301/2012, CC, 11/12/2012
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2012

Penitentiary system – Detainees must have conversations under the visual surveillance of custody staff - Alleged impediment to a full emotional relationship between the detainee and the partner, i.e. the spouse or the de facto cohabiting partner

Gudiel Álvarez and Others ('Diario Militar') v. Guatemala, IACtHR, Series C No. 253, 20/11/2012

Forced disappearance of 26 people registered in a 'military diary' between 1983-1985 in the context of an internal conflict - Ineffective investigations - Violation of the right to judicial protection, to personal integrity, and to freedom of association

I.G. v. the Republic of Moldova, ECtHR, 53519/07, 15/05/2012
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2012

A Moldovan national alleged that, at the age of fourteen, she was raped by an acquaintance, she complained that the authorities had not investigated her allegations effectively and that the requirement of corroborative evidence of resistance had been discriminatory against her - Violation of Article 3 (investigation)

İzci v. Turkey, ECtHR, 42606/05, 23/07/2013
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2012

Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) – Excessive use of force by the police during a peaceful demonstration – Obligation to respect fundamental rights by public authorities in the context of public demonstrations

P.M. v. Bulgaria, ECtHR, 49669/07, 24/01/2012
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2012

The applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors - A violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment) 

Río Negro Massacres v. Guatemala, IACtHR, Series C No. 250, 4/09/2012

Forced disappearances, murders, inhumane treatment and sexual violence against women in the context of the massacres against members of Río Negro community perpetrated by the Army of Guatemala and members of the Civilian Self-Defense Patrols - Violation of freedom from slavery, freedom of association, movement and residence, conscience and religion, the right to humane treatment, to life, to a fair trial, and to judicial protection

X. v. Turkey, ECtHR, 24626/09, 9/10/2012
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2012

Article 3 (Degrading treatment/Inhuman treatment) Article 14 (Discrimination) - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners - Holding of homosexual prisoner in total isolation for more than eight months to protect him from fellow prisoners

Dissenting / Concurring: Jočienė

C-147/08, CJEU, 10/05/2011

Occupational pension scheme in the form of a supplementary retirement pension for former employees of a local authority and their survivors – Method of calculating that pension favouring married recipients over those living in a registered life partnership – Discrimination based on sexual orientation

Judge Rapporteur: D. Šváby

Gelman v. Uruguay, IACtHR, Series C No. 221, 24/02/2011
COURT: 
 | 
2011

Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations

Dissenting / Concurring: Vio Grossi

Izevbekhai v. Ireland, ECtHR, 43408/08, 17/05/2011
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2011

The respondent government’s proposal to return a Nigerian woman and her two daughters to Nigeria where she claimed her daughters faced the risk of female genital mutilation - There was no evidence sending the applicants back to Nigeria would amount to a violation of Article 3

Stasi v. France, ECtHR, 25001/07, 20/10/2011
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2011

Article 3 - The applicant alleges in particular that he was subjected to inhuman and degrading treatment by other detainees while in detention, and considers that the authorities failed to take the necessary measures to protect him from this - 

Dissenting / Concurring: Spielmann, Nußberger

138/2010, CC, 14/04/2010
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2010

Same-sex future spouses’ request seeking to obtain publication of notice of their intention to marriage - Refusal of the civil registrar since Italian legal system makes no provision for marriage between individuals of the same sex on the grounds that this would be contrary to public order - Refusal to allow persons of homosexual orientation to contract marriage with persons of the same sex