Άρθρο 34

Threat to dismiss an employee if he did not provide copies of his correspondence with the ECHR. Infringement of the right of individual appeal

JUDGMENT Boškoćević v. Serbia 05.03.2024 (app. no. 37364/10) see here SUMMARY The applicant was an employee of a national park in Kosovo*. He lodged an application with the European Court to complain about the non-enforcement of a judgment in his favour with regard to outstanding wages. The case essentially concerned his complaint that his managing […]

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φυλακές

Retaliation to a prisoner for appealing and winning at the ECtHR! Repeated transfers and deprivation of visits! Violation of the right to respect for private life

JUDGMENT Stanislav Lutsenko (no. 2) v. Ukraine 15.09.2022 (app. no. 483/10) see here SUMMARY Retaliatory behavior of prisons against a prisoner after a successful appeal to the ECtHR. The applicant was serving a 13-year sentence for manslaughter. While in prison, he worked as a cook, continued his university studies and had been praised for his […]

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The administrative detention of a minor for 14 days is inhuman treatment! The protection of the minor outweighs the illegality of his parents!

JUDGMENT N.B. and others v. France 31.03.2022 (app. no. 49775/20) see here SUMMARY Administrative detention of an eight-year-old minor alien. Obligation of the authorities to protect against any inhuman treatment, especially due to its vulnerability. The case concerned the administrative detention of the applicants, two parents and their 8-year-old minor, pending their removal from France. […]

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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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Patient with bipolar disorder was kept in prisons instead of a psychiatric hospital! Violation of a number of ECHR provisions

JUDGMENT  Sy v. Italy 24.01.2022 (app. no. 11791/20) see here SUMMARY The case concerned the fact that the applicant, who suffered from a personality disorder and bipolar disorder, had remained in detention in an ordinary prison despite domestic court decisions stating that his mental health was incompatible with such detention and ordering his transfer to […]

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Extradition of a seriously ill person without a health risk assessment would lead to a real risk of inhuman or degrading treatment

JUDGMENT Khachaturov v. Armenia  24.6.21 (no. 59687/17) see here SUMMARY Extradition and prohibition of inhuman or degrading treatment. Domestic decision of extradition of the applicant, who has serious health problems due to stroke, from Armenia to Russia. Inability to travel, even under medical supervision, due to his serious health condition. The ECtHR emphasized the importance […]

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δικηγόρος

Government decision to cancel shares for bank restructuring. Lack of judicial control over the need for restructuring. Violation of the right to respect for property and a fair trial

JUDGMENT PROJECT-TRADE D.O.O. v. Croatia 19.11.2020 (app. no. 1920/14) see here SUMMARY Withdrawal and cancellation of company shares in a bank, right of access to court and right to peaceful enjoyment of property. Government decision on financial restructuring of the Croatian National Bank, where the applicant company had shares. The contested government decision consisted in […]

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Strasbourg for the first time against the coronavirus! Inadmissible application for omissions and inadequate handling of the health crisis due to Covid-19, without the plaintiff being a victim!

JUDGMENT
Le Mailloux v. France 03.12.2020 (app. no. 18108/20)
The case concerned the applicant’s objections to the handling by the French State of the Covid-19
health crisis.
The Court observed that the applicant was complaining about the measures taken by the French State to curb the propagation of the Covid-19 virus among the whole population of France, but had not shown how he was personally affected. It reiterated that it did not recognise an actio popularis:
meaning that applicants cannot complain about a provision of domestic law, a domestic practice or
public acts simply because they appear to contravene the European Convention on Human Rights. In
order for applicants to be able to claim to be a victim, they must produce reasonable and convincing
evidence of the likelihood that a violation affecting them personally will occur.
The application was thus incompatible with the European Convention.

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Exclusion of a candidate from parliamentary elections without sufficient guarantees. Violation of the right to free elections

JUDGMENT Abil v. Azerbaijan 5.12.2019 (no. 2) (appl. no. 8513/11) see here SUMMARY The case concerned the applicant being disqualified from running in parliamentary elections. The Court found that the procedures used by the election authorities, who had found the applicant liable for illegal campaigning before the permitted date, which had led to his disqualification, […]

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