Article 8 (Positive obligations) - Flawed implementation of domestic criminal-law mechanisms in respect of applicant’s allegations of physical violence by private individuals
Dissenting / Concurring: Spielmann
Contents for term
Article 8 (Positive obligations) - Flawed implementation of domestic criminal-law mechanisms in respect of applicant’s allegations of physical violence by private individuals
Dissenting / Concurring: Spielmann
Sexual violence criminal offence - Reliability of statements made by the victim of sexual violence - Wearing jeans-type trousers, which do not hinder touching of intimate parts, cannot affect the victim's trustworthiness
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Sexual acts with a minor - The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Crimes against sexual freedom - Performance of sexual acts with a minor younger than fourteen - Ignorance regarding the age of the injured party
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Gang rape – Applicabilty of the extenuating circumstance regarding minor offences referred to in the last paragraph of Article 609-bis of the Italian Criminal Code
Violent attacks, humiliation, physical and psychological abuse, denial of medical care and isolation of 135 female prison inmates - Violation of the right to personal liberty, to humane treatment, to judicial protection, to a fair trial, and violation of the duty to prevent, investigate and punish violence against women
Dissenting / Concurring: Cançado Trindade / García Ramirez
Extrajudicial killing of four men, including two minors - Violation of the right to life, to humane treatment, to personal liberty, to a fair trial, to judicial protection, and, as regards the two minors, the rights of the child - Court's order to make institutional and social reforms, including designing a public awareness campaign to protect children from violence and creating mechanisms to ensure due process in cases of child executions
Dissenting / Concurring: Cançado Trindade
Gang rape criminal offence – Applicabilty of the extenuating circumstance regarding minor offences
Poor conditions in a detention centre for young people with fires killing nine detainees and injuring many - Violation of the right to judicial protection and to humane treatment given the atmosphere of violence, danger, abuse and mistrust - Violation of the right to life in combination with children's rights in failing to preventing the fire
Dissenting / Concurring: Cançado Trindade
Rape and ill-treatment of twenty girls and young women in the context of the massacre of 268 people, mainly indigenous Mayans, as part of genocidal counter-insurgence state policy against indigenous people – Denial of justice, intimidation and discrimination to the detriment of the survivors and the next of kin of the victims
Dissenting / Concurring: García Ramírez / Cançado Trinidade
Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape
Dissenting / Concurring: Tulkens
Reducing someone to a ‘condition similar to slavery’ is an offence - Slavery, trafficking in persons and coercion - Prostitution under systematic violence and segregation
Gang rape criminal offence - Failure to apply the extenuating circumstance regarding minor offences - Alleged violation of the principle of equality and the re-educative function of punishment
Repeated rape and torture of a woman detained on suspicion of participating in alleged terrorist group –Violation of the right to personal liberty, to humane treatment, to non-discrimination and to a fair trial
Dissenting / Concurring: Montiel Argüllo / Cançado Trinidade, Jackman
Detention, rape, and torture of a woman by the Turkish security forces during a counter-terrorism operation – Violation of Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy)
Dissenting / Concurring: Matscher / Pettiti / Gölcüklü, Matscher, Pettiti, De Meyer, Lopes Rocha, Makarczyk, Gotchev / Gölcüklü,Pettiti, De Meyer, Lopes Rocha, Gotchev / Gölcüklü / De Meyer
Article 8 (right to private life) - A mentally handicapped girl was raped but had no legal capacity to appeal against the prosecution’s decision not to press charges