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Personal space in multi-occupancy cell and prison overcrowding
II. RELEVANT DOMESTIC LAW AND PRACTICE A. Relevant domestic law 1. Constitution 41. The relevant provisions of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette nos. 56/1990, 135/1997, 8/1998, 113/2000, 124/2000, 28/2001, 41/2001, 55/2001, 76/2010, 85/2010 and 5/2011) read as foll...
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
II. RELEVANT DOMESTIC LAW AND PRACTICE A. Suspension of the execution of a sentence on medical grounds 27. Article 720-1-1 of the Code of Criminal Procedure was worded as follows at the material time: “Unless there is a serious risk of reoffending, suspension may also be ordered, regardless of the nature of the sentenc...
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
"II. RELEVANT DOMESTIC LAW 44. The Police Prison Internal Rules ( Polizeigefangenenhaus-Hausordnung (...TRUNCATED)
"The Court noted in particular that the applicant, who had already been on hunger strike (with the r(...TRUNCATED)
900
Persons arrested or under criminal prosecution
"II. RELEVANT DOMESTIC LAW 65. The Criminal Code provides that torture is punishable with up to seve(...TRUNCATED)
"The Court held that there had been a violation of Article 8 (right to respect for private life) of (...TRUNCATED)
295
Victims of terrorist acts
"THE LAW ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 29. The applicants alleged a violation of (...TRUNCATED)
"The Court held that there had been a violation of Article 2 (right to life) of the Convention under(...TRUNCATED)
778
Medical negligence and liability of health professionals
"II. RELEVANT DOMESTIC LAW A. The Criminal Code 86. The Criminal Code ( Kazenski zakonik, Official G(...TRUNCATED)
"The Court held that there had been a violation of Article 2 (right to life) of the Convention on ac(...TRUNCATED)
225
(Suspected) terrorists
"II. RELEVANT DOMESTIC LAW A. Belgian legislation on extradition 69. Under Belgian law, extradition (...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
"THE LAW I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION 103. The applicants complained, relying(...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
"II. RELEVANT DOMESTIC LAW 49. Article 1666 of the Civil Code ( Bürgerliches Gesetzbuch ) lays down(...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
"RELEVANT DOMESTIC LAW 21. In respect of an individual who has been convicted of acts of terrorism a(...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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