.

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

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.

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The best interest of the child prevails over the right to communication with his mother’s ex-partner!

JUDGMENT
Honner v. France 12.11.2020 (app. no. 19511/16)
The case concerned the refusal to award contact rights to the applicant in respect of the child which
had been born to her former partner in Belgium using assisted reproductive techniques while the
two women were a couple, despite the fact that the applicant had raised the child during his early
years.

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Requiring a prisoner to prove in writing a change of religion and his conversion to Islam in order to remove pork from his diet. Violation of religious freedom

The case concerned a prisoner who had converted to Islam while in detention. He complained of the
refusal of the Romanian authorities to provide him with pork-free meals, in accordance with the
precepts of his religion, unless he furnished proof that he was an adherent of that religion.

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Basketball player and debts of his club. Impossibility of issuing a decision for the payment of the due sum due to contradictory court decisions. Lack of a fair trial, the inability to reach a “resolution” by a court

Right of access to court and fair trial. Impossibility to issue a decision on the merits due to contradictory court decisions.

The plaintiff, a well-known basketball player, wanted to cancel the contract with the club he had signed and claim the amounts owed. He then appealed to the sports arbitration tribunal, which finally awarded the applicant the due sums. The tribunal refused to award the sum.

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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

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.

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Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

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ECHRCaseLaw

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