Article 13 Archives

Inability of a Roma grandmother to exercise her communication rights regarding her granddaughter despite their strong ties, on the grounds that she was coming from a family of criminals! Violation of the right to respect for family life

Article 13
04/02/2021 10:18

JUDGMENT Terna v. Italy 14.01.2021 (no. 21052/18) see here SUMMARY Right of family life of grandmother – granddaughter and ethnic discrimination The applicant is a Roma national. She was assigned custody of her minor granddaughter when the girl’s parents were jailed for serious offenses. With various court proceedings under the supervision of the competent Judge, […]

A detainee was compensated with 500 euros for detention conditions in his cell and he was forced to pay 773 euros for the expertise made for the detention conditions! Violation of the ECHR

Article 13
25/11/2020 18:38

JUDGMENT
Barbotin v. France 19.11.2020 (app. no. 25338/16)
The case concerned the compensation awarded to the applicant by the domestic courts in respect of
his conditions of detention in Caen remand prison. The applicant complained of the ineffectiveness
of the compensatory remedy of which he had availed himself, in view of the low amount awarded
and the fact that he had had to pay the expert’s fees incurred to inspect the cells in which he had
been held.

Corporal examinations of a detainee in the anus constitute degrading treatment. Violation of Article 13 for non-provision of legal aid for filing a claim for damages

Article 13
16/11/2020 10:45

JUDGMENT
Roth v. Germany 22.10.2020 (app. no. 6780/18 and 30776/18)
Humiliating treatment and the right to compensation. The applicant, being held in a detention center in Germany, was ill-treated during his detention. He underwent at least 12 physical searches in secret parts of his body after he was forced to undress in front of the police. The domestic courts considered the corporal searches to be offensive treatment, however, they considered the recognition of the insult to be sufficient as a justification and refused to provide legal assistance to bring an action for damages.

Deportation before the examination of the legal remedies and despite the judicial suspension of the deportation. Conviction for ineffective appeal and for the procedural part of Article 3 of the ECHR

Article 13
08/11/2020 10:38

Deportation of the applicant to Sudan by the Belgian authorities despite the existence of a court order ordering the temporary suspension of the measure and despite the pending request of the court to release him.

Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

1st P - Article 1
04/09/2020 09:18

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

Article 13
02/09/2020 07:37

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020 (app. no. 20649/18) see here SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

Failure to process asylum applications and repatriation of aliens violated the ECHR

4ο Π-Άρθρο 4
17/08/2020 06:40

JUDGMENT Μ.Κ. and others v. Poland 23.07.2020 (app. no. 40503/17, 42902/17 and 43643/17) see here SUMMARY The case concerned the repeated refusal of Polish border guards on the border with Belarus to admit the applicants, who had come from Chechnya and had asked for international protection. The European Court of Human Rights held, unanimously, that […]

Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

Article 13
07/08/2020 07:41

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

Article 13
04/08/2020 06:43

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property with irrevocable decisions, however the Inventory Office refused […]

The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

Article 13
03/08/2020 07:29

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

Article 13