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)

ECtHR case-law weekly brief (20-24 May 2013)

Inappropriate medical care in detention for a HIV diagnosed detainee (violation of 3 in E.A. v. RU)

ECtHR case-law weekly brief (13-17 May 2013)

Lack of appropriate medical care during pre-trial detention, impossibility for the applicant to complain about this situation and unlawfulness of pre-trial detention (violation of 3, 5 § 1 and 13 in Barilo v. UKR) 

ECtHR case-law weekly brief (6-10 May 2013)

Lengthy criminal proceedings against the applicant for aiding and abetting an illegal organisation (violation of 6 § 1 and 13 in Erdoğan Çoban v. TUR)

Regulation restricting the voting in the Parliamentary elections for those resident outside of the UK for more than 15 years not in breach of the right to free elections (no violation of 3 Prot. 1 in Shindler v. UK)

The Court's related press release:
http://hudoc.echr.coe.int/sites/eng-press/pages/search.aspx?i=003-4350682-5218120

ECtHR case-law weekly brief (29 Apr - 3 May 2013)

Ill-treatment by police officers during criminal proceedings against the applicant and ineffective ensuing investigation (violation of 3 in Samartsev v. RU)

Poor conditions of detention (violation of 3 in Ion Ciobanu v. RO)

Arbitrary detention of Ukraine’s former Prime Minister, lack of proper review of the lawfulness of the measure, lack of possibility to seek compensation and restrictions on the use of her rights applied for other purposes than the ones set out, on account of the detention having mainly served as punishment for her contemptuous behaviour in court (violation of 5 §§ 1, 4 and 5 and of 18 in Tymoshenko v. UKR; no violation of 3 concerning ill treatment allegations due to the applicant’s hindrance in the ensuing investigation at national level)

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)