Article 3 - Prohibition of torture
All Updates
Cases selected for updating the Case-Law Guide.
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. 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.
Judgment
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.
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
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