Twenty years ago, on 26 October 2000, the European Court of Human Rights solemnly affirmed, in a judgment in the case of Kudla v. Poland, the right of every person in prison to conditions of detention consistent with respect for …
WHITE PAPER on access to justice for pre-trial detainees Based on comparative analysis and empirical studies led in nine EU countries, the European Prison Litigation Network, in partnership with CNRS (Laboratories SAGE and CESDIP), University of Utrecht, Helsinki Foundation for …
To download the PDF version of the article please click here. While judicialisation[1] signals the abandonment of the Administrative State and the quest for a new form of democracy[2], questioning the role of the provisions of article 6 guaranteeing the …
To download the PDF version of the article please click here. The Convention does not comprise any provision specifically dedicated to the protection of health, especially as the matter concerns prisoners. The Commission has established a convention-based protection for these …
To download the PDF version of the article please click here. PART I – THE FRAMEWORK OF GUARANTEES GRANTED BY ARTICLE 5§1(c), 5§3 AND 5§4 Article 5 of the Convention is, together with Articles 2, 3[1] and 4, in the …
To download the PDF version of the article please click here. Initially taken into account through what was referred to as “indirect” protection[1]—as early as 1962 the European Commission of Human Rights affirmed that article 3 can be applied in …
