Article 8

Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

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The domestic courts’ refusal to impose liability on an Internet forum for anonymously posted comments was not in breach of Article 8

JUDGMENT Høiness v. Norway 19.03.2019 (no. 43624/14) see here SUMMARY The case concerned the domestic courts’ refusal to impose civil liability on an Internet forum host after vulgar comments about Ms Høiness had been posted on the forum. The Court found in particular that the national courts had acted within their discretion (“margin of appreciation”) […]

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Information of the Afghan immigrants in the island of Chios in Greek that they could appeal against deportation to an administrative court without specifying which court was i and where it was, since in Chios such a court did not exist. Violation of the ECHR

JUDGMENT  O.S.A. and others v. Greece  21.03.2019  (no. 39065/16) see here SUMMARY The case concerned the applicants’ conditions of detention in the Vial centre on the island of Chios, and the issues of the lawfulness of their detention, the courts’ review of their case, and the information provided to them. The Court considered that, in […]

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Insufficient and ineffective investigation of allegations of rape violated the privacy of the victim and constituted degrading treatment

JUDGMENT E.B. v. Romania 19.03.2019 (no. 49089/10) see here SUMMARY The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights. The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the […]

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The right of grandparents to communicate with their grandchildren and the Court

JUDGMENT Bogonosovy v. Russia 05.03.2019 (no. 38201/16) see here SUMMARY The case concerned a grandfather who wanted to maintain ties with his granddaughter after her adoption by another family. The Court held that the domestic courts should have assessed his request to maintain a post-adoption relationship with his granddaughter but had instead interpreted and applied […]

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Legislation that allows with no suspicion the interrogation of a passenger up to 9 hours and an obligation to answer the questions of the authorities without being detained and without the presence of a lawyer violates the respect for his private life

JUDGMENT Beghal v. United Kingdom 01.03.2019 (no.4755/16) see here SUMMARY The case concerned the use of counter-terrorism legislation giving immigration officers the power to stop, search and question passengers at ports, airports and international rail terminals. The applicant, Sylvie Beghal, had been stopped and questioned at East Midlands Airport in 2011. The Court found that the […]

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The expulsion of a Moroccan national living in Italy for 20 years on grounds of public order protection has not infringed his family or private life

JUDGMENT Narjis v. Italy 14.02.2019 (no.57433/15) see here SUMMARY The case concerned the Italian authorities’ refusal to renew the residence permit of a Moroccan national (Mr Narjis) who had lived in Italy for 20 years, on the grounds that he posed a danger to society, and his expulsion to Morocco. The Court decided to examine Mr […]

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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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