ECHR Decisions

Information of the Afghan immigrants in the island of Chios in Greek that they could appeal against deportation to an administrative court without specifying which court was i and where it was, since in Chios such a court did not exist. Violation of the ECHR

JUDGMENT  O.S.A. and others v. Greece  21.03.2019  (no. 39065/16) see here SUMMARY The case concerned the applicants’ conditions of detention in the Vial centre on the island of Chios, and the issues of the lawfulness of their detention, the courts’ review of their case, and the information provided to them. The Court considered that, in […]

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Insufficient and ineffective investigation of allegations of rape violated the privacy of the victim and constituted degrading treatment

JUDGMENT E.B. v. Romania 19.03.2019 (no. 49089/10) see here SUMMARY The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights. The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the […]

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The incorrect assessment of evidence of a drug convicted violated the fair trial

JUDGMENT  Kobiashvili v. Georgia 14.03.2019 (no. 36416/06) see here SUMMARY Drug conviction. The manner in which the basic evidence against the applicant was gathered calls into question the credibility and accuracy of the evidence. Procedural irregularities in the applicant’s personal investigation, inconsistent and contradictory evidence of the actual circumstances of the investigation, inadequate judicial control […]

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Unfair establishment of a Court of Appeal due to an illegal appointment of a judge. Infringement of Article 6 of the ECHR

JUDGMENT Guðmundur Andri Ástráðsson v. Iceland  12.03.2019 (no.  26374/18),  see here  SUMMARY The case concerned the applicant’s allegation that the new Icelandic Court of Appeal (Landsréttur) was not established by law. The Court found in particular that the process by which a judge was appointed to the Court of Appeal had amounted to a flagrant […]

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The penalty of life imprisonment when there is no prospect of release of the detainee and the possibility of re-examining the sentence constitutes inhuman and degrading treatment

JUDGMENT Petukhov v. Ukraine 12-3-2019(n. 2) (no. 41216/13) see here SUMMARY The case mainly concerned a prisoner’s complaint that Ukrainian law did not provide for release on parole for life prisoners. Mr Petukhov, the applicant, has been serving a life sentence since 2004. The  European Court of Human Rights held, unanimously, that there had been […]

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Dominique Strauss-Kahn, the unproven complaint against him for attempted bribery and the conviction of the complainant. No violation of freedom of expression

JUDGMENT Campion v. France 14-3-2019 (no. 35255/17), SUMMARY The case concerned comments made by Marcel Campion to the weekly magazine VSD on account of which he was found guilty of defaming Dominique Strauss-Kahn. Like the domestic courts, the Court was of the view that Mr Campion had not provided a sufficient factual basis in order […]

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The systematic prosecution of a newspaper owner for the publication of statements by leaders of “terrorist” organizations violated freedom of expression.

JUDGMENT Ali Gürbüz v. Turkey  12-3-2019 (no. 52497/08, 6741/12, 7110/12, 15056/12, 15057/12 and 15059/12) see here   SUMMARY The case concerned seven sets of criminal proceedings brought against Mr Gürbüz for publishing, in his daily newspaper Ülkede Özgür Gündem, statements by the leaders of organisations characterised as terrorist under Turkish law. He was acquitted after proceedings […]

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Genocide! The Court did not condemn the condemned for genocide, since he could foresee both the offense and his punishment

JUDGMENT  Drėlingas v. Lithuania 12.03.2019 (no. 28859/16) see here SUMMARY The case concerned the applicant’s conviction for genocide for taking part in a 1956 operation to arrest two partisans who had resisted Soviet rule. The Court concluded that Lithuania’s Supreme Court had now resolved previously existing legal discrepancies in domestic practice on such genocide trials, […]

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Video, Dance and YouTube. The Court revises the substance of the case and disagrees with the judgment of the national courts that a criminal offense has been committed! An important decision that opens new ways for a fair trial!

JUDGMENT Rustamzade v. Azerbaijan 07-03-2019 (no. 38239/16) see here   SUMMARY The case concerned a student’s arrest and detention in 2013 for allegedly filming some friends dancing in a park and uploading the video of it to YouTube. He was charged with hooliganism and spent one year in pre-trial detention. He was convicted in 2014 as […]

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National legislation should provide for a specific review of the detention of a prisoner. The non-review violates Article 5 of the ECHR

JUDGMENT  Šaranović v. Montenegro 05-03-2019 (no. 31775/16) see here SUMMARY The case concerned Mr Šaranović’s complaints about his pre-trial detention for two and half years in Montenegro on suspicion of being behind the 2013 murder of the brother of the leader of a Serbian criminal organisation. He had allegedly arranged the murder out of revenge […]

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