Friday, 17 May 2013

ECtHR case-law weekly brief (13-17 May 2013)

Lack of appropriate medical care during pre-trial detention, impossibility for the applicant to complain about this situation and unlawfulness of pre-trial detention (violation of 3, 5 § 1 and 13 in Barilo v. UKR) 
Conditions of detention, unlawfulness of arrest as well as lengthy pre-trial detention and criminal proceedings against the applicants (violation of 3, 5 § 1 and 6 § 1 in Samoylovich v. UKR and in Gavula v. UKR as well as of 34 in the latter for failure to provide the applicant with copies of the necessary documents for lodging his application before the Court

Adequate medical care in detention and lengthy pre-trial detention (no violation of 3 and violation of 5 § 3 in Komarova v. UKR) 

Proceedings for review of a continued confinement in a psychiatric hospital, following a placement order by the trial court, of a person convicted and sentenced for homicide (no violation of 5 § 1 in Radu v. GER) 

Inability to effectively appeal against a judgment ordering the applicant to pay a fine, due to failure to timely provide him with copies of the judgment (violation of 6 § 3 together with 6 § 1 in Chorniy v. UKR) 

Lack of clarity of the legal framework for assisted suicide in cases not concerned by clinical illness (violation of 8 in Gross v. SUI) 

Unjustified restrictions on change of patronymic, in the context of legally provided flexible conditions for change of forename and surname (violation of 8 in Garnaga v. UKR) 

Imposition of an excessive tax on severance pay under a legislation entered into force just before the applicant’s dismissal (violation of 1 Prot. 1 in N.K.M. v. HUN) 

Deprivation of property following the invalidation of a decision to privatise a hostel, acquired subsequently by the applicants (violation of 1 Prot. 1 in Maksymenko and Gerasymenko v. UKR) 

Inadmissibility decision – non-exhaustion of the new remedy provided at national level before the Turkish Constitutional Court (Hasan Uzun v. TUR)

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