Article 13

The mistakes of prosecutors and judges must be borne by the state and not corrected to the detriment of the accused! Double conviction for driving without a license. Violation of the principle ne bis in idem.

JUDGMENT Stăvilă v. Romania 01.03.2022 (app. no. 23126/16) see here SUMMARY The applicant was referred to trial for driving without a license. The prosecutor terminated the criminal prosecution by order due to the non-seriousness of the crime and imposed an administrative fine. The appellate prosecutor annulled the order and remanded the case for trial. He […]

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Shipwreck in international territorial waters with hundreds of victims. The cessation of persecution due to the immunity of the leaders of the responsible state was in accordance with international law. Non-violation of the right of access of the victims’ relatives to court

JUDGMENT Association des familles des victimes JOOLA v. France 24.02.2022 (app. no. 21119/19) see here SUMMARY On 26 September 2002, the vessel Joola, which had been acquired in 1990 by the Senegalese State to operate the ferry route between Casamance and the rest of the country, went down in international waters off the coast of Gambia: […]

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The parent must be able to change the place of residence of his/her child when there is an emergency and the best interest of the latter requires it!

JUDGMENT Plazzi v. Switzerland 08.02.2022 (app. no. 44101/18) see here SUMMARY Impossibility of suspending the execution of an administrative act. Accommodation of a minor child. His best interest and urgency. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Plazzi case, […]

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Collective deportation, non-provision of immigrant entry procedures and lack of legal remedy against the deportation decision. Violation of the ECHR

JUDGMENT Shahzad v. Hungary  08.07.2021 (app. no. 12625/17) see here SUMMARY Prohibition of mass deportation of immigrants. Lack of an effective remedy. The applicant, a Pakistani national, attempted to enter Hungary illegally with a group of foreigners. The process of group entry into Hungary was impossible due to the limited size of the transit zone […]

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Excessive use of physical force by police during the search of suspects’ homes. Insulting the dignity of the suspects, but not of their family members

JUDGMENT Ilievi and Ganchevi v. Bulgaria 8.6.2021 (no. 69154/11 and 69163/11) see here SUMMARY Home research, excessive use of police force and respect for human dignity. Armed police officers with hoods entered the applicants houses, very early in the morning and without any prior notice of the two applicants, who were suspected of financial crimes. […]

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Refusal of the authorities to return the body for burial and the cremation of the deceased without the consent of the relatives. Violation of the right to private life

JUDGMENT Gatsalova v. Russia 20.04.2021 (app. no. 41318/10) see here SUMMARY Right of burial and knowledge of the place of burial of the deceased. Incineration of the dead. Right to respect for private and family life. Terrorist attack and clash with police in Russia on 13.10.2005 that resulted in the death of many participating terrorists. […]

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Diavata prison and the humiliating living conditions for a diabetic prisoner in a wheelchair! Condemnation of Greece for degrading treatment

JUDGMENT Kargakis v. Greece 14.01.2020 (app. no. 27025/13) see here SUMMARY The case concerned the medical provision for the applicant during his pre-trial detention and his conditions of detention in Diavata Prison, the lack of an effective remedy to complain about the latter, and the length of the proceedings relating to the judicial review of […]

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Extensive police check of identity papers and personal belongings without sufficient safeguards. Violation of privacy

JUDGMENT Vig v. Hungary 14.01.2021  (app. no. 59648/13) see here SUMMARY Respect for privacy and extensive police checks on identity documents and personal belongings. Inability to control and proportionality of the police order for extensive police controls. During extensive police checks ordered by the Director of Police to prevent illegal immigration, the applicant, attending a […]

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