Article 3 - ​ Prohibition of torture

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All Updates


Cases selected for updating the Case-Law Guide.

M.G. v. Lithuania, no. 6406/21

20/02/24

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


Vučković v. Croatia, no. 15798/20

12/12/23

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

12/09/23

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

09/05/23

De facto irreducibility of a life sentence.
Judgment


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

02/05/23

​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

07/02/23

Secondary victimisation of extremely vulnerable child in criminal proceedings concerning her alleged sexual abuse.
Judgment | Legal Summary


Yakovlyev v. Ukraine, no. 42010/18

08/12/22

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

22/11/22

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

03/11/22

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

11/10/22

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

21/09/22

Life sentences in the extradition context, reliance on assurances conveyed in Diplomatic Notes.
Decision | Legal Summary


Y.P. v. Russia, no. 43399/13

20/09/22

Applicability: Sterilisation without consent during medical intervention in context of unexpected and urgent situation.
Judgment | Legal Summary


J.I. v. Croatia, no. 35898/16

08/09/22

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

07/07/22

The requisite diligence and promptness in dealing with acts of domestic violence. 
Judgment


Akkad v. Türkiye, no. 1557/19

21/06/22

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


Oganezova v. Armenia, nos. 71367/12 and 72961/12

17/05/22

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

26/04/22

Application of limitation periods in cases concerning torture and other forms of ill-treatment.
Advisory Opinion | Legal Summary


Filippovy v. Russia, no. 19355/09

22/03/22

Suicide of a military conscript following continuous bullying by fellow conscripts. 
Judgment


Sy v. Italy, no. 11791/20

24/01/22

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

16/12/21

Applicability: Verbal abuse and aggressive behaviour from counter-demonstrators during a rally.
Judgment


Tunikova and Others v. Russia, nos. 55974/16 and 3 others

14/12/21

The duty to protect victims of domestic violence and to conduct an effective investigation.
Judgment | Legal Summary


Savran v. Denmark [GC], no. 57467/15

07/12/21

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

28/10/21

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


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

26/10/21

Investigation on the sexual abuse of a minor by another. 
Judgment


Zambrano v. France (dec.), no. 41994/21

21/09/21

Vaccination against Covid-19. Applicability.
Decision | Legal Summary


Badalyan v. Azerbaijan, no. 51295/11

22/07/21

Serious mental injuries detected after long captivity, allegedly due to ill-treatment during detention.
Judgment


R.B. v. Estonia, no. 22597/16

22/06/21

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

22/06/21

Unlawful use of force by military personnel and conditions of living in a makeshift camp. 
Judgment | Legal Summary


Barovov v. Russia, no. 9183/09

15/06/21

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

08/06/21

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

13/04/21

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

25/03/21

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

11/03/21

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

09/02/21

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

02/02/21

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

21/01/21

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

21/01/21

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

21/01/21

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

19/01/21

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


Sabalić v. Croatia, no. 50231/13

14/01/21

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

22/10/20

Random strip searches of prisoner receiving visitors.
Judgment | Legal Summary | Weekly Summary


Zakharov and Varzhabetyan v. Russia, nos. 35880/14 and 75926/17

13/10/20

Police brutality against peaceful participants of a political rally.
Judgment | Legal Summary


Aggerholm v. Denmark, no. 45439/18

15/09/20

Mentally ill man strapped to a restraint bed in hospital.
Judgment


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

23/07/20

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

16/07/20

Conditions of detention and medical care of female HIV/AIDS sufferers.
Judgment


N.H. and Others v. France, nos. 28820/13 and 2 others

02/07/20

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

25/06/20

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

04/06/20

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

02/06/20

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

02/06/20

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


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