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masho.bsky.social
Masho
@masho.bsky.social
Mostly here to read and talk about prisons. Also about borders, rule of law backsliding, Polish politics and other scary things.
Reposted by Masho
CJEU, rule of law

New judgment: Polish Constitutional Court is not independent, breached EU law by failing to uphold primacy of EU law 🦘🦘 curia.europa.eu/jcms/jcms/Jo...
December 18, 2025 at 9:02 AM
Reposted by Masho
We now need to wait for the CJEU to publish the whole thing, so in the meantime, a good question: why so long? The Commission launched an infringement procedure in 2021 following the anti-EU law primacy judgment K 3/21. Only at that point, Berlaymont decided that it had a sure footing to act. 2/
December 18, 2025 at 9:04 AM
Reposted by Masho
📢 Our latest compilation of domestic prison legal news from across Europe is out!

It covers key prison-law developments between July-September 2025 in 15 EU countries, as well as Ukraine and Russia.

🔗 buff.ly/gWLpWVt

(1/4) ⤵️
December 17, 2025 at 9:06 AM
Reposted by Masho
🇪🇺⚖️🇵🇱 CJEU is on a roll regarding Poland - on 18th Dec it will deliver a key judgement in a case where the European Commission (correctly) claims that the Polish Constitutional Tribunal is no longer an independent and impartial court, owing to faulty appointments of judges and its leadership.
CJEU, rule of law

Judgment due December 18th in Commission v Poland case - whether Poland has breached EU law by not fully accepting the supremacy of EU law - curia.europa.eu/juris/fiche....
CURIA - Case information
curia.europa.eu
December 1, 2025 at 8:41 AM
Reposted by Masho
🇵🇱⚖️🇪🇺🏳️‍🌈 Some words of mine courtesy of Liam Nolan for RTE on last week's momentous CJEU ruling on Poland and recognition of same-sex marriages concluded by Polish citizens elsewhere in the EU. The implementation of this particular judgement will be the thing to watch for in 2026.
December 1, 2025 at 7:56 AM
Reposted by Masho
Poland's constitutional court has ruled that the Communist Party should be outlawed.

"There is no place in the Polish legal system for a party that glorifies criminals and communist regimes responsible for the deaths of millions," declared the court.
Poland's Communist Party declared unlawful by constitutional court
notesfrompoland.com
December 3, 2025 at 2:44 PM
Reposted by Masho
📢 The CoE Committee of Ministers is reviewing implementation of ECtHR judgments.
Our latest submission highlights urgent structural failings in Ukraine’s prison healthcare: barriers to care, high mortality, and ineffective complaint mechanisms.

🔗 Read more: buff.ly/d1U0VHU
December 2, 2025 at 12:40 PM
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💥 Prison news
🔹 CoE SPACE II stats show a 2.3% rise in probationers (2023–24).
🔹 CoE CDPC approved the draft revised Recommendation Rec(89)12 on education in prison.
🔹 EU 2025 Ukraine report notes persistent torture in prisons
🔹 EU Civil Society Strategy published!

& more!

buff.ly/SayxmUu
European Prison Litigation Network
We campaign for prisoners’ right to access legal information, legal representation and legal aid, and strive to protect prisoners from reprisal for engaging in litigation. These rights are essential…
www.prisonlitigation.org
December 1, 2025 at 8:44 AM
Reposted by Masho
💥 Advocacy
🔹 UN HRCttee seeks input for its General Comment on Art. 22 ICCPR (by 19 Dec 2025).
🔹 UN CED & WGEID seek input for joint statement on enforced disappearances in transnational repression (by 31 Jan 2026).
🔹EU Commission seeks input for the 2026 EU Justice Scoreboard (by 11 Dec 2025).
⤵️
December 1, 2025 at 8:44 AM
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📢 Want to have an impact on prison law and policy?

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December 1, 2025 at 8:44 AM
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🇬🇧 Recall of a prisoner on licence while serving a determinate sentence: inadmissible.

⚖️ CJEU
State may refuse to execute EAW only with the issuing State’s consent, which may be withheld on criminal-policy grounds, even if reintegration considerations favour transfer.

& more!
buff.ly/j1beBHc
Legal resources – European Prison Litigation Network
Check your inbox or spam folder to confirm your subscription.
www.prisonlitigation.org
November 25, 2025 at 2:17 PM
Reposted by Masho
🔎 In this issue:

⚖️ ECtHR
🇦🇿 Searches before and after lawyer meetings & seizure of a letter the prisoner had entrusted to his lawyer for posting : violation of Art. 8.

🇷🇺 NGO ordered to remove publications on detention & torture in prison following a defamation action: violation of Art. 10.
⤵️
November 25, 2025 at 2:17 PM
Reposted by Masho
🇦🇿 | Lawyer disbarred for speaking publicly about client’s ill-treatment : violation of Art 10 & 8, non-examination under Art 18 (joint dissenting opinion of Judges Ktistakis and Pavli).

🇺🇦 | Life-sentenced prisoner awarded only token compensation & ordered to pay fees: violation of Article 6.
(2/3)
Legal resources – European Prison Litigation Network
Check your inbox or spam folder to confirm your subscription.
buff.ly
November 20, 2025 at 10:44 AM
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📢 Do you want to have an impact on prison law and policy?

👉 Visit our website and subscribe for monthly updates to stay informed about advocacy opportunities & get the latest prison-related news from Europe and beyond!

📃 Read our latest issue > buff.ly/urTRv80

🔍 Main highlights ⤵️

(1/3)
October 31, 2025 at 2:09 PM
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⚖ CJEU
🇷🇴/🇮🇹 | The executing State may refuse to execute an EAW & assume responsibility for the enforcement of the sentence only with the issuing State’s consent, which may be withheld for criminal policy considerations
& more!

📩 Subscribe for monthly updates to stay informed!
buff.ly/CafgL8r (3/3)
Legal resources – European Prison Litigation Network
Check your inbox or spam folder to confirm your subscription.
www.prisonlitigation.org
October 23, 2025 at 12:51 PM
Reposted by Masho
⚖ ECtHR
🇬🇧 | Recall of a prisoner released on licence while serving a fixed-term determinate sentence: inadmissible (incompatible ratione materiae).
🇸🇰 | Systematic practice of routine, thorough strip searches of a prisoner without convincing security reasons: violation of Article 3.

(2/3) ⤵️
October 23, 2025 at 12:51 PM
Reposted by Masho
The Southern District Military Court is to consider the case of one Russian and two Ukrainian citizens accused of planning a terrorist attack while detained in a pre-trial detention facility in Rostov-on-the-Don
October 22, 2025 at 10:31 AM
Reposted by Masho
I have only listened to the judge's oral reasoning, but the gist is that under PL Penal Procedure code, the court may reject an ENA if an act at hand does not constitute a crime under Polish law. There are exceptions - such as acts of sabotage - but the court refused to consider the act as such.
October 21, 2025 at 2:26 PM
Reposted by Masho
The only one who could refer this case to CJEU would be the Polish court via a preliminary reference - but that almost certainly won't happen, since, to my best knowledge, there's not going to be any appeals in this case and second takes from another judge who could have any EU law doubts.
October 21, 2025 at 2:21 PM
For the #prison team, note recent cases of State repression for the denunciation of torture & ill-treatment in prisons, considered as an issue "of public interest" 👇
▪️Zlobin v. RU (no. 9096/13), 10/07/2025
▪️Maglevannaya v. RU (no. 13002/10), 10/05/2025
▪️Dianova v. RU (no. 21286/15), 10/09/2024
Just published!
🔖 A new Key Theme related to Article 10 of the Convention -Freedom of expression- is now available on the Knowledge Sharing platform ECHR-KS.
🔽
Artistic expression
🔗https://tinyurl.com/29dyyktw
#ECHR
October 17, 2025 at 8:05 AM
Reposted by Masho
The resolution seeks to protect civil society space, promote alternatives to incarceration, defend Indigenous rights, & recognise environmental rights.

Attempts by Russia to remove #HarmReduction were defeated by 25 votes vs. 10. Evidence & rights trumping reactionary ideology.
October 15, 2025 at 6:02 PM
Reposted by Masho
Last week the #HRC60 made history. Resolution L.31 was adopted by consensus — placing human rights at the heart of global drug policy.

Read & share our analysis: https://f.mtr.cool/nmatmbscdf
October 15, 2025 at 6:02 PM
Reposted by Masho
En décembre 2018, j'ai assisté au procès de Denis Mannechez, accusé de l'assassinat de sa fille, Virginie.

Deux frères racontent leur calvaire, une soeur son inceste. Ils demandent : pourquoi la justice les a abandonnés ?

Le 1er octobre 2025, je publie : "Qui a tué Virginie ?" aux éditions Globe.
September 29, 2025 at 4:04 PM
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À paraître aux EHESS

« Sous les verrous. Une histoire sociale de la prison (France, premier XXe siècle) » par Elsa Génard :
editions.ehess.fr/ouvrages/ouv...
September 16, 2025 at 5:35 AM
Reposted by Masho
📢 Our April–June 2025 compilation of European Domestic Prison Legal News is out! It covers key prison-related legal developments in 14 EU countries + 🇺🇦 🇲🇩 🇷🇺.

🔗 buff.ly/h64LpnG

#Prison #HumanRights #CriminalJustice #Europe
September 29, 2025 at 7:36 AM