Άρθρο 13

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

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

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 […]

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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.

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 […]

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

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 […]

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

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 […]

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Illegal detention without prior information and deportation of asylum seekers

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 § […]

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περιουσία

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

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 […]

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police violence

Torture of two citizens by a police officer. Sentenced to a light penalty, non-disciplinary punishment and promotion! The criminal and disciplinary system in Greece is devoid of seriousness according to Strasbourg!

JUDGMENT  Sidiropoulos and Papakostas v. Greece 25.01.2018 (application no. 33349/10)  see here SUMMARY  The case concerned criminal proceedings leading to the conviction of a police officer for torturing Mr Sidiropoulos and Mr Papakostas, and in particular the sanctions imposed on the offender: a five-year prison sentence commuted to a fine of five euros per day of […]

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