issued by the Registrar of the Court
ECHR 014 (2012)
17.01.2012
Forthcoming judgments
The European Court of Human Rights will be notifying in writing 12 judgments on
24 January 2012 and six on 26 January 2012.
Press releases and texts of the judgments will be available at 10 a.m. (local time) on the
Court’s Internet site (
www.echr.coe.int
)
Tuesday 24 January 2012
Iordan Petrov v. Bulgaria (application no. 22926/04)
The applicant, Iordan Petrov, is a Bulgarian national who was born in 1976 and lives in
Varna (Bulgaria). He is currently serving a life sentence. Relying on Articles 3
(prohibition of inhuman or degrading treatment), 6 (right to a fair trial) and 8 (right to
respect for private and family life) of the European Convention on Human Rights, Mr
Petrov alleges that he was subjected to ill-treatment when he was arrested and during
the first two days of his detention, as well as being denied proper medical care. He
complains that he was convicted on the strength of confessions extracted from him
under duress during his first few days in detention and that he was beaten by his
guards. He also complains that no effective investigation was carried out into these
incidents. He considers that his life sentence amounts to inhuman and degrading
treatment, and deplores the standard and severity of the conditions of his detention in
Varna prison.
P.M. v. Bulgaria (no. 49669/07)
The applicant, P.M., is a Bulgarian national who was born in 1977 and lives in Stara
Zagora (Bulgaria). Relying in particular on Article 3 (lack of effective investigation) and
Article 8 (right to respect for private and family life), she alleges that the official
investigation into her rape and attempted rape at a party in March 1991 took so long –
more than ten years – that it was not possible to properly punish the two men
responsible. She was 13 years’ old at the time of the incident.
Brega and Others v. Moldova (no. 61485/08)
The applicants, Ghenadie Brega, Anatolie Hristea-Stan, Gheorghe Lupusoru and Vasile
Costiuc, are Moldovan nationals who were born in 1975, 1953, 1969 and 1981,
respectively. They are all members of Hyde Park, a Chişinău-based non-governmental
organisation which lobbies for freedom of expression and the right to free assembly.
Relying on Article 5 § 1 (right to liberty and security), Article 10 (freedom of expression)
and Article 11 (freedom of assembly and association), they complain about their arrests
during a number of protests at various well-known spots in Chişinău between March
2008 and February 2009. Arrested for insulting the police and resisting arrest, they were
released within hours and subsequently acquitted of all charges against them. The
applicants submitted video footage of each arrest to show that the accusations against
them were false.
Feraru v. Moldova (no. 55792/08)
The applicant, Mihai Feraru, is a Moldovan national who was born in 1974 and lives in
Migieşti (Moldova). He is a tradesman specialised in installing roof drainage systems. He
2
was arrested on 29 September 2008 on charges of insulting a police officer and, a few
days later, was charged with defrauding a client. He spent six nights in the local police
station in Chişinău before being transferred to the General Police Department where he
was detained until his release on 11 November 2008. Relying on Article 5 §§ 1, 3 and 4
(right to liberty and security), he complains that he was arrested in the absence of a
reasonable suspicion that he had committed a crime, that the courts then did not give
relevant and sufficient reasons for ordering and continuing his detention and that a
witness had not been heard when deciding on the need to detain him pending trial.
Further relying on Article 3 (prohibition of inhuman or degrading treatment), he also
complains about the conditions of his detention in both facilities where he was held,
notably as concerned severe overcrowding, lack of furniture and food as well as no or
very poor sanitary facilities.
Miażdżyk v. Poland (no. 23592/07)
The applicant, Edmond Miażdżyk, is a French national who was born in 1950 and lives in
Poznań (Poland). In November 2004 he was arrested and placed in pre-trial detention on
charges of running an organised criminal group, which involved fraud, stealing cars and
handling stolen goods. Released in November 2005, he was banned indefinitely from
leaving Poland. Relying on Article 2 § 2 of Protocol No. 4 (freedom of movement), he
complains that the ban was not lifted until five years and two months later, despite his
family – including his three children – friends and business being based in France. The
criminal proceedings against him in Poland are still pending.
Just satisfaction
Costăchescu v. Romania (no. 37805/05)
The case concerned the Romanian authorities’ failure to enforce a final judgment in
favour of the applicant, Mrs Viorica Costăchescu. In a
judgment of 29 September 2009
,
the Court found a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No.
1 as a result of the local authorities’ refusal to enforce the judgment of the Bucharest
Court of First Instance. In this new judgment the Court will settle the matter of just
satisfaction under Article 41.
Toma v. Romania (no. 1051/06)
The applicant, Mihai Toma, is a Romanian national who was born in 1948 and lives in
Târgu-Jiu (Romania). Relying on Article 7 (no punishment without law) and Article 6 § 1
(right to a fair trial), he complains that his driving licence was annulled in 2004, almost
ten years after he had been stopped for drink-driving and in application of a law that did
not exist at the time of his offence.
Dmitriyev v. Russia (no. 13418/03)
The applicant, Nikolay Dmitriyev, is a Russian national who was born in 1968 and lives in
St Petersburg (Russia). The case concerns his allegation that he was punched and kicked
on 8 December 2001 by two local policemen who had come to his family’s flat to serve a
summons on him following a complaint that he had beaten up a neighbour. Forcibly
arrested and taken to the local police station, he was released two days’ later. He was
subsequently convicted in October 2002 of affray in connection with the incident
involving his neighbour. Relying on Article 3 (prohibition of inhuman or degrading
treatment) and Article 13 (right to an effective remedy), he complains about the police
brutality to which he was subjected on 8 December 2001 and the fact that the
authorities failed to properly investigate this complaint. Further relying on Article 5 (right
to liberty and security) and Article 8 (right to respect for private and family life), he also
alleges that the police failed to follow domestic procedure when entering his home and
forcing the door to his room and that his ensuing arrest and detention from 8 to 10
December were unlawful.
3
Mitrokhin v. Russia (no. 35648/04)
The applicant, Aleksandr Mitrokhin, is a Russian national who was born in 1973 and is
serving a prison sentence for various offences, including murder and robbery, in the Altai
Region (Russia). Relying on Article 3 (prohibition of inhuman or degrading treatment),
he complains that he was detained in appalling conditions pending investigation and trial
in the criminal case opened against him in October 2001.
Nechto v. Russia (no. 24893/05)
The applicant, Andrey Nechto, is a Russian national who was born in 1970 and is
currently serving a prison sentence in the town of Nerchinsk, the Chita Region (Russia).
Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 6 (right
to a fair trial), he complains that he was beaten by the police after his arrest in October
2002 on suspicion of robbery, that he was not able to examine some prosecution
witnesses during the criminal trial against him, that he did not have a lawyer during the
pre-trial investigation and that the Russian courts did not correctly assess the evidence
in his case.
Valeriy Samoylov v. Russia (no. 57541/09)
The applicant, Valeriy Samoylov, is a Russian national who was born in 1958 and is
detained in Russia. A retired Moscow district prosecutor, he was accused in March 2008
of large-scale embezzlement and abuse of power committed by an organised criminal
group which involved public officials. He was arrested in April 2008 in a hospital where
he was being treated and his subsequent detention pending trial was authorised by the
courts. Relying in particular on Article 3 (prohibition of inhuman or degrading treatment)
and Article 5 §§ 1 and 3 (right to liberty and security), he complains about inadequate
medical care in detention as well as the unlawfulness of his arrest and the excessive
length of his detention pending the investigation and trial against him.
Length-of-proceedings case
In the following case, the applicant complains in particular about the excessive length of
criminal proceedings against him as a member of an illegal armed organisation, and of
the lack of a domestic remedy in respect of that complaint.
Medeni Uğur v. Turkey
(no. no. 49651/06)
Thursday 26 January 2012
Berasategi v. France (no. 29095/09)
Esparza Luri v. France (no. 29119/09)
Guimon Esparza v. France (no. 29116/09)
Sagarzazu v. France (no. 29109/09)
Soria Valderrama v. France (no. 29101/09)
In these five cases the applicants, four of whom – Ismael Berasategi, Felix Ignacio
Esparza Luri, Jose Candido Sagarzazu and Inocente Soria Valderrama – are Spanish
nationals and one – Laurence Guimon Esparza – is French, are members of the Spanish
Basque organisation Euskadi Ta Askatasuna (“ETA”). They are in detention in different
prisons in France and Spain. On 23 January 2007 the applicants were brought before the
Paris special Assize Court on a number of serious charges related to conspiracy to
commit acts of terrorism. In December 2007 and June 2008 the Principal Public
Prosecutor at the Paris Court of Appeal requested an initial, then a further extension of
the applicants’ detention pending trial. Relying on Article 5 § 3 (right to a fair trial within
4
a reasonable time), the applicants complain about the length of their pre-trial detention,
which they consider excessive.
Length-of-proceedings case
In the following case the applicant, a doctor, complains in particular about the excessive
length of criminal proceedings brought against him for negligence.
Nakonechnyy v. Ukraine
(no. 17262/07)
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The European Court of Human Rights
was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
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