article 18

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

JUDGMENT
Şık v. Turkey 24.11.2020 (app. no.  36493/17)
The case concerned the initial and continued pre-trial detention of the journalist Ahmet Şık, who
was suspected of disseminating propaganda in favour of organisations considered to be terrorist
organisations or of assisting them through articles and interviews published in the Turkish daily
newspaper Cumhuriyet and social media posts, all of which criticised government policy.
The Court held that Mr Şık could not be reasonably suspected, at the time of his placement in
detention, of having committed the offences of disseminating propaganda in favour of terrorist
organisations or assisting those organisations. In other words, the facts of the case did not support
the conclusion that a reasonable suspicion had existed against him. Accordingly, although imposed
under judicial supervision, the orders for Mr Şık’s initial and continued detention had been based on
mere suspicion.

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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

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 […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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Ongoing detention of human rights defender violates the ECHR

JUDGMENT Kavala v. Turkey  10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

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House arrest of an activist and over-limitations in his communication. Violation of the right to freedom and freedom of expression

JUDGMENT Navalnyy v. Russia 09.04.2019 (n. 2) (no. 43734/14) see here SUMMARY The case concerned Mr Navalnyy being held under house arrest during a criminal investigation against him and the restrictive measures imposed on him during that time. The Court found that the house-arrest order had not been justified, particularly in view of the fact […]

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κράτηση

The former Prime Minister of Georgia and the (rare) implementation of Article 18 of the ECHR. His temporary detention was used for a purpose other than that established.

JUDGMENT Merabishvili v. Georgia 28.11.2017 (no.72508/13) see here   SUMMARY  The applicant is one of the leaders of the former ruling party, the United Nations Movement (UNM), who for several months served as Georgia’s Prime Minister for a few months, and shortly afterwards he was on the opposition side. He was arrested after being prosecuted […]

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