4ο Π-Άρθρο 2

υπερασπιστές ανθρωπίνων δικαιωμάτων

Police restraint of demonstrators violated their right to freedom of movement, expression and assembly

JUDGMENT Auray and others v. France  08.02.2024 (app. no. 1162/22) see here SUMMARY The case concerned the applicants’ containment for several hours on Place Bellecour in Lyons on 21 October 2010, during a demonstration against a pension reform bill. Having noted that the reason for cordoning off Place Bellecour had been to separate and contain […]

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Ban on exiting the country for journalists, without being accused or suspected, but witnesses! Violation of freedom of movement

JUDGMENT GANBAROVA and others v. Azerbaijan 21.09.2023 (app. 1158/17 and 2 others) see here SUMMARY Travel bans imposed on the applicant journalists in the context of a criminal investigation into the activities of an online channel with which they had collaborated. The applicants, without having been convicted, and without having the status of an accused […]

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Curfew and house arrest of an Islamist during state of emergency. Non-violation of the ECHR

JUDGMENT Pagerie v. France  19.01.2023 (app. no. 24203/16) see here SUMMARY Freedom of movement. Adequate procedural safeguards for the thirteen-month preventive curfew imposed on a radicalized Islamist during a state of emergency following terrorist attacks. Taking into account the urgency of preventing terrorist acts, the applicant’s conduct, the procedural guarantees he actually benefited from and […]

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Restrictive measures of curfew and house arrest for an alleged terrorist. No violation of free movement

JUDGMENT Fanouni v. France 15/06/2023 (app. no. 31185/18)  see here SUMMARY The case concerned a home curfew imposed on the applicant in the context of a state of emergency, prohibiting him from leaving the municipality of Champagne-sur-Oise. The Court considered, first of all, that the legal basis for the measure complained of, namely the Act […]

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Identity check on a train due to the color of the skin of the passenger. Insufficient judicial review of racially motivated crime. Violation for ineffective investigation

JUDGMENT Basu v. Germany 18.10.2022 (app. no. 215/19) see here SUMMARY Identification of a person belonging to an ethnic minority by police officers. The applicant is a German national but of Indian origin. Traveling by train with his daughter, an identity check was carried out by police officers. He claimed that it was done only […]

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The refusal to re-issue a passport to a legally resident alien who faced fear of persecution in his country of origin violated the right to free movement

JUDGMENT L.B. and others v. Lithuania 14.06.2022 (app. no. 38121/20) see here SUMMARY Right of the individual to travel to any country of his choice. Freedom of movement The applicant is a Russian citizen of Chechen origin. In 2001 he fled to Lithuania and was granted subsidiary protection until 2008, in view of the ongoing […]

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Expulsion of missionaries of the United Church from Russia with illegal procedures, constitutes a multiple violation of the ECHR

JUDGMENT Corley and others v. Russia 23.11.2021 (app. no. 292/06 and 43490/06) see here SUMMARY Protection of aliens legally residing in another state from arbitrary deportation decisions. Freedom of religion and prohibition of all inhuman and degrading treatment. The two applicants are missionaries of the United Church. He is an American and a Japanese citizen […]

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“Freezing” of bank accounts and travel bans to NGOs and its President, resulted in hindering their work! Conviction from the Court!

JUDGMENT Democracy and Human Rights Resource Center and Mustafayev v. Azerbaijan 14.10.10 (app. no. 74288/14 and 64568/16) see here SUMMARY Judgments against the applicants, who are members of human rights NGOs, and its President, during a criminal investigation launched against some NGOs in 2014 for alleged financial irregularities. The ECtHR noted that none of the […]

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Prohibition to leave the country due to debts! The impossibility of reviewing the measure until full payment, violated the right to freedom of movement!

JUDGMENT Stetsov v. Ukraine  11.05.2021 (app. no.  5170/15) see here SUMMARY The case concerned a ban on leaving the country imposed on Mr Stetsov on account of a failure to reimburse a debt established by a judgment. According to domestic law at the material time, that prohibition could not be lifted until the full amount […]

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Non-renewal of passport due to bank debt. Disproportionate interference with freedom of movement and violation of the ECHR

JUDGMENT Victor Rotaru v. Democracy of Moldova 08.12.2020 (app. no.  26764/12)   see here SUMMARY The case concerned the domestic authorities’ refusal over several years to issue the applicant with a passport, on the grounds that he had failed to repay a debt owed to a bank. The Court noted that the civil-registration authority had refused […]

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