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European Observer on fundamental right's respect

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Case Law 289/2004; 10809/2006 (27/11/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 11/27/2007

Subject: The Court held, unanimously, that: in both cases, there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human.In the case of Popovici, there had been a violation of Article 13 (right to an effective remedy) of the Convention; a violation of Article 5 § 3 (pre-trial detention); a violations of Article 6 §§ 1 and 2 (right to a fair trial and presumption of innocence); and in the case of Ţurcan, there had been a violation of Article 5 § 1 (right to liberty and security) in respect of the applicant’s detention without a legal basis after 20 February 2006.

Parties: Popovici c/ Moldova e Turcan c/ Moldova

Classification: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Freedoms - Art. 6 Personal liberty - Personal security - Justice - Art. 47 Right to an effective remedy before a tribunal