Article 13

Victory for the LGBT community against bans on public events in Russia.

JUDGMENT  Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY  The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

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Failure to pay compensation for the expropriation of company assets for public use violates the ECHR

JUDGMENT  Β. Tagliaferro & Sons Limited and Coleiro Brothers Limited v. Malta 11.09.2018 (no. 75225/13 and 77311/13) see here   SUMMARY Expropriation for public use and property right. Twenty-five years after the expropriation of two companies’ properties, the public project was not executed. Absence of irrevocable court order for compensation. Infringement of the right to property and right of […]

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Legitimate hospitalization in a psychiatric hospital without the will of the patient

JUDGMENT  Guelfucci v. France  26.07.2018 (no. 31038/12) see here   SUMMARY  The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

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Family allowances: no discrimination against persons from the Roma ethnic group but excessive length of proceedings

JUDGMENT  Negrea and others v. Romania 19.07.2018 (no.  53183/07) see here   SUMMARY  The case concerned, among other things, allegations of indirect discrimination on the grounds of belonging to the Roma ethnic group, vis-à-vis the right to family allowances. The Court considered, firstly, that proceedings which lasted seven years and nine months, a duration which […]

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Sudden blocking of owners in visiting and managing their real estate

JUDGMENT  Sandu and others v. the Republic of Moldova and Russia 17.07.2018 (no. 21034/05) see here   SUMMARY The case concerned complaints by 1,646 individual Moldovan applicants and three companies that they had not been able to access land in the separatist region of the “Moldovan Transdniestrian Republic” (“the MRT”) or had suffered other restrictions. The […]

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The place of detention of prisoners should be close to their home

JUDGMENT  Voynov v. Russia 03.07.2018 (no. 39747/10) see here   SUMMARY The case concerned a complaint brought by a prisoner that he had been sent to serve his sentence in a prison 4,200 kilometres from his home town. He has not seen his partner since 2014 and has never seen his four-year-old daughter. The Court found […]

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The refusal to grant permission to build a shopping center by the authorities violates the right to property

JUDGMENT  KIPS DOO and Drekalović v. Montenegro 26.06.2018 (no. 28766/06) see here SUMMARY  Refusal by the authorities to grant a building permit to a shopping mall while all the necessary procedures had been initiated by the applicants. Infringement of Article 1 of the First Protocol (protection of property) for non-issuance of a building permit, Article […]

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Refusal by national authorities to erase convictions from a criminal record. Revision of an ECtHR decision

JUDGMENT  Ε.Β. and others v. Austria 14.6.2018 (no. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07) see here SUMMARY Refusal by national authorities to remove and erase convictions from a criminal record of applicants. Infringement of Article 14 (non-discrimination), Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy. […]

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Illegal detention without prior information and deportation of asylum seekers

JUDGMENT  Amerkhanov v. Turkey 5.6.2018 (no. 16026/12) Batyrkhairov v. Turkey 5.6.2018 (no. 69929/12) SUMMARY  Detention of asylum seekers without informing them for the exact reasons. Inappropriate detention conditions. Illegal deportation without a request for asylum and a risk of torture. Violation of Article 3 (prohibition of inhuman treatment) due to detention conditions and Article 5 § […]

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