Article 8

The unilateral presentation of a private commercial activity of a Parliamentary election candidate has violated his privacy and is not protected by the freedom of expression

JUDGMENT  Prunea v. Romania 08.01.2019 (no. 47881/11) see here SUMMARY  Freedom of expression and protection of privacy. Defamation of a Parliamentary election candidate through allegations that he has not repaid a loan he received for his election campaign. Compensation for damages from national courts. No violation of the freedom of expression, since the applicant did not […]

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The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

JUDGMENT  Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here   SUMMARY  Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

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Visiting restrictions, the existence of a glass partition and the presence of a guard during family visits and the great distance of the prison facility from the relatives’ residence violate the prisoner’s right to his / her family life

JUDGMENT  Resin v. Russia 18.12.2018 (no. 9348/14) see here   SUMMARY  Rights of prisoners in family life. The limited number of relatives in the applicant’s visit, the existence of a glass partition in the visitor room, the constant supervision of his relatives ‘visits by the prison staff and the great distance of the prison (7,000 km) […]

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Children’s refusal to return to their mother and their manipulation by the father does not exempt the authorities from taking the necessary measures to restore family ties. Failure to enforce judgments for custody violates the right to family life.

JUDGMENT  R.Ι. and others v. Romania 4.12.2018 (no. 57077/16) see here SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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Expulsion of Turkish from Germany following his convictions regarding drugs. Non-integration into German society. It is necessary for society to expel him

JUDGMENT Cabucak v. Germany  20.12.2018  (no. 18706/16) see here SUMMARY The case concerned the applicant’s expulsion to Turkey by the German authorities following several criminal convictions. The Court found in particular that Mr Cabucak had sufficiently demonstrated that he enjoyed a relationship on a regular basis with his daughter which constituted family life within the […]

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The 13-year-old child has the right to choose with whom he will stay and who will have his custody. Assignment of custody to grandparents after the death of the mother and not to the indifferent father is compatible with the ECHR

JUDGMENT Khusnutdinov and X. v. Russia  18.12.2018 (no. 76598/12) see here   SUMMARY The case concerned a child residence dispute. The Court reiterated that as soon as children become mature, the courts should give due weight to their views and feelings and to their right to respect for their private life. Given that Mr Khusnutdinov’s […]

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Expulsion of aliens. When it is contrary to the ECHR

JUDGMENT Saber and Boughassal v. Spain 18.12.2018 ( no. 76550/13 and 45938/14) see here SUMMARY The case concerned expulsion orders against two Moroccan nationals following their convictions for criminal offences in Spain. The Court found in particular that the national authorities had failed to examine the nature and seriousness of the criminal convictions in question, […]

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The obligation of a spouse to give testimony to a criminal case in which his wife was a “special witness”, a stage ie before being characterised as a suspect, is contrary to the right to the protection of family life

JUDGMENT Kryževičius v. Lithuania 11.12.2018 (no. 67816/14) see here SUMMARY Witness against his wife. The applicant’s refusal to testify as a witness in a case where his wife was a “special witness”, a witness being investigated regarding her own potential criminal activity. Imposition of a fine for the refusal to testify and an inability of […]

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Non-execution of a custody decision. The State bears the responsibility and must take all necessary measures to restore family ties

JUDGMENT R.Ι. and others v. Romania 4.12.2018 (no.  57077/16) see here   SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The Court examines private versus public landlord-tenant relationships, dismisses case brought by a private tenant complaining about a possession order

JUDGMENT  F.J.M. v. United Kingdom  29.11.2018 (no.  76202/16) see here   SUMMARY  The case concerned a possession order against a tenant after the landlords, who were also her parents, defaulted on their mortgage payments. The applicant complained under Article 8 (right to respect for private and family life and the home) that the UK courts had […]

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