Strasbourg Observers

View posts from: Detention

  • Ufuk Yeşil

The ECtHR Judgment in Selahattin Demirtaş v. Türkiye (No. 4): A Landmark Case on Political Repression and Human Rights

August 20, 2025

By Dr. Ufuk Yeşil  On July 8 2025, the European Court of Human Rights’ (the ECtHR or the Court) addressed violations stemming from the prolonged detention of Selahattin Demirtaş, the former HDP co-chair, in Selahattin Demirtaş v. Türkiye (No. 4), exposing systemic judicial abuses targeting political dissent in Türkiye. This blog post analyzes this  judgment, and connects it […]

  • Alexis Galand

J.B. v. Malta: The Systemic Consequences of Rule of Law Failures on Migrants’ Rights

January 07, 2025

Alexis Galand The judgment of the European Court of Human Rights (‘the Court’) in J.B. v. Malta highlights systemic deficiencies in Malta’s judicial and administrative systems, revealing how rule of law failures undermine the protection of fundamental rights. In this case, the Court found that Malta had unlawfully detained unaccompanied minors for six months in […]

  • Lorenzo Bernardini

H.M. and Others v. Hungary: Immigration Detention, Burden of Proof and Principle of Necessity: Weakening Safeguards at the Borders?

August 19, 2022

By Lorenzo Bernardini Introduction How high is the burden of proof on the foreigner who claims to have suffered degrading treatments? In which cases may the authorities adopt coercive methods against a foreigner already detained? The European Court of Human Rights (‘the Court’, ‘the ECtHR’ or ‘the Strasbourg Court’) was called upon to answer these […]

  • Guest Blogger

Kargakis v. Greece: Protection in Substance for Detainees with Disabilities but a Web of Missed Opportunities

March 12, 2021

By Andrea Broderick (Assistant Professor of International and European Law, Maastricht University, The Netherlands) and Delia Ferri (Professor of Law, Maynooth University, Ireland) Delia Ferri and Andrea Broderick have collaborated on several recent publications, including the first textbook on International and European Disability Law and Policy: Texts, Cases and Materials (Cambridge University Press, 2019), and […]

  • Guest Blogger

Sabuncu and Others v. Turkey: the final chapter of the Cumhuriyet Trial?

December 14, 2020

Matteo Mastracci, Ph.D. Researcher at Koç University, and reporter for Oxford Reports on International Law (ORIL) In a long-awaited decision, the European Court of Human Rights finally ruled on 10 November 2020 on the case of Sabuncu and Others v. Turkey. The case, better known as the Cumhuriyet trial, named after the newspaper in which […]

  • Guest Blogger

Preventive detention as a “penalty” in the case of Ilnseher v. Germany

November 10, 2017

By Emilie Rebsomen, Méryl Recotillet and Caroline Teuma (Aix-Marseille University)  The internment of mentally ill offenders has a long history. The first safety measures were envisaged in the writings of the criminologists of the 18th and 19th century. Since then, various and varied security and safety measures have been introduced, security internment being one of […]

  • Guest Blogger

The subscription of Belgium to Strasbourg in detention cases: Rooman v. Belgium & Tekin and Arslan v. Belgium

September 14, 2017

By Rebecca Deruiter – PhD Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University[1] Two rulings convicted the Belgian state for violating Article 3 in the case of Rooman v. Belgium and Article 2 in the case of Tekin and Arslan v. Belgium. Both these cases concern mentally-ill offenders for which the Belgian […]

  • Guest Blogger

Zherdev v. Ukraine: Article 3 of the ECHR and Children’s Rights at the Stage of Police Interrogation

June 29, 2017

By Prof. Dr. Ton Liefaard, Professor of Children’s Rights / UNICEF Chair in Children’s Rights, Leiden Law School, Leiden University, The Netherlands[1] The Zherdev v. Ukraine judgement of 27 April 2017 by the European Court of Human Rights (hereinafter: the Court) further augments the Court’s line of recognising the vulnerable position of children in police […]