Article 13

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 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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Romania committed several rights violations due to its complicity in CIA secret detainee programme

JUDGMENT  Al Nashiri v. Romania 31.05.2018 (no. 33234/12) see here   SUMMARY The case Al Nashiri v. Romania (application no. 33234/12) concerned the applicant’s allegations that Romania had let the United States Central Intelligence Agency (the CIA) transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to […]

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Lithuania’s involvement in CIA secret detainee programme led it to commit multiple rights violations

JUDGMENT  Abu Zubaydah v. Lithuania 31.05.2018 (no. 46454/11) see here   SUMMARY The case Abu Zubaydah v. Lithuania (application no. 46454/11) concerned the applicant’s allegations that Lithuania had let the United States Central Intelligence Agency (CIA) transport him onto its territory under the secret extraordinary rendition programme and had allowed him to be subjected to ill-treatment […]

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Men detained in prison without water, power and heating suffered rights violation

JUDGMENT Pocasovschi and Mihaila v. Republic of Moldova and Russia 29.05.2018 (no. 1089/09) see here   SUMMARY  The case concerned the applicants’ complaint about being held in poor conditions in a Moldovan prison whose electricity and water had been cut off by the separatist “Moldavian Republic of Transdniestria” (the “MRT”). The Court found that although the […]

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