Saturday, 27 April 2013

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)
Ill-treatment by police agents and lack of subsequent effective investigation (violation of 3 in Böber v. TUR, in Dağabakan and Yıldirım v. TUR, in Ochelkov v. RU) and lack of an effective remedy for complaints (violation of 3 and 13 in Iurcu v. MLD)

Removal of failed asylum seekers to Afghanistan would not pose a problem under the Convention (no violation of 3 in H. and B. v. UK with continued application of the interim measure until the judgment is final)

Conditions and excessive length of detention on remand during criminal proceedings for participation in a mass disorder of two members of a political party (violation of 3 and 5 § 3 in Manulin v. RU and in Vyatkin v. RU)

Adequate conditions and length of detention and disproportionate restrictions on family visits (no violation of 3 and 5 § 3 and violation of8 in Kurkowski v. POL)

Detention pending expulsion (violation of 5 in Abdi v. UK for a detention of more than 3 years and no violation of 5 §1 and violation of 5 § 4 in Firoz Muneer v. BEL in the case of a Somali failed asylum seeker)

Unlawful detention and lengthy review of a detention decision of a police officer (violation of 5 §§ 1 and 4 in Shikutav. RU)

Breach of defence rights and lack of a fair trial in criminal proceedings leading to conviction by the court of last instance(violation of 6 § 1 in Flueraş v. RO)

Lack of legal basis under national law for a domestic decision dismissing the applicant’s claims concerning the payment of outstanding holiday days (violation of 6 § 1 in Anđelkovic v. SER)

Lack of adequate legislation regulating the organisation and holding of peaceful demonstrations, requiring urgent reform measures (violation of 6§ 1, 7 and 11 in Vyerentsov with application of Article 46)

Just satisfaction (Article 41) award following prior judgment on merits in 2011 concerning a de facto expropriation of a plot of land (Vergu v. RO)

Repetitive cases – non enforcement of final domestic judgments (UKR), length of proceedings (GR, RU), lack of access to court due to refusal of legal-aid lawyer to lodge a cassation appeal (POL-no violation)

Non exhaustion of the remedy offered by the Compensation Board for applications concerning length of proceedings, lodged before 23 September 2012 but not communicated to the Government, following the indications in the pilot judgment Ummuhan Kaplan (inadmissibility decision in Mudur Turgut v. TUR)

Legitimacy of detention of a prisoner on hunger strike and of decision to force-feed him (inadmissibility decision in Rappaz v. SUI)

The Court’s related press releases:

Mehmet Şenturk and Bekir Şenturk

H. and B. v. UK

Abdi v. UK

Vyerentsov v. UKR Ukrainian

Judgments 9 April

Judgments 11 April

Decision Mudur Turgut and Others v. TUR Turkish

Decision Rappaz v. SUI

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