Article 6 – Par. 1

Refusal to recognise a religious community because of similarities in its statutes with another religious association. Violation of religious freedom

JUDGMENT Föderation Der Aleviten Gemeinden in Österreich v. Austria 05.03.2024 (app. no. 64220/19) see here SUMMARY The applicant is an Alevi religious association in Austria. Its application for recognition as a religious community was rejected because of the similarities between its statutes and those of another similar religious association. On the basis of Articles 9 […]

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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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απαλλοτρίωση

The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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Refusal to grant the applicant the status of disabled person on the ground that no oral procedure was held. Infringement of the right to a fair trial

JUDGMENT Duric v. Serbia 06.02.2024 (app. no. 24989/17) see here SUMMARY The applicant applied to the competent administrative courts for recognition as a war invalid because at the age of only 13 he was injured by the remains of an explosive device from an earlier armed conflict that had not been destroyed. His request was […]

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Judge participated in the examination of an appeal on points of law, despite having served as head of the Attorney General’s Office during the period when his subordinate prosecutors brought the appeal on points of law in question. Breach of objective impartiality

JUDGMENT Ugulava v. Georgia (no. 2) 01.02.2024 (app. no. 22431/20) see here SUMMARY In December 2013, the applicant, a politician, who at the time was acting as Mayor of Tbilisi, was charged with aggravated embezzlement. In January 2019, two prosecutors of the General Prosecutor’s Office appealed against the appellate decision to the Supreme Court. The […]

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Extraordinary appeal by the Attorney General annuls an irrevocable court decision after 11 years! Conviction for setting up an unlawful court and violation of privacy!

JUDGMENT Lech Wałęsa v. Poland 23.11.2023 (app. no. 50849/21) see here SUMMARY The case concerned a civil suit that Mr Wałęsa had taken against a former friend and associate, Krzysztof Wyszkowski, who had accused him publicly of collaboration with the secret services under the communist regime. Although he had won the case, the final judgment […]

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