Άρθρο 13

δικηγόρος

Prohibition of holding a political party congress due to lack of legal conditions. No violation of the freedom of assembly

JUDGMENT Yeşiller ve Sol Gelecek Partisi v. Turkey  10.05.2022 (app. no. 41955/14) see here SUMMARY The applicant party, the Yeşiller ve Sol Gelecek Partisi (Greens and the Left Party of the Future), is a Turkish political party founded on November 30, 2012 and based in Ankara. The National Electoral Commission (HEC) refused to allow the […]

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Detainee in a stinking prison. Overcrowded and small cells with poor ventilation, full of cockroaches and lice! Humiliating detention conditions!

JUDGMENT Volodya Avetisyan v. Armenia 03.05.2022 (app. no.39087/15)  see here SUMMARY The applicant, Volodya Avetisyan, is an Armenian national born in 1963. He has been held in Nubarashen prison in various cells since 23 September 2013. The applicant complained of inadequate and degrading conditions of detention. He filed complaints in the courts against the prison […]

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Process delays. Failure to bring an action for damages for breach of reasonable time before the end of the proceedings before the national courts. Violation of fair trial

JUDGMENT Verrascina and others v. Italy 28.04.2022 (app. no. 15566/13 and 5 other applications)  see here SUMMARY The applicants are 16 Italian nationals. Their applications concerned the length of previous proceedings before the Italian courts and the 2012 reform of Article 4 of Law 89 of 8 March 2001 (the so-called “Pinto” law), which brought […]

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The Court against disciplinary proceedings of judges! Disciplinary penalties have a subversive effect and are aimed at the entire judiciary! Reprimand a judge for posting an article on Facebook! Violation of freedom of receiving and transmitting information!

JUDGMENT Kozan v. Turkey 01.03.2022 ( app. no.  16695/19) see here SUMMARY The case concerned a disciplinary sanction (reprimand) imposed on Mr Kozan, a serving judge, for having shared in May 2015, in a private Facebook group, a press article headed “Judicial rehabilitation for closing the 17 December investigation, dismissal for conducting the investigation”, without […]

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Early termination of a judge’s term of office as a member of the National Council and inability to exercise judicial control. Violation of a fair trial

JUDGMENT Grzęda v. Poland 15.03.2022 (app. no. 43572/18) GRAND CHAMBER JUDGMENT see here SUMMARY Mr Grzęda is a judge. The case concerned his removal from the National Council of the Judiciary (NCJ) before his term had ended and his inability to get judicial review of that decision. His removal had taken place in the context […]

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Temporary detention of a former Minister without serious evidence of his guilt. Inadequate medical care. Multiple violations of the ECHR

JUDGMENT Shirkhanyan v. Armenia 22.02.2022 (app. no. 54547/16) see here SUMMARY Pretrial detention. Detention conditions, inhuman and degrading treatment. Effective remedy for reporting violations. The applicant, a former Minister of Defense of the Armenian Government, was remanded in custody for approximately two years on charges of leadership and involvement in a terrorist organization. He suffered […]

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Unreasonable length of procedures for the adoption of minor children. Violation of a fair trial

JUDGMENT Q and R v. Slovenia 08.03.2022 (app. no. 19938/20) see here SUMMARY The applicants, nationals of Slovenia, are the grandparents of W. and Z., whose mother (the applicants’ daughter) was allegedly murdered in 2015 by the children’s father. After the death of the mother, the children remained with their grandparents until they were removed […]

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Inhumane conditions of detention in a cell of the Security Department of Thessaloniki with 20 detainees!

JUDGMENT Tousios v. Greece 10.02.2022 (app. no. 36296/19) see here SUMMARY Inhumane detention conditions at the premises of the Security Director   of Thessaloniki. Absence of an effective remedy. The applicant was arrested on 23 January 2019 on charges of membership in and participation in a criminal organization and smuggling of migrants, and was placed in […]

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Inability to take measures to suspend the execution of an administrative decision to change the place of residence of a child. Violation of access to court!

JUDGMENT Roth v. Switzerland 08.02.2022 (app. no. 69444/17) see here SUMMARY Possibility of suspending the execution of an administrative act. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Roth case, the Child and Adult Protection Authority (APEA) approved the transfer […]

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ιδιοκτησία

Reduction of minimum fees for ex-officio appointed lawyers by court decision! Violation of respect for their property

JUDGMENT Dănoiu v. Romania  25.01.2022 (app. no. 54780/15) see here SUMMARY Fees of ex-officio appointed lawyers. Arbitrary reduction of their wages. Violation of the right to peaceful enjoyment of possessions. A court decision reduced the minimum statutory fees of three (3) lawyers who were appointed ex officio by the court in order to represent their […]

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