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Personal space in multi-occupancy cell and prison overcrowding
['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant was born in 1987 and lives in Kuršanec.', 'A. Background to the case', '10. In a judgment of the Čakovec County Court ( Županijski sud u Čakovcu ) of 19 June 2008, upheld by the Supreme Court ( Vrhovni sud Republike Hrvatske ) on 3 February 2009, the applicant was ...
The Court confirmed that 3 sq. m of surface area per detainee in a multi-occupancy cell was the prevalent norm in its case-law, being the applicable minimum standard for the purposes of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. When that area fell below 3 sq. m, the lack of personal s...
452
Treatment of disabled prisoners
['I. THE CIRCUMSTANCES OF THE CASE', 'A. Facts submitted at the time of the application', '5. The applicant, who was born in 1972, is serving a thirty-year prison sentence imposed on 31 May 2007 by the Meurthe - et - Moselle Assize Court for murder, attempted murder and assault involving the use or threatened use of a ...
The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It found in particular that, although the applicant’s continuing detention did not in itself constitute inhuman or degrading treatment in the light of his disability, the inadequacy of the phys...
394
Medical care / treatment during hunger strike
['I. THE CIRCUMSTANCES OF THE CASE', '6. The applicant was born in 1972 and lives in Vienna. At the time of the events he was a national of the former Socialist Federal Republic of Yugoslavia. By the time of lodging the application he had obtained Austrian citizenship.', 'A. The events at issue', "7. On 28 April 1994 t...
The Court noted in particular that the applicant, who had already been on hunger strike (with the risks that that implied such as loss of consciousness) for three weeks, had been placed in solitary confinement based on the assessment of a paramedic who had received only basic training, and had been refused access to a ...
900
Persons arrested or under criminal prosecution
['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicants are brothers. Mr Amir and Damir Khuzhin were twins born in 1975 and Mr Marat Khuzhin was born in 1970. They all live in the town of Glazov in the Udmurtiya Republic of the Russian Federation. On 19 June 2006 Mr Damir Khuzhin died in an accident.', 'A. Arrest of th...
The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that, in the circumstances of the present case, the release of the first applicant’s photograph from the criminal file to the press had not pursued any of the legitimate aims enumerated in paragrap...
295
Victims of terrorist acts
['THE CIRCUMSTANCES OF THE CASEThe background to the case', 'The background to the case', 'The background to the case', '5. The applicants are the children of Lieutenant Colonel Ramón Romeo, who died following an attack carried out on 19 March 1981 in Bilbao (Spain) by a commando unit claiming to belong to the terroris...
The Court held that there had been a violation of Article 2 (right to life) of the Convention under its procedural aspect (effective investigation). Observing, firstly, that a risk to the person whose surrender was requested of being subjected to inhuman or degrading treatment could constitute a legitimate ground for r...
778
Medical negligence and liability of health professionals
['I. THE CIRCUMSTANCES OF THE CASE', '10. The applicants, Franja and Ivan Šilih, were born in 1949 and 1940 respectively and live in Slovenj Gradec.', "11. On 3 May 1993, at some point between midday and 1 p.m., the applicants'twenty-year-old son, Gregor Šilih, sought medical assistance in the Slovenj Gradec General Ho...
The Court held that there had been a violation of Article 2 (right to life) of the Convention on account of the inefficiency of the Slovenian judicial system in establishing the cause of and liability for the death of the applicant’s son. It observed in particular that the criminal proceedings, and notably the investig...
225
(Suspected) terrorists
"['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1970 and is currently being held(...TRUNCATED)
"The Court held that the applicant’s extradition to the United States entailed a violation of Arti(...TRUNCATED)
558
Way of life, forced evictions and alternative accommodation
"['I. THE CIRCUMSTANCES OF THE CASE', '7. The individual applicants are mostly travellers ( gens du (...TRUNCATED)
"The Court held that there had been a violation of Article 8 (right to respect for private and famil(...TRUNCATED)
90
Taking of children into care
"['I. THE CIRCUMSTANCES OF THE CASE', '10. The applicants are German nationals who were born in 1966(...TRUNCATED)
"The Court held that there had been a violation of Article 8 (right to respect for private and famil(...TRUNCATED)
305
Prevention of terrorism
"['THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1969.', '6. At the relevant time sh(...TRUNCATED)
"The Court held that there had been no violation of Article 8 (right to respect for private and fami(...TRUNCATED)
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