Category: Human Rights

Razvyazkin v Russia: ECHR 3 Jul 2012

The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by this means. This is reflected, for example, in most countries having solitary confinement as a sanction only for the most serious disciplinary offences, but the principle must be respected in all uses of the measure. The longer the measure is continued, the stronger must be the reason for it and the more must be done to ensure that it achieves its purpose.’

Citations:

13579/09 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1364

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Shahid v Scottish Ministers (Scotland) SC 14-Oct-2015
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 03 November 2022; Ref: scu.462103

Ashlarba v Georgia: ECHR 3 Jul 2012

Citations:

45554/08 (Communicated Case), [2012] ECHR 1204

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Ashlarba v Georgia ECHR 15-Jul-2014
ECHR Article 7-1
Nullum crimen sine lege
Use of undefined colloquial expression in definition of criminal offence: no violation
Facts – In 2005 the Georgian legislature created a series of new . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 03 November 2022; Ref: scu.462088

Tymoshenko v Ukraine: ECHR 31 May 2012

Citations:

49872/11 (Communicated Case), [2012] ECHR 1160

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012
. .
See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013
ECHR Article 5-1
Lawful arrest or detention
Pre-trial detention for allegedly contemptuous behaviour to trial court: violation
Article 18
Restrictions for unauthorised purposes
See Also – Tymoshenko v Ukraine ECHR 30-Apr-2013
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 03 November 2022; Ref: scu.461995

FGP v Serco Plc and Another: Admn 5 Jul 2012

The claimant said that whilst he had been being taken from an immigration detention centre to hospital, he had been restrained by various forms of handcuffs. He said that had been unlawful.
Held: The claim failed: ‘ the recommendation that there should only be handcuffing in exceptional circumstances is to apply too high a test. Those making the risk assessment have to decide whether handcuffing is reasonably necessary and so proportionate having regard to all relevant circumstances, which will include the insecure nature of the hospital. The claimant had criminal convictions and the most recent for affray indicated that there had been violence or a threat of violence to others. In addition, he had a history which indicated that he was liable to react to pressure in a disruptive fashion and there was also the possibility of self harm. It was known that he was most anxious to avoid return to Algeria. One of the main reasons for his detention was concern that if not detained he would abscond.
In my judgment, what was known of the claimant justified the assessment that he should be restrained during the hospital visit. Having seen and heard the two witnesses who gave evidence, I am satisfied that they did consider in a proper fashion whether restraint was needed.’

Judges:

Collins J

Citations:

[2012] EWHC 1804 (Admin)

Links:

Bailii

Statutes:

Home Office Detention Services Order 1/2002, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Faizovas, Regina (on the Application of) v Secretary of State for Justice CA 13-May-2009
. .
Cited – C, Regina (on the Application of) v Secretary of State for Justice CA 28-Jul-2008
The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody.
Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Prisons, Human Rights

Updated: 03 November 2022; Ref: scu.461953

Weissman And Others v Romania: ECHR 2 Dec 2011

The Court found violations of the Convention concerning lack of access to a court and the breach of the applicant’s rights to peaceful enjoyment of their possession (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1) (see details in Appendix).
Held: Greater justification is required if fees are imposed at an initial stage of the proceedings.

Citations:

63945/00, [2011] ECHR 2204

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 03 November 2022; Ref: scu.460836