Newsletter

2021

Cases Reported



Association for the Defence of Human Rights in Romania – Helsinki Committee on behalf of Ionel Garcea v Romania 1
Issue: Whether a death in custody of a prisoner with psychiatric disorders who had self-harmed breached Art 2 ECHR in its substantive and procedural limbs.
 
Salihić v Bosnia and Herzegovina 10
Issue: Whether detention in a care home was in breach of Art 5(1) ECHR; whether the application should continue after the death of the applicant; whether it was admissible as it was lodged before a ruling of the Constitutional Court which ruled in his favour; whether just satisfaction should be awarded.
 
Čutura v Croatia 13
Issue: Whether detention in a psychiatric hospital was in breach of Art 5(1) ECHR in light of inadequate legal representation.
 
Nikolyan v Armenia 21
Issue: Whether proceedings to remove legal capacity were fair for the purposes of Art 6(1) ECHR; whether the loss of legal capacity breached Art 8; whether actions by the guardian to terminate existing proceedings breached Art 6; whether the lack of direct access to a court to seek to reinstate legal capacity breached Art 6.
 
LR v North Macedonia 37
Issue: Whether the inappropriate placement of a child with mental and communication impairments in an institution for those with physical disabilities, which led to him being tied to a bed regularly, breached Art 3 ECHR; whether the investigation carried out was adequate for the purposes of the procedural obligation under Art 3.
 
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