Saturday, 27 April 2013

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)

Inadequate medical care in detention (violation of 3 ad 8 in Andrey Gorbunov v. RUS)

Risk of ill-treatment in the event of an extradition to Uzbekistan, unlawfulness and the excessive length of detention pending extradition (no violation of 3, no violation of 5 § 1(length of detention), partial violation of 5 § 1 (lawfulness of detention), no violation of 5 § 1 (f)  in Bakoyev v. RUS)

Removal to Uzbekistan of an activist of an ilegal religious organisation, unlawful detention pending extradition and inability to obtain its review; lack of prompt information in a relevant language of the reasons for the arrest and the charges; disregarding the interim measure indicated by the European Court of Human Rights (violation of 3, 5 §§ 1, 2, 4 and 34 in Zokhidov v. RUS).

Ill-treatment of an animal welfare activist by the police following his arrest (no violation of 3 in OtaĊĦević v. SER)
Inadequate medical care in detention (no violation of 3 in Bubnov v. RUS and violation of 3 in Gurenko v. RUS and in Mkhitaryan v. RUS)
Arrest and pre-trial detention and lengthy review of lawfulness of detention (no violation of 5 § 3 and a violation of 5 § 4 in Mkhitaryan v. RUS)

Excessive length of tort proceedings and prolonged non-enforcement of the ensuing judgment (violation of 6 and of 1 Prot. 1 in Pashov and others v. BGR)

No punishment without law principle (no violation of 7 in Martirosyan v. ARM)

Refusal to grant inheritance rights to a child “born of adultery” (no violation of 14 taken in conjunction with 1 of Prot. 1, no separate issue under 8 in Fabris v. FR)

Repetitive cases: excessive length of proceedings (RO, SVK), excessive length of civil proceedings and lack of an effective remedy (BGR), expropriation of land for construction of a road and length of the relevant proceedings ( IT)

The Court’s related press-releases:
Zokhidov v. RU
Fabris v. FR

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