Άρθρο 13 Archives

Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

Article 13
September 3, 2019 6:56 pm

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 […]

Review of the ECHR decision. The Court awards the deceased’s damages to his mother.

Article 10
September 2, 2019 6:27 am

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 […]

State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

Article 10
August 27, 2019 9:20 am

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 […]

Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

Article 13
July 23, 2019 4:36 pm

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

Article 2
July 3, 2019 12:09 pm

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here SUMMARY Road traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed heavily into the back of his car shunting it, into the back of a parked military lorry. He suffered serious injuries and […]

Death of a three-year-old girl from meningitis that she got in the kindergarten and the examination of the Court

Article 2
December 20, 2018 7:54 pm

JUDGMENT Plotnikov v. Russia 20.12.2018 (no. 74971/10) see here SUMMARY The case concerned the death of the applicant’s daughter from a meningitis infection and his complaint of the lack of an effective investigation. The Court found that there was no evidence to suggest that the Russian authorities had not met their obligation under Article 2 […]

Failure to pay compensation for the expropriation of company assets for public use violates the ECHR

1st P - Article 1
September 17, 2018 8:44 am

JUDGMENT Β. Tagliaferro & Sons Limited and Coleiro Brothers Limited v. Malta 11.09.2018 (no. 75225/13 and 77311/13) see here SUMMARY Expropriation for public use and property right. Twenty-five years after the expropriation of two companies’ properties, the public project was not executed. Absence of irrevocable court order for compensation. Infringement of the right to property and right of […]

Illegal detention without prior information and deportation of asylum seekers

Article 13
September 11, 2018 7:10 am

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 § […]

The protection of property requires ownership of the property or its use

1st P - Article 1
September 5, 2018 9:52 am

JUDGMENT Sakskoburggotski and others v. Bulgaria 12.04.2018 (no. 38948/10, 55777/12 and 8954/17) see here SUMMARY The case Sakskoburggotski and Others v. Bulgaria (application nos. 38948/10, 55777/12 and 8954/17) concerns the former King of Bulgaria, his sister and five other members of the royal family, and their attempts to obtain the restitution of former properties of […]

Failure to pay a lawyer who represented the public sector. Violation of property protection

1st P - Article 1
August 30, 2018 12:53 pm

JUDGMENT Chorbov v. Bulgaria 25.01.2018 (no. 39942/13) see here SUMMARY Not paying a lawyer his full fee for the legal services he provided by representing the State at the International Court of Arbitration in Paris in 2005. Infringement of Article 1 of the First Protocol (protection of property) and Article 13 (right to an effective […]

Άρθρο 13