Saturday, 27 April 2013

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)

Fatal shooting of the applicants’ son by police officers during a scuffle and ineffective ensuing investigation (violation of 2 in Külah and Koyuncu v. TUR)

Ill-treatment by police officers while in custody and ineffective ensuing investigation due to discontinuation for reaching the statutory limit (violation of 3 in Yazıcı and Others (no.2) v.TUR)
Secret unlawful transfer to Tajikistan of a man protected by temporary asylum and interim measures imposed by the Court (violation of 3, 5 § 4 and 34 in Savriddin Dzhurayev v. RU)

Conditions and length of pre-trial detention, inability to effectively challenge it and restricted contact with partner (violation of 3, 5 §§ 3 and 4, 8 and 13 in Hagyo v. HUN)

Conditions of detention, unlawful arrest and lengthy pre-trial detention without a speedy review (violation of 3, 5§§ 1c, 3 and 4 in Lauruc v. RO)

Unlawful pre-trial detention, lengthy review and inadequate compensation for detention in police custody for aiding and abetting an illegal organisation (violation of 5 §§ 1, 4 and 5)

Length of pre-trial detention and inability to challenge it due to lack of access to evidence (violation of 5 §§3 and 4 in Baksza v. HUN)

Unfairness of civil proceedings in a property dispute due to contradictory decisions on the same issue in the case (violation of 6 in Balazoski v. MKD)

Conviction of conspiracy to drug trafficking mainly based on oral statements of the co-accused having alleged ill-treatment in police custody during questioning (violation of 6 § 1 in Erkapic v. CRO)

Breach of the equality of arms principle and lack of notification to attend the appeal hearing in criminal proceedings against the applicant (violation of 6 §§ 1 and 3c in Zahirovic v. CRO)

Breach of defence rights and lack of proper assistance during trial against a minor for aggravated theft (violation of 6 §§ 1 and 3c in Süzer v. TUR)

Criminal conviction based on the prosecution’s witnesses and impossibility for the applicant to question them (violation of 6 §§ 1 and 3d in Yevgeniy Ivanov v. RU)

Shortcomings in proceedings to divest the applicant of her legal capacity and unjustified discontinuation of proceedings against a person having attacked the applicant, on account of lack of express consent of her guardian (violation of 8 in M.S. v. CRO)

Grand ChamberBan on TV and radio of paid political advertising for an NGO campaigning for animal protection (no violation of 10 in Animal Defenders International v. UK)

Repetitive cases – delayed enforcement of final decisions (UKR), length of proceedings (SLO)

The Court’s related press releases:

Judgments 23/04
Judgments 25/04
Canali v. FR
M. S. v. CRO
Savriddin Dzhurayev v. RU
Animal Defenders International v. UK (GC)

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