Άρθρο 13 Archives

Denial of recognition of religious association by the state. Discriminatory decision and absence of an effective remedy

Article 14
08/06/2021 19:52

JUDGMENT Ancient Baltic religious association Romuva v. Lithuania 8.6.2021 (application no. 48329/19) see here SUMMARY The case concerned the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State-recognised religious association. The Court found in particular that the State authorities had not provided a reasonable and objective […]

The statute of limitations for the offenses due to an error of the prosecuting authorities and delays in the pre-trial violation violated the right of access to court!

Article 6 - Par. 1
19/03/2021 19:13

JUDGMENT Petrella v. Italy 18.03.2021 (app. no. 24340/07) see here SUMMARY The case concerned the length of the preliminary investigations in the context of criminal proceedings brought on the basis of a complaint by the applicant for defamation, the lack of an effective remedy in respect of the length of the proceedings and the discontinuance […]

Deportation before the examination of the legal remedies and despite the judicial suspension of the deportation. Conviction for ineffective appeal and for the procedural part of Article 3 of the ECHR

Article 13
08/11/2020 10:38

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.

Failure to process asylum applications and repatriation of aliens violated the ECHR

4ο Π-Άρθρο 4
17/08/2020 06:40

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 […]

Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

Article 13
04/08/2020 06:43

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 […]

Limited cell space less than 3 sq.m. per person, constitutes degrading treatment. Violation of Article 13 for lack of effective remedy

Article 13
24/07/2020 15:21

.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 […]

The right to obtain sufficient information about available legal remedies and the ECHR

Article 13
22/05/2020 09:05

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 […]

The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

1st P - Article 1
21/05/2020 09:54

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 […]

Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

Article 3
10/04/2020 09:01

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 […]

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
03/09/2019 18:56

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 […]

Άρθρο 13