Article 8

Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

JUDGMENT  Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here  SUMMARY  Extradition of  five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

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The refusal to appoint a teacher who was successful in a competition because of personal life issues and not because of professional incompetence, violated his right to privacy.

JUDGMENT Yilmaz v. Turkey 04.06.2019 ( no. 36607/06) see here  SUMMARY Unjustified interference with personal life. Refusal to appoint a teacher. The applicant, who came second to a teaching post abroad, was not appointed because of his personal life revealed by security investigation, in particular because he practiced  gender segregation and his wife’s dress code (veil).  […]

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The unjustified restrictions on remand pre -trial prisoners’ rights in terms of family visits, violates the right to protection of family life and constitutes a prohibited discrimination.

JUDGMENT Chaldayev v. Russia 28.05.2019 (no. 33172/16) see here   SUMMARY  Pre –trial  detention of a defendant and right to visit from family. The state has no right to lay down  restrictions on visits to relatives of pre-trial prisoners that are not considered appropriate and really  necessary. The applicant was held  on pre –trial detention and before […]

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The refusal to grant a residence permit for family reintegration reasons to a foreigner who presented false information did not violate the right to respect for privacy.

JUDGMENT  Abokar v. Sweden 06-06-2019 (no. 23270/16) see here SUMMARY Refusal by the Swedish authorities to grant the applicant a residence permit for reasons of family reintegration. The applicant had provided inaccurate information to the authorities on his identity and thus had problems in proving this, while he had no connection with Sweden except his […]

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The Court refused to protect the privacy of communications of an employee who harassed his girlfriend by sharing her photos with others via e-mails and messages!

JUDGMENT  Garamukanwa v. United Kingdom 06.06.2019 (no. 70573/17) see here  SUMMARY  Protection of correspondence and privacy. Harassment of a woman by sharing her photos through e-mails and messages to third parties by the applicant. Dismissal of the applicant from the National Health Service after a harassment investigation based on photos found on his iPhone and […]

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The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

JUDGMENT  Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

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The unjustified decision to secretly surveil telephone conversations violated the right to respect for privacy and correspondence

JUDGMENT  Liblik and others v. Estonia 28.05.2019 (no. 173/15, 181/15, 374/15, 383/15, 386/15 and 388/15) see here   SUMMARY  Surveillance of phone conversations. The applicants were accused of high-level corruption. The Inter-Criminal Tribunal had been instructed by the Homeland Security Service to monitor the telephone conversations of the three applicants. Their interference with privacy and correspondence […]

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The Court decides not to return the children to their father because of domestic violence. Complete contradiction with the rationale of national courts.

JUDMENT  O.C.I. and others v. Romania 21.05.2019 (no. 49450/17) see here SUMMARY  Domestic violence. Abuse of children by their father in the past. The mother took the children to her home country of Romania and did not return to Italy, which was the permanent home of the family and where their Italian father lived. The […]

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Home visit to inspect building work in the occupier’s absence and without his permission breached the Convention

JUDGMENT  Halibi v. France 16.05.2019 (no. 66554/14) see here SUMMARY Protection of  residence  from arbitrary inspections. Inspection in a building under construction, by building inspectors according to the Spatial Planning Code. The apartment  was inspected and the officials drew up a report noting a number of constructions which were at variance with the building permit and prior […]

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Report by the parliamentary commission regarding the President of the National Broadcasting Corporation. The opinion expressed does not amount to a criminal conviction and neither the presumption of innocence nor his private life were violated

JUDGMENT Kwiatkowski v. Poland 16.05.2019 (no. 58996/11)  see here SUMMARY Publication of a report by the Polish Parliament on allegations of corruption in the amendment of the Broadcasting Act. The applicant’s complaint that the report hurt his reputation and constituted a criminal conviction without himself having access to an effective remedy. The Court found that […]

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