article 34

Humiliating treatment of a prisoner. Stay 77 days in isolation without natural light! Detention in a Covid-19 quarantine space ! Moral damage 25,000 euros!

JUDGMENT Feilazoo v. Malta 11.03.2021 (app. no.  6865/19) see here SUMMARY   The case concerned the conditions of the applicant’s immigration detention and its lawfulness. It also concerned complaints in relation to the proceedings before this Court, mainly related to interference with correspondence and domestic legal-aid representation. The Court took issue with many aspects of the […]

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Inter-state application for the protection of the interests of a governmental organization, ie a Bank that does not enjoy independence from the state, does not fall within the jurisdiction of the ECtHR

GRAND CHAMBER JUDGMENT
Slovenia v. Croatia 16.12.2020 (no. 54155/16)
The case concerned unpaid and overdue debts owed to Ljubljana Bank by various Croatian
companies on the basis of loans granted at the time of the former Yugoslavia.

The Court observed that under Article 34 (individual applications) a legal entity could bring a case
before it provided that it was a “non-governmental organisation” within the meaning of that Article.
The idea behind this principle was to ensure that a State Party could not act as both an applicant and
a respondent in the same matter.
Article 33 of the Convention (inter-State applications) did not allow an applicant Government to
defend the rights of a legal entity which did not qualify as a “non-governmental organisation” and
which therefore would not be entitled to lodge an individual application under Article 34.

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Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

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δικηγόρος

No state can file an individual application. Application for a fair trial by the Democratic Republic of the Congo v. Belgium is considered inadmissible

JUDGMENT Democratic Republic of the Congo v. Belgium 29.10.2020 (App. no. 16554/19) see here  SUMMARY The Democratic Republic of the Congo complained about the reasoning given in judgments of the Brussels Court of Appeal and the Court of Cassation in determining the starting point of the limitation period for civil actions. It relied on Article […]

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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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The repatriation of a foreigner who did not substantiate his allegations did not violate the ECHR. Violation due to insufficient research and no granting of an interpreter.

JUDGMENT M.S v. Slovenia and Ukraine 11.06.2020  (no.  17189/11) see here  SUMMARY Asylum applicant, rights of legal representation in a language understood by the applicant, procedural obligations of the State. The applicant, passing through Ukraine illegally, was arrested at the Slovak border. Return to Ukraine as the head of the first host country, where he […]

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Failure to provide medical care to detainees constitutes inhumane and degrading treatment.

JUDGMENT Kadagishvili v. Georgia 14.05.2020 ( no. 12391/06) see here   SUMMARY Failure to provide medical care to detainees in accordance with their health problems is inhumane and degrading treatment. Detention of detainees and conditions of a fair trial. The first and third applicants were convicted of money laundering and held in high-security prisons. They […]

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Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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