Article 13 Archives

Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

1st P - Article 1
25/07/2020 11:05

JUDGMENT Yunusova and Yunusov v. Azerbaijan 16.07.202 (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

Limited cell space less than 3 sq.m. per person, constitutes degrading treatment. Violation of Article 13 for lack of effective remedy

Article 13
24/07/2020 15:21

.UDGMENT Lautaru and Seed v. Greece 23.07.2020 (ap. no. 29760/15) see here SUMMARY Conditions of detention, supervising prοsdecutor and actual appeal. The applicants were detained in various detention facilities in a limited space of less than 3 sq.m. per person, due to overcrowding in those prisons. They also complained about unsanitary conditions, limited and inadequate […]

Women’s prisons in Eleona Thebes. Detention conditions for HIV / AIDS detainees are satisfactory. Conviction for ineffective remedies

Article 13
20/07/2020 07:09

JUDGMENT Dikaiou and others v. Greece 16.07.2020 (no. 77457/13) see here SUMMARY Conditions of detention of six HIV / AIDS applicants, held in the Eleona Thebes women’s prison before or after their irrevocable conviction. Lack of effective remedies by which they could terminate these conditions. The Court found that the general conditions of detention of […]

Procedure for examining a complaint about election results did not satisfy the effectiveness requirements of the Convention

1st P - Article 3
14/07/2020 19:28

GRAND CHAMBER JUDGMENT Mugemangango v. Belgium 10.7.2020 (no. 310/15) see here SUMMARY The case concerned a post-election dispute relating to the elections held on 25 May 2014. Before the Court, Mr Mugemangango complained about the procedure conducted by the Walloon Parliament after he had challenged the election results. He argued that the Walloon Parliament, which […]

Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

1st P - Article 1
05/07/2020 07:00

JUDGMENT Covalenco v. the Republic of Moldova 16.06.2020 (no. 72164/14) see here SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

Arbitrary blocking of websites. A blatant violation of the freedom of expression

Article 10
03/07/2020 10:48

JUDGMENT Vladimir Kharitonov (no. 10795/14), OOO Flavus and others (no. 12468/15, 23489/15 and 19074/16), Bulgakov (no. 20159/15) and Engels v. Russia 23.06.2020 (no.61919/16). see here SUMMARY Internet and freedom of expression. Arbitrarily blocking of websites. The cases concerned different types of blocking measures, including “collateral” blocking (where the IP address that was blocked was shared […]

Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

Article 13
20/06/2020 08:06

JUDGMENT Kaman v, Turkey 04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

Suspension of of journalist’s parliamentary credentials violates the freedom of expression

Article 10
29/05/2020 08:48

JUDGMENT Mándli and others v. Hungary 26.05.2020 (no. 63164/16) see here SUMMARY The case concerned the suspension of the applicants’ Parliament accreditation as journalists. The Court found in particular that the applicants, journalists working for various media outlets, had been reporting on a matter of public interest – alleged illicit payments linked to the National […]

The right to obtain sufficient information about available legal remedies and the ECHR

Article 13
22/05/2020 09:05

Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: andraz.tersek@upr.si Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: jurij.toplak@um.si Introduction The right to an effective legal remedy and the right to access court, guaranteed by Articles 13 and 6 of the European Convention on Human Rights, require that the law […]

The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates

Administrative
08/05/2020 11:39

JUDGMENT GRAND CHAMBER M.N. and others v. Belgium 05.05.2020 (no. 3599/18) see here SUMMARY The case concerned a couple of Syrian nationals and their two children, who were refused the shortterm visas that they had requested from the Belgian Embassy in Beirut with a view to applying for asylum in Belgium. The applicants claimed that […]

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