Prisoners' rights

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Cases selected for updating the Case-Law Guide.

D v. Latvia, no. 76680/17

11.01.2024

Segregation, restricted access to basic prison resources and denial of human contact of a prisoner by fellow inmates due to subordinate position in informal prisoner hierarchy.
Judgment | Legal Summary


İlerde and Others v. Türkiye, nos. 35614/19 and 10 others

05.12.2023

Exclusion of outdoor yards attached to cells in the calculation of prisoners' personal living space.
Judgment


Schmidt and Šmigol v. Estonia, nos. 3501/20 and 2 others

28.11.2023

Consecutive enforcement of disciplinary punishments and security measures in prison resulting in protracted periods of solitary confinement.
Judgment | Legal Summary


Vukušić v. Croatia, no. 37522/16

14.11.2023

Prolonged placement of a prisoner, without clothing, in a specially secured padded cell and with lights continuously on.
Judgment


Stott v. the United Kingdom, no. 26104/19

31.10.2023

Difference in treatment in early release eligibility between prisoners serving an extended determinate prison sentence vis-à-vis standard determinate sentence prisoners and discretionary life sentence prisoners.
Judgment


El-Asmar v. Denmark, no. 27753/19

03.10.2023

Use of pepper spray against a prisoner in an observation cell without prior warning.
Judgment | Legal Summary


Osman and Altay v. Türkiye, nos. 23782/20 and 40731/20

18.07.2023

Withholding by prison authorities of issues of a periodical sent to prisoners by post without going through administration as required by law.
Judgment | Legal Summary


Horion v. Belgium, no. 37928/20

09.05.2023

De facto irreducibility of a life sentence.
Judgment


S.P. and Others v. Russia, nos 36463/11 and 10 others

02.05.2023

​Segregation, humiliation and abuse of prisoners by fellow inmates on account of inferior status in informal prisoner hierarchy tolerated by prison staff.
JudgmentLegal Summary 


Deltuva v. Lithuania, no. 38144/20

21.03.2023

​Restriction on family visits with wife and daughter during pre-trial detention.
JudgmentLegal Summary


Machina v. the Republic of Moldova, no. 69086/14

17.01.2023

Alleged infection in prison with a transmissible disease.
Judgment | Legal Summary


Yakovlyev v. Ukraine, no. 42010/18

08.12.2022

Force-feeding of prisoner on hunger strike in protest against prison treatment.
Judgment | Legal Summary


Kalda v. Estonia (no. 2), no. 14581/20

06.12.2022

Blanket ban on prisoners’ voting. 
Judgment | Legal Summary 


Subaşı and Others v. Türkiye, nos. 3468/20 and 18 others

06.12.2022

Prisoners denied permission to receive visits from their school-age children and to make telephone calls at the weekends.  
Judgment | Legal Summary


Kupinskyy v. Ukraine, no. 5084/18

10.11.2022

Conversion, upon prisoner’s transfer, of a foreign reducible life sentence into an irreducible one due to unavailability of parole for life prisoners in his home State. Applicability and merits.
Judgment Legal Summary


Constantin-Lucian Spînu v. Romania, no. 29443/20

11.10.2022

Denial of permission for prisoner to attend religious services outside prison during Covid-19 pandemic.
Judgment | Legal Summary


P.C. v. Ireland, no. 26922/19

01.09.2022

Convicted prisoner statutorily disqualified from old-age pension payments while incarcerated. Applicability and merits.
Judgment | Legal Summary


Chocholáč v. Slovakia, no. 81292/17

07.07.2022

​General and indiscriminate ban on prisoner possession of pornographic material.
Judgment | Legal Summary


Abdullah Yalçın v. Turkey (No. 2), no. 34417/10

14.06.2022

Refusal to allocate room in high-security prison to Muslim prisoner for congregational Friday prayers. Applicability and merits.
Judgment | Legal Summary


Volodya Avetisyan v. Armenia, no. 39087/15

03.05.2022

Domestic remedies for complaints as to inadequate conditions of detention.
Judgment | Legal Summary


Maslák v. Slovakia (no. 2), no. 38321/17

31.03.2022

Placement of detainee in high security unit and decision-making process.
Judgment


Laniauskas v. Lithuania, no. 48309/19

29.03.2022

Continued detention of visually impaired convicted prisoner.  
Judgment


Nuh Uzun and Others v. Turkey, nos. 49341/18 and 13 others

29.03.2022

The uploading of prisoners’ correspondence to a judicial IT server.
Judgment


Vool and Toomik v. Estonia, nos. 7613/18 and 12222/18

29.03.2022

Impossibility of remand prisoners to receive conjugal visits. 
Judgment


Zayidov v. Azerbaijan (no. 2), no. 5386/10

24.03.2022

Confiscation and destruction of a book manuscript written by a journalist in detention.
Judgment


Cosovan v. the Republic of Moldova, no. 13472/18

22.03.2022

Detention extended despite terminal condition.
Judgment


Normantowicz v. Poland, no. 65196/16

17.03.2022

Special-needs prisoner's medical care and length of the examination of his request for a licence for prison leave on health grounds.
Judgment


Fenech v. Malta, no. 19090/20

01.03.2022

Conditions of detention amid Covid-19 pandemic. Solitary confinement on medical grounds.
Judgment | Legal Summary


Shirkhanyan v. Armenia, no. 54547/16

22.02.2022

Detainee not allowed to have private meetings with his representatives before the Court for a prolonged period of time. Alleged technical issue concerning Rule 39: Hinder the exercise.
Judgment


Sy v. Italy, no. 11791/20

24.01.2022

Detention in an ordinary prison of a person suffering from psychiatric disorders, despite the domestic court order for his transfer to an appropriate institution.
Judgment | Legal Summary


Ivan Karpenko v. Ukraine, no. 45397/13

16.12.2021

Life prisoner’s ban on communication with other prisoners during out-of-cell activities.  
Judgment


Yakut Republican Trade-Union Federation v. Russia, no. 29582/09

07.12.2021

Applicability: working prisoners and the right to join and form trade unions.  
Judgment | Legal Summary


Mironescu v. Romania, no. 17504/18

30.11.2021

Voting rights of detainees serving prison sentence outside the electoral constituency of their place of residence.
Judgment | Legal Summary


Mehmet Çiftci v. Turkey, no. 53208/19 

16.11.2021

Prison administration’s refusal to pass on newspapers posted to the detainee.
Judgment  


W.A. v. Switzerland, no. 38958/16

02.11.2021

Additional preventive detention after having served final conviction in ordinary prison of a mentally ill serious offender.
Judgment | Legal Summary


Bancsók and László Magyar v. Hungary (No. 2), nos. 52374/15 and 53364/15

28.10.2021

Life prisoners eligible for release after having served forty years of their term.
Judgment


Danilevich v. Russia, no. 31469/08

19.10.2021

Ban on telephone calls with family for life prisoners under strict regime. 
Judgment | Legal Summary


Polgar v. Romania, no. 39412/19

20.07.2021

Conditions of detention/transport and effectiveness of new domestic remedies.
Judgment | Legal Summary


Norman v. the United Kingdom, no. 41387/17

06.07.2021

Prosecution of prison officer for providing information about prison to journalist in exchange for money.
Judgment | Legal Summary


Lesław Wójcik v. Poland, no. 66424/09

01.07.2021

Refusal of convicted prisoner’s requests for unsupervised conjugal visits.
Judgment


Sándor Varga and Others v. Hungary, no. 39734/15

17.06.2021

Whole life sentence subject to mandatory pardon procedure after forty years of imprisonment.
Judgment


Falzarano v. Italy (dec.), no. 73357/14

15.06.2021

Secret surveillance of the visitation area in prison.
Decision


Ünsal and Timtik v. Turkey (dec.), no. 36331/20

08.06.2021

Hunger strike in prison during the Covid-19 pandemic.
Decision


Lapshin v. Azerbaijan, no. 13527/18

20.05.2021

Alleged strangulation attempt/suicide attempt in prison. Applicability and merits.
Judgment


Epure v. Romania, no. 73731/17

11.05.2021

Detention in a maximum security prison of a detainee with permanent disability and history of self-aggression.
Judgment


Fenech v. Malta (dec.), no. 19090/20

23.03.2021

Impact of national emergency measures introduced in respect to the Covid-19 pandemic.
Decision | Legal Summary


Feilazoo v. Malta, no. 6865/19

11.03.2021

Long period of isolation, and exposure of applicant to health-risk through unnecessary placement with new arrivals in Covid-19 quarantine.
Judgment | Legal Summary


Georgia v. Russia (II) [GC], no. 38263/08

21.01.2021

Treatment of prisoners of war having a special protected status under international humanitarian law.
Judgment | Legal Summary


Shlykov and Others v. Russia, nos. 78638/11 and 3 others

19.01.2021

Routine and prolonged handcuffing of life prisoners.
Judgment | Legal Summary


Barbotin v. France, no. 25338/16

19.11.2020

Compensatory remedy in respect of inhuman conditions of detention. Low award and detainee to pay the expert’s fees.
Judgment | Legal Summary


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