Article 8

Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

JUDGMENT Χ.  and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here  SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

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Ineffective criminal protection of homosexuals against hate speech on facebook violates their right to privacy

JUDGMENT Beizaras and Levickas v. Lithuania 14.01.2020 (no. 41288/15) see here SUMMARY The case raised questions about the State’s responsibility to protect individuals from homophobic hate speech. The applicants are two young men who are in a relationship. One of the applicants posted a photograph of them kissing on his Facebook page, which led to […]

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φυλακές

Overcrowded cells and the lack of heating consists degrading treatment of the prisoners. Prisoners’ online communication is prohibited due to the existence of other means of communication

JUDGMENT Ciupercescu v. Romania 07.01.2019 (no.  41995/14) see here SUMMARY Conditions of detention in prison and degrading treatment. The applicant has been sentenced to 11 years in prison in various Romanian prisons. He appealed before the domestic courts for detention conditions regarding overcrowding, cell size, humidity, delayed medical care, a ban on online chat with […]

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The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here   SUMMARY  Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

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Unjustified seizure of electronic data protected by lawyer-client professional secrecy, violates privacy

JUDGMENT Kırdök and others v. Turkey  03.12.2019  (no. 14704/12) see here SUMMARY In this case the applicants, who are lawyers, complained about the seizure of their electronic data by the judicial authorities for the purposes of criminal proceedings against another lawyer (Ü.S.), who had shared their office. The Court found, in particular, that the seizure […]

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The removal of a child’s custody from his father, in the best interest of the child, did not violate the father’s right to family life

JUDGMENT Lacombe v. France 10.10.2019 (no. 23941/14) see here  SUMMARY The case concerned proceedings for the return of a child to his mother in the United States under the Hague Convention. The Court found that the domestic courts had taken due account of the applicant’s allegations and that the decision-making process had been fair. The […]

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Secret recording and video recording without a legal warrant for employee bribery. Violation of privacy. The fair trial was not infringed as the conviction was based on other evidence

JUDGMENT Hambardzumyan v. Armenia 05.12.2019 (no.  43478/11) see here SUMMARY The case concerned the applicant’s complaint that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. The Court found in particular that the warrant had not been specific enough about the person who was the […]

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The long-term ban on leaving the country has more serious consequences than that on a sitizen and violated the right to privacy. Extensive interpretation of criminal law and non-application of a more specific provision infringed Article 7 of the ECHR

JUDGMENT Parmak and Bakir v. Turkey 3.12.2019 (no. 22429/07 and 25195/07) see here  SUMMARY Legislative gap, broad interpretation of criminal law and proportionality principle. The applicants were charged with being involved with a terrorist organization and were banned from leaving the country only after their sentence had been imposed. Due to a legislative gap in […]

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The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

JUDGMENT A.S. v. Norway (no.  60371/15) Abdi Ibrahim v. Norway (no. 15379/16) SUMMARY The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a young age and then in the first case to refuse to terminate long-term foster care for the child and in the second to […]

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