Article 3 - ​ Prohibition of torture

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Cases selected for updating the Case-Law Guide.

M.G. v. Lithuania, no. 6406/21


The particular vulnerability of a child during excessively long criminal proceedings regarding an attempted sexual assault.

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

Horion v. Belgium, no. 37928/20


De facto irreducibility of a life sentence.

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.
JudgmentLegal 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. 

Akkad v. Türkiye, no. 1557/19


Handcuffing during a 20 hour-long bus transfer in the context of a deportation.

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. 

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.

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.

A.P. v. the Republic of Moldova, no. 41086/12


Investigation on the sexual abuse of a minor by another. 

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.

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.

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. v. Turkey, no. 40591/11


Protection of the personal integrity of a vulnerable child in the course of criminal proceedings relating to sexual abuse.
Judgment Legal Summary

X and Others v. Bulgaria [GC], no. 22457/16


Allegations of sexual abuse in an orphanage after children’s adoption abroad.
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

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

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 | Weekly 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.

M.K. and Others v. Poland, nos. 40503/17 and 2 others


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.

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

N.T. v. Russia, no. 14727/11


Life prisoners automatically placed, for the first ten years of their sentence, under a strict regime involving segregation, limited outdoor exercise and a lack of purposeful activity.
Judgment | Legal Summary

Pranjić-M-Lukić v. Bosnia and Herzegovina, no. 4938/16


Applicant handcuffed in front of his family and forcibly escorted by police to an involuntary psychiatric examination.

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