European Court of Human Rights
European Court of Human Rights
This section contains briefs and links to the European Court of Human Rights case-law related to defence rights, including legal aid and other related rights
The detention of a person who is ill may engage Article 3 (prohibition of inhuman or degrading treatment) of the Convention. Article 3 requires States to ensure that every prisoner is detained in conditions that are compatible with respect for human dignity.
ECtHR factsheet – detention conditions and treatment of prisoners
04.10.2011 European Court of Human Rights
Forced feeding and compulsory medical intervention
The Court has repeatedly held that the right of any person charged with a criminal offence to be effectively defended by a lawyer is a fundamental element of a fair trial.
Mr. Yoldaș was accused of being a member of an illegal organization. He was detained in police custody for six days. During this time he was informed of his right to a lawyer but he did not exercise it.
In the context of police investigations Mr. Panovits, who at the time was 17, was invited to the police station and questioned. He confessed to manslaughter and robbery for which he was then charged and convicted.
ECtHR case summary Nechiporuk and Yonkalo v. Ukraine (21/04/2011)
20.05.2011 European Court of Human Rights
Mr Nechiporuk was apprehended and placed in administrative detention in a police station on suspicion of illegal drug possession.
ECtHR case summary Aleksandr Zaichenko v. Russia (18/02/2010)
20.05.2011 European Court of Human Rights
Mr Zaichenko’s car was pulled over by the police when he was driving home.
ECtHR case summary Fatma Tunç v. Turkey (no. 2) (13/10/2009)
20.05.2011 European Court of Human Rights
Ms. Tunç was arrested on suspicion of being a member of an illegal organization.
On 7 April 2001, the prosecutor ordered Mr Kharchenko’s detention, as he was suspected of being involved in embezzlement of a company’s funds.
The applicant, Yevgeniy Krivoshapkin, was convicted of theft and aggravated robbery and sentenced to nine years’ imprisonment in a high-security colony.