Human-rights cases

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Preliminary objection joined to merits and dismissed (Article 35-3 - Ratione personae);Violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression);Pecuniary and non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Pecuniary damage;Just satisfaction)

Preliminary objection allowed (Article 35-3 - Ratione materiae)

Preliminary objections joined to merits and dismissed (Article 35-3 - Ratione materiae;Ratione personae);Remainder inadmissible;Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage)

Preliminary objection joined to merits and dismissed (Article 35-3 - Ratione materiae);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions;Article 1 para. 2 of Protocol No. 1 - Control of the use of property);Pecuniary and non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Pecuniary damage;Just satisfaction)

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Procedure prescribed by law);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture);Violation of Article 13+5-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 5-1 - Procedure prescribed by law;Article 5 - Right to liberty and security);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)

our findings, the facts supporting those findings, and the minimum remedial steps necessary to address the identified deficiencies. We conclude that Hinds County ("County") violates the Eighth and Fourteenth Amendments of the United States Constitution by (1) failing to provide conditions of confinement that offer prisoners reasonable safety and protection from vio.lence, and (2) holding prisoners in the Jail beyond their court-ordered release dates.3 Our investigation included both the Hinds County Adult Detention Center in Raymond, Mississippi, and the Jackson City Detention Center in Jackson, Mississippi. 2 CRIPA authorizes the U.S. Department of Justice to seek equitable relief where conditions violate the constitutional rights of prisoners in state or local correctional facilities. 3 For purposes of this letter, the term "prisoner" refers to all individuals housed at the Jail. We understand that various categories of individuals are held in the Jail, including pretrial detainees, people who have been convicted of crimes, people awaiting transfer to another jurisdiction, and people who are being held for nonpayment of child support. 2 As you are aware, over the last three years, a series of incidents have caused serious physical harm and posed an ongoing risk of serious harm to individuals in the Jail. These incidents include at least three major riots, two alleged homicides, and numerous assaults on prisoners and staff members. They required closing entire housing units and transferring prisoners to other jurisdictions, where they were difficult to locate by defense attorneys and court officials. Attorney access to clients was interrupted. Tactical teams have been repeatedly called in to restore order to the facility. The situation has been of such concern that in September 2013, the County Circuit Court entered a series of orders directing the grand jury to review Jail conditions with the assistance of an appointed monitoring team. Grand jury consultants and the monitoring team identified a host of serious systemic issues such as inadequate staffing, physical plant deficiencies, and unsound security procedures. As discussed further in this letter, we confirmed many of the same findings during our inspection. In response to the emergency situation, County officials have tried to take remedial action to address reported Jail deficiencies. The Sheriff and County Board have expended funds to make physical plant repairs, contracted with experienced managers to oversee Jail reforms, and started planning other improvements. However, these actions have not remedied the Jail’s fundamental problems. As we detail below, the Jail needs additional qualified staff, an effective classification system, and systemic improvements to the maintenance of physical security features. Harsh practices, such as long-term lockdowns and the confinement of prisoners in unsanitary cells, must cease. Policies and procedures for processing prisoners must be more reliable and efficient, to prevent unnecessary detention. Until the County implements systemic remedies, piecemeal reforms are insufficient. Thus, despite the County’s recent efforts to address systemic deficiencies, we find that longstanding problems with Jail safety and security persist. Many of these problems were described by local grand jury investigations, news reports, and the facility’s own incident reports. They continue to pose an unacceptable risk to prisoners in violation of the Constitution. I. SUMMARY OF FINDINGS Constitutional deficiencies at the Jail violate prisoners’ Eighth and Fourteenth Amendment rights. Specifically:  The Jail does not provide prisoners with reasonable safety and minimum levels of protection from violence by other prisoners and staff members. The Jail lacks sufficient numbers of trained staff to supervise prisoners and to deal with emergencies. The Jail’s physical plant poses seri

CPT periodic visit report for Ukraine, published as CPT/Inf (2015) 24. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2015) 21. Full text PDF at the linked URL.

CPT periodic visit report for Spain, published as CPT/Inf (2015) 20. Full text PDF at the linked URL.

CPT periodic visit report for Ukraine, published as CPT/Inf (2015) 2. Full text PDF at the linked URL.

Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)

No violation of Article 6+6-3-d - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-d - Examination of witnesses)

Remainder inadmissible;No violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for family life;Respect for private life);No violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for private life);No violation of Article 14+8 - Prohibition of discrimination (Article 14 - Discrimination) (Article 8 - Right to respect for private and family life;Article 8-1 - Respect for family life;Respect for private life)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Expulsion)

No violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-c - Reasonable suspicion);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review by a court);Violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)

Preliminary objection dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life;Respect for private life);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Non-pecuniary damage - finding of violation sufficient

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)

Violation of Article 5 - Right to liberty and security (Article 5-1-c - Reasonable suspicion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for family life);Non-pecuniary damage - award;Non-pecuniary damage - finding of violation sufficient

Remainder inadmissible;No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal)

Violation of Article 5 - Right to liberty and security (Article 5-1-c - Bringing before competent legal authority);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention;Reasonableness of pre-trial detention)

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Criminal charge;Fair hearing);Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Lawful arrest or detention;Procedure prescribed by law);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Inhuman treatment;Prohibition of torture);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Remainder inadmissible;Violation of Article 5 - Right to liberty and security (Article 5-3 - Brought promptly before judge or other officer);Non-pecuniary damage - award

Remainder inadmissible;Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Lawful arrest or detention;Procedure prescribed by law);Violation of Article 5 - Right to liberty and security (Article 5-3 - Brought promptly before judge or other officer);Non-pecuniary damage - award;Pecuniary damage - claim dismissed

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);No violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review)

Violation of Article 14+8 - Prohibition of discrimination (Article 14 - Discrimination) (Article 8 - Right to respect for private and family life;Article 8-1 - Respect for private life);Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Reasonable time);No violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Fair hearing);Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Fair hearing);Pecuniary damage - claim dismissed;Non-pecuniary damage - award

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Non-pecuniary damage - award

Remainder inadmissible;Violation of Article 2 of Protocol No. 4 - Freedom of movement-{general} (Article 2 para. 2 of Protocol No. 4 - Freedom to leave a country);Non-pecuniary damage - award

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention;Reasonableness of pre-trial detention)

Preliminary objection dismissed (Article 35-3 - Ratione personae);Remainder inadmissible;Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Extradition);No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Extradition);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention;Speediness of review);Non-pecuniary damage - award

Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);No violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention;Trial within a reasonable time);Respondent State to take individual measures (Article 46-2 - Individual measures);Non-pecuniary damage - award

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Article 5-1-f - Expulsion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);No violation of Article 3 - Prohibition of torture (Article 3 - Positive obligations) (Substantive aspect)

Remainder inadmissible;Violation of Article 4 of Protocol No. 7 - Right not to be tried or punished twice-{general} (Article 4 of Protocol No. 7 - Acquittal;Right not to be tried or punished twice);Non-pecuniary damage - award

Remainder inadmissible;Struck out of the list (Article 37-1 - Striking out applications);Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Non-pecuniary damage - award