Article 3 - Prohibition of torture
All Updates
Cases selected for updating the Case-Law Guide.
I.C. v. the Republic of Moldova, no. 36436/22
Alleged failure of the domestic authorities to effectively investigate allegations of rape, sexual violence and abuse of the applicant, a woman with intellectual disabilities, during her placement with a family after having been removed from State care, and lack of procedural accommodation in the domestic proceedings in view of her vulnerability.
Judgment
Kasım Özdemir and Mehmet Özdemir v. Türkiye, no. 18980/20
Shooting of a father and his son by a gendarmerie officer during an incident in their village.
Judgment
M.G. v. Lithuania, no. 6406/21
The particular vulnerability of a child during excessively long criminal proceedings regarding an attempted sexual assault.
Judgment
Vučković v. Croatia, no. 15798/20
Commutation of a ten-month prison sentence imposed on the applicant’s co-worker to community service, after he had been convicted of sexual violence against her.
Judgment | Legal Summary
Lapunov v. Russia, no. 28834/19
Abduction, detention and torture of applicant by State agents in Chechnya on account of his sexual orientation and no effective investigation into the matter.
Judgment | Legal Summary
S.P. and Others v. Russia, nos 36463/11 and 10 others
Segregation, humiliation and abuse of prisoners by fellow inmates on account of inferior status in informal prisoner hierarchy tolerated by prison staff.
Judgment | Legal Summary
B v. Russia, no. 36328/20
Secondary victimisation of extremely vulnerable child in criminal proceedings concerning her alleged sexual abuse.
Judgment | Legal Summary
Yakovlyev v. Ukraine, no. 42010/18
Force-feeding of prisoner on hunger strike in protest against prison treatment.
Judgment | Legal Summary
G.M. and Others v. the Republic of Moldova, no. 44394/15
Forced abortions and birth-control measures carried out on intellectually disabled women residents in a psychiatric asylum.
Judgment | Legal Summary
Sanchez-Sanchez v. the United Kingdom [GC], no. 22854/20
Assessing life sentences in an extradition context and the inapplicability of procedural safeguards under the Vinter and Others standard.
Judgment | Legal Summary
S.F.K. v. Russia, no. 5578/12
Abortion performed at public hospital against the will of a vulnerable young adult coerced by her parents. Applicability and merits.
Judgment | Legal Summary
McCallum v. Italy (dec.) [GC], no. 20863/21
Life sentences in the extradition context, reliance on assurances conveyed in Diplomatic Notes.
Decision | Legal Summary
Y.P. v. Russia, no. 43399/13
Applicability: Sterilisation without consent during medical intervention in context of unexpected and urgent situation.
Judgment | Legal Summary
J.I. v. Croatia, no. 35898/16
Serious threats against a rape victim by her abuser. Protection from repeat victimisation and intimidation.
Judgment | Legal Summary
M.S. v. Italy, no. 32715/19
The requisite diligence and promptness in dealing with acts of domestic violence.
Judgment
Akkad v. Türkiye, no. 1557/19
Handcuffing during a 20 hour-long bus transfer in the context of a deportation.
Judgment
Oganezova v. Armenia, nos. 71367/12 and 72961/12
Failure to protect a bar owner and activist from homophobic arson and hate-driven mobbing campaign, and to carry out effective investigation. Applicability and merits.
Judgment | Legal Summary
Advisory opinion on the applicability of statutes of limitation to prosecution, conviction and punishment in respect of an offence constituting, in substance, an act of torture [GC], no. P16-2021-001
Application of limitation periods in cases concerning torture and other forms of ill-treatment.
Advisory Opinion | Legal Summary
Filippovy v. Russia, no. 19355/09
Suicide of a military conscript following continuous bullying by fellow conscripts.
Judgment
Sy v. Italy, no. 11791/20
Detention for two years in an ordinary prison of an applicant suffering from psychiatric disorders.
Judgment | Legal Summary
Women's Initiatives Supporting Group and Others v. Georgia, nos. 73204/13 and 74959/13
Applicability: Verbal abuse and aggressive behaviour from counter-demonstrators during a rally.
Judgment
Tunikova and Others v. Russia, nos. 55974/16 and 3 others
The duty to protect victims of domestic violence and to conduct an effective investigation.
Judgment | Legal Summary
Savran v. Denmark [GC], no. 57467/15
Applicability: deportation of a seriously ill alien and the necessity of the Paposhvili threshold test.
Judgment | Legal Summary
Bancsók and László Magyar v. Hungary (No. 2), nos. 52374/15 and 53364/15
Life prisoners eligible for release after having served forty years of their term.
Judgment
A.P. v. the Republic of Moldova, no. 41086/12
Investigation on the sexual abuse of a minor by another.
Judgment
Zambrano v. France (dec.), no. 41994/21
Vaccination against Covid-19. Applicability.
Decision | Legal Summary
Badalyan v. Azerbaijan, no. 51295/11
Serious mental injuries detected after long captivity, allegedly due to ill-treatment during detention.
Judgment
R.B. v. Estonia, no. 22597/16
Acquittal of a 4-year old child's father of sexual abuse on procedural grounds.
Judgment | Legal Summary
Adzhigitova and Others v. Russia, nos. 40165/07 and 2593/08
Unlawful use of force by military personnel and conditions of living in a makeshift camp.
Judgment | Legal Summary
Barovov v. Russia, no. 9183/09
Police officers, found guilty of a very grave crime proscribed under Article 3, exempted from criminal liability due to statutory time-limit expiration and imposition of suspended sentences. Impunity. Victim status.
Judgment
Ilievi and Ganchevi v. Bulgaria, nos. 69154/11 and 69163/11
Early morning home arrests in the context of suspected white-collar crimes.
Judgment | Legal Summary
E.G. v. the Republic of Moldova, no. 37882/13
Amnesty and ineffective execution of a criminal sentence for the offence of sexual abuse.
Judgment | Legal Summary
Bivolaru and Moldovan v. France, nos. 40324/16 and 12623/17
Conditions of detention in the member State issuing the European arrest warrants and the Bosphorus presumption of equivalent protection.
Judgment | Legal Summary
Feilazoo v. Malta, no. 6865/19
Long period of isolation, and exposure of applicant to health-risk through unnecessary placement with new arrivals in Covid-19 quarantine.
Judgment | Legal Summary
N.Ç. / Türkiye, no. 40591/11
Cinsel istismarla ilgili cezai kovuşturmalar sırasında savunmasız bir çocuğun kişisel bütünlüğünün korunması.
Hüküm| Dava Özeti
X and Others v. Bulgaria [GC], no. 22457/16
Allegations of sexual abuse in an orphanage after children’s adoption abroad.
Judgment | Legal Summary
Georgia v. Russia (II) [GC], no. 38263/08
Treatment of prisoners of war having a special protected status under international humanitarian law. Treatment of civilian detainees. Administrative practice.
Judgment | Legal Summary
Shmorgunov and Others v. Ukraine, nos. 15367/14 and 13 others
Ill-treatment of protestors by police and non-State agents hired by it, and lack of effective investigation.
Judgment | Legal Summary
Lutsenko and Verbytskyy v. Ukraine, nos. 12482/14 and 39800/14
Abductions, ill-treatment and torture to death of protestors at hands of non-State agents hired by police.
Judgment | Legal Summary
Shlykov and Others v. Russia, nos. 78638/11 and 3 others
Routine and prolonged handcuffing of life prisoners.
Judgment | Legal Summary
Sabalić v. Croatia, no. 50231/13
Article 3 in conjunction with Article 14: procedural obligation concerning homophobic acts of violence.
Judgment | Legal Summary
Roth v. Germany, nos. 6780/18 and 30776/18
Random strip searches of prisoner receiving visitors.
Judgment | Legal Summary
Zakharov and Varzhabetyan v. Russia, nos. 35880/14 and 75926/17
Police brutality against peaceful participants of a political rally.
Judgment | Legal Summary
Aggerholm v. Denmark, no. 45439/18
Mentally ill man strapped to a restraint bed in hospital.
Judgment
M.K. and Others v. Poland, nos. 40503/17, 42902/17 and 43643/17
Refusal of border guards to receive asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country of origin.
Judgment | Legal Summary
Dikaiou and Others v. Greece, no. 77457/13
Conditions of detention and medical care of female HIV/AIDS sufferers.
Judgment
N.H. and Others v. France, nos. 28820/13 and 2 others
Impossibility for single adult asylum-seekers to benefit from reception conditions provided for by domestic and EU law.
Judgment | Legal Summary
Moustahi v. France, no. 9347/14
Unaccompanied minors in administrative detention, arbitrarily associated with an unrelated adult, and deported without being allowed to contact with their father.
Judgment | Legal Summary
Association Innocence en Danger and Association Enfance et Partage v. France, nos. 15343/15 and 16806/15
Lack of necessary and appropriate measures by the State to protect a child from fatal parental ill-treatment.
Judgment | Legal Summary