In the case of Nsingi v. Greece the Court held that there had been a violation of the right to liberty and security / right to compensation of the Convention.
The case concerned the rejection of the applicant’s claim for compensation for having been imprisoned pursuant to a sentence that had been handed down in respect of a different person, for whom he had been mistaken at the time of his arrest.
The applicant was arrested by the police and, after verification of his identity, was registered under the name of an individual who had been sentenced to eight years’ imprisonment for drug possession. The prosecutor ordered that he be sent to prison. The applicant then demanded that he be released, objecting that he was not the person who had been convicted and sentenced. The Criminal Court dismissed the applicant’s objections without giving reasons for its decision.
The Court took the view that the complete lack of reasoning in the Thessaloniki Criminal Court’s judgment had clearly been in breach of the principle of protection against arbitrariness, having regard, in particular, to the fact that the applicant was, at the time, imprisoned pursuant to a judgment imposing an eight-year prison sentence on a different person.
In the case of Daugaard Sorensen v. Denmark, the Court held that there had been a violation of the prohibition of inhuman or degrading treatment and a violation of the right to respect for private and family life.
The case concerned the withdrawal of charges against the applicant’s alleged rapist, in view of errors that had occurred at the Regional State Prosecutor’s Office, in particular a failure to comply with a statutory time-limit.
The Court found that there had been significant flaws in the procedural response to the applicant’s allegations. Denmark had thus failed to fulfil its duties under Articles 3 and 8 of the Convention.
In the case of Gadzhiyev and Gostev v. Russia the Court held that there had been a violation of the right to freedom of expression in respect of both applicants.
The case concerned disciplinary measures taken against the applicants, resulting in the dismissal of the applicants for having publicly raised matters of general interest.
The Court noted that the first applicant had made allegations about acts of corruption which were jeopardising the effectiveness and security of police operations, matters which were clearly of great interest to society as a whole. It also noted that the second applicant’s allegations concerned the safety of the Metro and had been of interest to a large group of people. In both cases, the Court found that the interference with the applicants’ freedom of expression had not been “necessary in a democratic society”.
In the case of Haugen v. Norway the Court held that there had been a violation of the right to life and a violation of the right to an effective remedy.
The case concerned the suicide of the applicant’s son while in Oslo Prison. He had been suffering from mental-health issues and had allegedly been a suicide risk.
The Court concluded that the Norwegian authorities had not done all that could have been expected of them to protect the life of the applicant’s son. It highlighted the lack of adequate medical follow-up care of the applicant’s son after he was transferred from a hospital back to Oslo Prison and the decision to transfer him away from the close-supervision unit without any sort of in-depth medical assessment of his mental state.
This is the first ever violation of Article 2 found against Norway.
17/10/2024
On 10 October 2024, the President of the Court, Marko Bošnjak, attended the annual conference of the European Law Institute (ELI) in Dublin, where he took part in the keynote panel with Michael O’Flaherty, Commissioner for Human Rights of the Council of Europe, Rossa Fanning, SC, Attorney General of Ireland, Pascal Pichonnaz, President of the European Law Institute, and Owen Bowcott, journalist.
On 7 October 2024, the President of the ECHR, Marko Bošnjak, attended a formal sitting of the Court of Justice of the European Union in Luxembourg. He also held a bilateral meeting with Koen Lenaerts, President of the Court of Justice.
On 4 October 2024, the President of the Court, Marko Bošnjak, attended the Conference of the Network of the Presidents of the Supreme Judicial Courts of the European Union, in Athens. He was accompanied by Ioannis Ktistakis, Judge elected in respect of Greece.
Source: https://www.echr.coe.int/
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