Friday, 31 May 2013

ECtHR case-law weekly brief (27-31 May 2013)

Ill-treatment by police officers during detention and ineffective subsequent investigation (violation of 3 in Davitidze v. RU)

Ineffective investigation into alleged ill-treatment by police and length of criminal proceedings against the applicant (violation of 3 and 6§1 in Sorokins and Sorokina v. LVA)
 Conditions of detention relating to a special regime implying strict isolation (violation of 3 and 13 in Sabev v. BGR)

Risk of torture and degrading treatment in the event of the applicant’s expulsion to Morocco (violation of 3 in Rafaa v. FR, with continued application of the interim measure until the judgment becomes final or further order)

Failure to protect a mother and her two daughters from the violent and abusive behaviour of their husband and father, a police officer (violation of 3 alone and in conjunction with 14 regarding the mother and violation of 8 regarding the daughters in Eremia v. MLD) 

Unlawful detention following forced hospitalisation and lack of subsequent compensation (violation of 5 §§ 1 and 5 in Baran v. POL)

Lack of prompt information on the reasons for arrest, of speedy examination of the appeal against the detention order and of a fair and public trial in criminal proceedings resulting in the applicant’s acquittal; subsequent detention for participating in a public protest against the authorities (violation of 5 §§ 2 and 4, of 6 §§ 1 and 3 and of 11 examined in light of 10 in Malofeyeva v. RU)

De plano dismissal of the applicant’s request to have her legal capacity restored following improvement in her health (violation of 6§1 in Nataliya Mikhaylenko v. UKR)

Fair trial guarantees relating to the impartiality of a judge having delivered the final judgement on account of him having participated in previous decisive stages of the proceedings (violation of 6§1 in Zeynalov v. AZE)

Lack of access to a lawyer during pre-trial detention and production of evidence in this situation, later used to argument the conviction of the applicant (violation of 6 §§ 1 and 3 in Martin v. EST)

Defamation proceedings following a critical article about a local official (no violation of 6§1 and 10 in OOO ‘Vesti’ and Ukhov v. RU)

Discriminatory restriction for married women precluding them from using just their maiden name (violation of 8 with 14 in Leventoğlu Abdulkadiroğlu v. TUR)

School placements for Roma children amounting to ethnic/racial segregation (violation of 14 with 2 Prot. 1 in Lavida v. GRC)

Lengthy proceedings related to restitution of land in a coastal resort and refusal to provide the due compensation (violation of 1 Prot.1 in Nedelcheva and others v. BGR and inadmissible in Kupenova and others v. BGR, as it related to the provision of alternative means to restitution and not compensation)

Repetitive cases – non-enforcement of final domestic decisions (SRB), length of pre-trial detention (TUR), length of proceedings (HUN, TUR)

The Court’s related press releases:
Nedelcheva and Others v. BGR and Kupenova and Others v. BGR

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