Deportation of the applicant to Sudan by the Belgian authorities despite the existence of a court order ordering the temporary suspension of the measure and despite the pending request of the court to release him.
JUDGMENT Μ.Κ. and others v. Poland 23.07.2020 (app. no. 40503/17, 42902/17 and 43643/17) see here SUMMARY The case concerned the repeated refusal of Polish border guards on the border with Belarus to admit the applicants, who had come from Chechnya and had asked for international protection. The European Court of Human Rights held, unanimously, that […]
JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property with irrevocable decisions, however the Inventory Office refused […]
.UDGMENT Lautaru and Seed v. Greece 23.07.2020 (ap. no. 29760/15) see here SUMMARY Conditions of detention, supervising prοsdecutor and actual appeal. The applicants were detained in various detention facilities in a limited space of less than 3 sq.m. per person, due to overcrowding in those prisons. They also complained about unsanitary conditions, limited and inadequate […]
Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: andraz.tersek@upr.si Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: jurij.toplak@um.si Introduction The right to an effective legal remedy and the right to access court, guaranteed by Articles 13 and 6 of the European Convention on Human Rights, require that the law […]
JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them, they […]
JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]
JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]
JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]
JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]
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