New Protocol 15 amending the ECHR expected soon

     Draft Protocol 15 to the Convention, as approved last week by the Parliamentary Assembly of the Council of Europe (PACE), will bring the following changes once signed and ratified by the States Parties:
-principle of subsidiarity and doctrine of margin of appreciation - express mention in the Convention Preamble;
-age limit for judges' mandates - extended to 74;
-relinquishment in favour of the Grand Chamber - no longer dependent on the parties' positions;
-time limit for introducing a case - reduced from 6 to 4 months;
-deletion of the safeguard clause concerning the 'no significant disadvantage' criterion.

The Council of Europe PACE News website

ECtHR case-law weekly brief (22-26 Apr 2013)

Conditions of detention - in a facility shut down later on account of extremely dilapidated state (violation of 3 in Canali v. FR) – inadequate medical treatment (violation of 3 in Ildani v. GEO)

ECtHR case-law weekly brief (15-19 Apr 2013)

The authorities’ conduct in Cechnya resultingin the abduction, unlawful detention and death of the applicant’s son, ineffective ensuing investigation and the mental suffering of the applicant (violationof 2,3,5 and 13 in Askhabova v. RU)

ECtHR case-law weekly brief (8-12 Apr 2013)

Death of a pregnant woman due to lack of medical assistance requiring emergency treatment (violation of 2 in Mehmet Şentürk and Bekir Şentürk v. TUR)

ECtHR case-law weekly brief (1-5 Apr 2013)

Ill-treatment in police custody and lack of effective subsequent investigation (violation of 3 in Markaryan v. RU)

ECtHR case-law weekly brief (25-29 Mar 2013)

Pre-trial detention exceeding the final sentence imposed and lack of enforceable right to compensation (violation of 5 § 1 in Asen Kostov v. BLG and violation of 5 § 1 and 5 § 1 and 5 § 5 in Barborski v. BLG)

ECtHR case-law weekly brief (18-22 Mar 2013)

Ill-treatment in high-security prison during clashes with security forces and subsequent ineffective investigation (violation of 3 in Mimtaş v. TUR)

ECtHR case-law weekly brief (11-15 Mar 2013)

Fatal shooting by a gendarme of a passer-by during a demonstration and subsequent ineffective investigation and lengthy proceedings (violation of 2 and 6 § 1 in Aydan v. TUR)

ECtHR case-law weekly brief (4-8 Mar 2013)

Authorities’ negligence in obtaining medical care for the applicant, wounded during a street confrontation with police officers (violation of 3 in Oyğur v. TUR)

ECtHR case-law weekly brief (25 Feb - 1 Mar 2013)

Disappearance of civilians during a military operation and failure by the authorities to carry out an investigation (violation of 2 and 13 in Bozkir and others v. TUR)

ECtHR case-law weekly brief (18-22 Feb 2013)

Impossibility of second-parent adoption in a same-sex relationship in comparison to unmarried different-sex couples (violation of 14 in conjunction with 8 in X and Others v. AT [GC])

ECtHR case-law weekly brief (11-15 Feb 2013)

Police brutality and lack of effective investigation (violation of 2 and 3 in Eduard Popa v. MLD and violation of 3 in Laszlo Karoly v. HUN and in Gülaydın v. TUR)

ECtHR case-law weekly brief (4-8 Feb 2013)

Ill-treatment in police custody and subsequent ineffective investigation of the case; inhuman conditions of detention (severe overcrowding) and censorship of correspondence with lawyer as well as judicial and prosecuting authorities (violation of 3 and 8 in Ipati v. MLD)

ECtHR case-law weekly brief (28 Jan - 1 Feb 2013)

Medical care in detention (violation of 3 in Cirillo v. IT)
Conditions of detention on remand and absence to hearing on review of remand in custody (violation of 3 and 5 § 4 in Catană v. RO)

ECtHR case-law weekly brief (21-25 Jan 2013)

Investigation into suicide while serving prison sentence (no violation of 2 in Mitiç v. SER)

ECtHR case-law weekly brief (15-21 Jan 2013)

Failure to duly account supervisor’s bullying leading to suicide on guard duty during mandatory military service (violation of 2 and 13 in Mosendz v. UKR)
Lengthy and ineffective investigation over disappearance and possible murder (violation of 2 in Slyusar v. UKR)

ECtHR case-law weekly brief (7-13 Jan 2013)

“Agents provocateurs” in drug-related offense proceedings (violation  of 6§1 in Baltins v. LVA)
Proceedings leading to dismissal of Supreme Court judge (violation of 6§1 and 8 in Oleksandr Volkov v. UKR)