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WyrokETPCz2021-10-27

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Stan faktyczny
W sprawie W.A. przeciwko Szwajcarii, skarżący, obywatel Szwajcarii z poważnymi problemami psychiatrycznymi, kwestionuje zastosowanie wobec niego detencji prewencyjnej po odbyciu 20-letniego wyroku za dwa zabójstwa. W sprawie Khojoyan i Inni przeciwko Azerbejdżanowi, ormiańscy skarżący zarzucają złe traktowanie i śmierć ich ojca w niewoli azerskiej, który został zatrzymany jako rzekomy przewodnik grupy sabotażowej. W sprawie Petrosyan przeciwko Azerbejdżanowi, ormiański skarżący twierdzi, że jego syn był torturowany i zabity w nielegalnym areszcie w Azerbejdżanie, a jego ciało nie zostało repatriowane w odpowiednim czasie. W sprawie Shabelnik przeciwko Ukrainie, skarżący, odbywający karę dożywotniego pozbawienia wolności, kwestionuje krajową kontrolę sądową jego wcześniejszego skazania, zarzucając, że Sąd Najwyższy nałożył nową karę sprzecznie z prawem krajowym i zignorował kwestię przedawnienia.

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 318 (2021) 27.10.2021 Forthcoming judgments and decisions The European Court of Human Rights will be notifying in writing 12 judgments on Tuesday 2 November 2021 and 27 judgments and / or decisions on Thursday 4 November 2021. Press releases and texts of the judgments and decisions will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int) Tuesday 2 November 2021 W.A. v. Switzerland (application no. 38958/16) The applicant, W.A., is a Swiss national who was born in 1960 and is incarcerated in P�schwies Prison, Regensdorf (Switzerland). The case concerns the ordering of preventive detention in respect of W.A. � a man who has serious psychiatric issues � after he had served a 20-year sentence for two homicides committed in the 1990s. Relying on Articles 5 � 1 (right to liberty and security), and 7 � 1 (no punishment without law) of the European Convention on Human Rights and 4 of Protocol No. 7 (right not to be tried or punished twice) to the Convention, the applicant complains about his preventive detention, that he is being punished retrospectively, and that he has been punished twice for the same crimes. Thursday 4 November 2021 Khojoyan and Others v. Azerbaijan (no. 62161/14) The applicants, Hasmik Khojoyan, Heghine Vardazaryan and Haykaz Khojoyan (now deceased), are three Armenian nationals who were born in 1964, 1967 and 1959, respectively. The case concerns the captivity and alleged ill-treatment of the applicants' father in Azerbaijan in early 2014. The applicants' father left his home in Armenia, close to the border with Azerbaijan on the morning of 28 January 2014. It was reported in the Azerbaijani news two days later that he was an armed guide of an Armenian sabotage group and was being detained. He was handed over to the Armenian authorities on 4 March 2014 and died at home ten weeks later. Relying on Article 2 (right to life), Article 3 (prohibition of torture), Article 5 (right to liberty and security), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) of the European Convention, the applicants allege that their father was tortured during his captivity, including severe beatings, being burnt with incandescent metal and drug injections, which had posed a danger to his life and which had not been investigated, that he was unlawfully deprived of his liberty, that they did not have an effective legal remedy and that the alleged violations occurred as a result of discrimination based on ethnic origin. Petrosyan v. Azerbaijan (no. 32427/16) The applicant, Artush Petrosyan, is an Armenian national who was born in 1957 and lives in Chinari (Armenia). His son, born in 1981, lived with him in Chinari, close to the border with Azerbaijan. On 7 August 2014 his son crossed the border into Azerbaijan and was captured by the Azerbaijani armed forces. He died while in captivity. Relying on Article 2 (right to life), Article 3 (prohibition of torture), Article 5 (right to liberty and security), Article 8 (right to respect for private and family life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination), the applicant complains that his son was tortured and killed in illegal detention, that his body was not repatriated in a timely manner, that there was no effective investigation and that the alleged violations occurred as a result of discrimination based on ethnic origin. Shabelnik v. Ukraine (no. 54806/18) (no. 3) The applicant, Dmitriy Grigoryevich Shabelnik, is a Ukrainian national who was born in 1979. He is currently serving a life sentence in Zhytomyr, Ukraine. The case concerns the domestic judicial review of his previous conviction for two murders, following judgments by the European Court on his case. In particular following the European Court's second judgment in relation to the criminal proceedings against Mr Shabelnik, the Supreme Court quashed his conviction in respect of one of the murders, as it involved breaches of his Convention rights, but reaffirmed his life imprisonment in respect of the other, as it had not been concerned by the European Court's finding of violations of his rights. Relying on Article 6 (right to a fair trial) and Article 7 (no punishment without law), the applicant complains that the Supreme Court of Ukraine imposed a new punishment on him for a crime committed 17 years earlier, despite the fact that under domestic law, if somebody is sentenced for an offence that is punishable by a life sentence more than 15 years after the crime was committed, the sentence given cannot be longer than 15 years. He also complains that the Supreme Court ignored the issue and did not analyse the applicability of the statute of limitation in respect of his criminal case. The Court will give its rulings in writing on the following cases, some of which concern issues which have already been submitted to the Court, including excessive length of proceedings. These rulings can be consulted from the day of their delivery on the Court's online database HUDOC. They will not appear in the press release issued on that day. Tuesday 2 November 2021 Name Abu Garbieh v. Romania Bujor v. Romania Buzoianu v. Romania Ivanov v. Romania Khater and Li v. Romania S.C. Uzinexport S.A. v. Romania (no. 2) Tartousi v. Romania Achilov and Ivanov v. Russia Dorofeyev v. Russia Mironova v. Russia Shmatova and Others v. Russia Main application number 60975/13 43393/18 44595/15 81315/17 29755/12 15886/15 35366/15 55674/10 18684/18 47784/14 36539/08 Thursday 4 November 2021 Name Main application number Matlija v. Albania 616/16 Moreno Aguirre v. Andorra 4006/21 V.P. v. France 21825/20 Sweeney v. Ireland 48625/19 V�tek v. Luxembourg 24395/20 Rihm v. Norway 57663/18 Alexa and Others v. Romania 42161/13 Alexandru-Marian Iancu and Others v. Romania 17934/15 Bleanu v. Romania 9772/14 D and Others v. Romania 16526/19 Dragnea v. Romania 75317/17 Letai v. Romania 80841/13 Malka v. Romania 14118/17 Oprea and Others v. Romania 60415/17 Padinean v. Romania 25605/18 Potera v. Romania 62775/15 T.-A.R. v. Romania 56472/17 Aysulov and Others v. Russia 20851/05 Epeldimova v. Russia 52585/11 Athletics South Africa v. Switzerland 17670/21 TMMOB Mimarlar Odasi v. Turkey 10515/18 Konovalov v. Ukraine 64531/16 Religious community of Ukrainian Orthodox Church Kyiv Patriarchate in 24941/13 Mostyska v. Ukraine Tretyakova v. Ukraine 63126/13 This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court's press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHR_CEDH. Press contacts [email protected] | tel.: +33 3 90 21 42 08 Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30) Denis Lambert (tel.: + 33 3 90 21 41 09) Inci Ertekin (tel.: + 33 3 90 21 55 30) Neil Connolly (tel.: + 33 3 90 21 48 05) Jane Swift (tel.: + 33 3 88 41 29 04) The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. 3

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 12.07.2026. · Źródło