Article 6 – Par. 1

ιδιοκτησία

Forced Expropriation. The critical time for determining the final value of an expropriation compensation unit is the time the discussion takes place where the substance of the case is being investigated in court.

JUDGMENT Tsigaras v. Greece 14-11-2019 (no. 12576/12) see here  SUMMARY  Without the payment of a reasonable amount of compensation proportionate to the value of the expropriated property, deprivation of property is generally an excessive violation of the right to peaceful enjoyment. The appropriateness of the compensation would be reduced if it were to be paid […]

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The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no.  72916/10) see here  SUMMARY  Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

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The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

JUDGMENT  Kuzhelev and others v. Russia 15.10.2019 (no.  64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here  SUMMARY  Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred  to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here  SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

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The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

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The Holocaust denial is not protected by the ECHR.

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

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Failure to hear the applicant and witnesses on appeal flouted the requirements of the right to a fair trial.

JUDGMENT Camacho Camacho v. Spain 24/09/2019 (application no.  32914/16) see here SUMMARY Fair trial and the principle of adversarial  hearing. The applicant was charged with assaulting his ex-wife. He was acquitted at  first instance but  the public prosecutor  appealed . He was sentenced to imprisonment and fined, even though he and several witnesses had never been […]

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Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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