Article 13

Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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φυλακές

Inadequate detention conditions are degrading treatment. ECtHR proposals to restrict temporary detention

JUDGMENT Sukachov v. Ukraine 30.01.2020 (no.  14057/17) see here  SUMMARY Detention conditions, inhumane and degrading treatment. Systemic problem and ECHR intervention. The applicant was arrested in 2012 on charges of involvement in terrorist acts, and has been provisionally detained in a Ukrainian detention facility until 2018, when he was convicted and sentenced to 12 years […]

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Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

JUDGMENT Χ.  and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here  SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

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Ineffective criminal protection of homosexuals against hate speech on facebook violates their right to privacy

JUDGMENT Beizaras and Levickas v. Lithuania 14.01.2020 (no. 41288/15) see here SUMMARY The case raised questions about the State’s responsibility to protect individuals from homophobic hate speech. The applicants are two young men who are in a relationship. One of the applicants posted a photograph of them kissing on his Facebook page, which led to […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY  Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here  SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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The deadly shot by an officer has violated the right to life. The inability to claim compensation for mental illness has violated the right to an effective remedy

JUDGMENT  Mirzoyan  v. Armenia 23.05.2019 (no. 57129/10) see here SUMMARY Protection of life. Positive obligation of the state. The applicant’s son served his compulsory military service and was sho by a senior officer on duty. The national courts have rejected the death sentence of the deceased’s father for compensation for mental illness. The European Court […]

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