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Case Law 21906/04 (12/02/2008)

Type: Grand Chamber judgment

Authority: European Authorities: European Court of human rights

Date: 02/12/2008

Subject: The Court held:by ten votes to seven, that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights;by 16 votes to one, that there had been no violation of Article 5 § 1 (right to liberty and security) of the Convention;by 15 votes to two, that there had been a violation of Article 7 (no punishment without law) with regard to the quality of the law applicable at the material time; and,by 16 votes to one, that there had been no violation of Article 7 concerning either the alleged retrospective imposition of a heavier penalty on the applicant or the exemption from remission of prisoners serving life sentences; and,by 16 votes to one, that there had been no violation of Article 14 (prohibition of discrimination).

Parties: Kafkaris c/ Cipro

Classification: Dignity - Art. 4 Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Freedoms - Art. 6 Personal liberty - Personal security - Equality - Art. 21 Non discrimination - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)