Human-rights cases

SPT visit report for Croatia, doc symbol CAT/OP/HRV/ROSP/1. Published 20 Jan 2025. Full text at the linked URL.

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6-1 - Impartial tribunal);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for home);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of sentence)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);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 5-5 - Compensation);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);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 5-5 - Compensation);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Impartial tribunal);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of sentence);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);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 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of sentence)

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman punishment) (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);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for home);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Prohibition of torture);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;(Art. 35-3-a) Ratione materiae;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 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8 - Right to respect for private and family life;Positive obligations;Article 8-1 - Respect for private life);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

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 punishment) (Substantive aspect)

Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Violation of Article 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8-1 - Respect for private life;Article 8 - Right to respect for private and family life);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Violation of Article 13+8-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 8-1 - Respect for family life;Article 8 - Right to respect for private and family life);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 of Protocol No. 1 - Right to free elections - {general} (Article 3 of Protocol No. 1 - Vote);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of sentence)

Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)

Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Impartial tribunal)

Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;No 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 - Civil proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Civil proceedings;Article 6-1 - Reasonable time)

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 - Speediness of review)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment);Violation of Article 3 of Protocol No. 1 - Right to free elections - {general} (Article 3 of Protocol No. 1 - Vote)

No violation of Article 13+2 - Right to an effective remedy (Article 13 - Effective remedy) (Article 2 - Right to life;Article 2-1 - Death penalty);Violation of Article 3 - Prohibition of torture (Article 3 - Extradition);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);No 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 5-4 - Review of lawfulness of detention)

Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing);Violation of Article 6 - Right to a fair trial (Article 6 - Constitutional proceedings;Article 6-1 - Reasonable time)

Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;No violation of Article 6+6-3-d - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing;Equality of arms) (Article 6 - Right to a fair trial;Article 6-3 - Rights of defence;Article 6-3-d - Examination of witnesses)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 13+2 - Right to an effective remedy (Article 13 - Effective remedy) (Article 2 - Right to life;Article 2-1 - Life);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Preliminary objection dismissed (Art. 34) Individual applications;(Art. 34) Locus standi;Violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for family life);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence);Violation of Article 13+6-2 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Article 6-2 - Presumption of innocence);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Preliminary objection joined to merits and dismissed (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;(Art 35-1) Four-month period (former six-month);Violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for private life);Violation of Article 14+8 - Prohibition of discrimination (Article 14 - Discrimination) (Article 8 - Right to respect for private and family life;Positive obligations;Article 8-1 - Respect for private life);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Preliminary objection joined to merits and dismissed (Art. 34) Individual applications;(Art. 34) Victim;Preliminary objection joined to merits and dismissed (Art. 35) Admissibility criteria;(Art. 35-3-a) Abuse of the right of application;Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Türkiye);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Expulsion);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 5-2 - Information on reasons for arrest);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment;Expulsion) (Substantive aspect);No violation of Article 2 - Right to life (Article 2 - Expulsion;Article 2-1 - Life) (Substantive aspect);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Struck out of the list (Art. 37) Striking out applications-{general};(Art. 37-1-a) Absence of intention to pursue application;Struck out of the list (Art. 37) Striking out applications-{general};(Art. 37-1-b) Matter resolved;Pecuniary damage - award (Article 41 - Pecuniary damage;Just satisfaction)

constitutional violations that we found to exist in the Jail, including the legal framework applied, the unacceptable conditions identified, and the deficient practices that led to the problems. We end by identifying changes that ASGDC needs to implement to fix the violations. 1 BACKGROUND I. The Jail A. Description of the Facility ASGDC is in Columbia, South Carolina. It serves as the intake and detention center for unsentenced individuals charged with misdemeanors and felonies, as well as an incarceration facility for sentenced individuals. Columbia is the state capital and county seat of Richland County, a county with a population of more than 400,000 that includes the University of South Carolina and the U.S. Army base at Fort Jackson. Richland County is governed by a County Council of eleven members elected to four-year terms. Unlike most jails in South Carolina, which are operated by county sheriff’s departments, ASGDC is under the authority of the County Council, which provides funding and oversight for the Jail. Director Crayman Harvey is responsible for daily operations, under the management of County Administrator Leonardo Brown. While the Richland County Sheriff’s Department plays no role in the operation of the Jail, it is responsible for criminal investigations of alleged criminal activity at the Jail. The current facility was constructed in five phases between 1994 and 2005. As of December 2024, the total rated capacity of the facility was 1,120 people. When DOJ visited the Jail in December 2024, the total population in custody was 965. Adults are housed in 15 units, including intake and transfer units. Each housing unit has a bed capacity of 56. Two units are high custody restrictive housing units (a third is currently closed for renovations). Four units house higher security level men, four house medium security level men, and one houses older men. ASGDC has one unit for women. There is also a mental health unit and a medical unit. On December 8, 2023, ASGDC reopened the Behavior Modification Unit (BMU), formerly the Special Housing Unit, after renovations. The BMU is used for disciplinary and administrative holds, as well as protective custody. As of December 2024, ASGDC was in the process of renovating five units, four of which they plan to use as housing units. ASGDC uses a separate building to house youths, with three eight-bed dormitory wings and two observation cells in the front of the building. Following an announcement by Richland County in June 2024 that it intended to close the juvenile facility, ASGDC transferred all youths to the custody of the South Carolina Department of Juvenile Justice, with the exception of youths charged as adults who remain at ASGDC. The Jail was designed to operate on a direct supervision management system. Under this model, security personnel should be posted inside the unit and not separated from the incarcerated population by barriers that prevent direct interaction. The system requires officers to be present in the housing units and to provide frequent, non- scheduled observation of and personal interactions with the incarcerated population. 2 B. Violence Persists Despite Recent Efforts to Address Conditions in the Jail While we commend the County for recent efforts to improve Jail conditions, people incarcerated at ASGDC continue to face an unreasonable risk of serious harm. County officials and ASGDC administration have been on notice for several years of systemic deficiencies in the operations and physical condition of the Jail, many of which have contributed to violence in the facility.1 The South Carolina Department of Corrections (SCDOC) conducted annual inspections of the Jail from 2018 to 2023. SCDOC found severe staffing shortages and ongoing issues with key control, malfunctioning doors and locks, inappropriate housing, insufficient supervision, and deteriorating physical conditions that creat

SPT visit report for Georgia, doc symbol CAT/OP/GEO/ROSP/1. Published 31 Dec 2024. Full text at the linked URL.