JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]
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 […]
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 […]
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 […]
Transportation of prisoners in metal chambers in trucks without water and food constitutes degrading treatment. Systemic problem.
JUDGMENT Tomov and others v. Russia 09.04.2019 (18255/10, 63058/10, 10270/11, 73227/11, 56201/13 and 41234/16) see here SUMMARY Transfer of prisoners. Poor detention conditions. Complaints of seven Russian prisoners. The Court found that the violations were mainly caused by the adherence to obsolete standards for the transfer of detainees (transportation to solid metal wards in prison […]
Keeping prisoners in the cells for 23 hours a day is a degrading treatment. Temporary detention legislation must accurately stipulate its duration
JUDGMENT Bigović v. Montenegro 19.03.2019 (no. 48343/16) see here SUMMARY Degrading conditions of detention. A prisoner sentenced to 30 years’ imprisonment for murdering an investigator remained for 23 hours a day locked in his cells and the only regular activity outside the cell was exercise for one hour a day. Lack of adequate provision for […]
Unacceptable and humiliating treatment of unaccompanied minors by Greek state authorities and illegal deprivation of their liberty. Violations of Greece
JUDGMENT H.A. and others v. Greece 28.02.2019 (no. 19951/16) see here SUMMARY The case concerned the placement of nine migrants, unaccompanied minors, in different police stations in Greece, for periods ranging between 21 and 33 days. The migrants were subsequently transferred to the Diavata reception centre and then to special facilities for minors. The Court found, […]
JUDGMENT Lolov and others v. Bulgaria 21.02.2019 (no. 6123/11) see here SUMMARY Presumption of innocence and family criminal organization. A family is accused of creating a criminal organization that favors tax evasion and extortion. They complaint that their presumption of innocence had been violated because of a press release issued by the Ministry of Interior, […]
Non-execution of a civil judgment within a reasonable time violates court access and the right to respect property
JUDGMENT Cristea v. Republic of Moldova 13.02.2019 (no. 35098/12) see here SUMMARY Non-execution of irrevocable court order for 11 years and fair trial. The applicant’s complaint that the final court order obliging the State to give him housing is pending for 11 years and has not been executed to date. No effective domestic remedy to […]
The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.
JUDGMENT M.A. and others v. Lithuania 11.12.2018 (no. 59793/17) see here SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]