άρθρο 46

Turkey’s non-compliance with the ECtHR decision, for the immediate release of a human rights defender! New sentence from Strasbourg

GRAND CHAMBER JUDGMENT Kavala v. Turkey 11.07.2022 (app. no.. 28749/18) see here SUMMARY The case concerned the question referred to the Court by the Committee of Ministers of the Council of Europe, as to whether the Republic of Türkiye had failed to fulfil its obligation under Article 46 § 1 of the Convention to abide […]

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Romania needs to reform its legislation on the legal guardianship of the mentally deficient. Violation of privacy

JUDGMENT Ν. v. Romania 16.11.2021 (no. 2) (app. no. 38048/18) see here SUMMARY The case concerned proceedings in which the domestic courts, basing their decisions mainly on medical expert opinions, divested the applicant of his legal capacity and placed him under the full authority of a legal guardian. It also concerned the manner in which […]

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The lack of independence of the Supreme Court in the decision to appoint judges violated the right to be heard. Poland must take measures to comply with the decision of the ECtHR

JUDGMENT Dolińska-Ficek and Ozimek v. Poland 8.11.2021 (app. no. 49868/19 and 57511/19) see here SUMMARY The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality […]

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Facebook posts against Erdogan! Criminal conviction due to a law that provided increased protection to the head of state. Violation of freedom of expression!

JUDGMENT Vedat Şorli v. Turkey 19.10.2021 (app. no. 42048/19) see here SUMMARY The sentencing of the applicant to a term of imprisonment – with delivery of the judgement suspended for five years – for insulting the President of the Republic, on account of two posts which he shared on his Facebook account. The content comprised, […]

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Shepherds were killed due to unjustified use of force by police! Violation of the essential and procedural part of the right to life

JUDGMENT Gasangusenov v. Russia 30.03.2021 (app. no. 78019/17) see here SUMMARY The case concerned the killing of the applicant’s two sons, who worked as shepherds, during a special operation carried out by State agents in August 2016 in Goor-Khindakh, Dagestan (Russia). It also concerned the ensuing investigation. The Court found that the applicant’s sons had […]

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δικηγόρος

First Strasbourg ruling on non-compliance by a state with a ruling by the European Court of Human Rights. Breach of the State’s obligation to enforce the decision.

JUDGMENT Ilgar Mammadov v. Azerbaijan  29.05.2019 (no. 15172/13) see here THE IMPORTANCE OF THE CASE The decision is important as it is the first ECtHR decision not to execute its decision by a member state of the Council of Europe. In accordance with Article 46 of the ECHR, the judgments of the Court are binding […]

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