Article 8


The residence of children with their mother and the transfer abroad to their mother’s permanent residence does not violate the father’s right to family life

JUDGMENT  Malinin v. Russia12.12.2017 (no. 70135/14) see here   SUMMARY  Child custody of the mother instead of the father and the transfer of the children abroad, to the place of residence of the mother. No violation of family life. PROVISION  Article 8 PRINCIPAL FACTS  The applicant, Aleksey Malinin, is a Russian national who was born in […]

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The prohibition of access to a personal file for the person concerned violates his right to privacy

JUDGMENT  Yonchev v. Bulgaria 7.12.2017 (no.  12504/09) see here   SUMMARY  A police officer is unsuitable for work for psychological reasons. Prohibition of access to his / her personal service file. Violation of the right to respect for private and family life. PROVISION  Article 8 PRINCIPAL FACTS  The applicant, Ivan Yonchev, is a Bulgarian national who […]

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ιδιωτική ζωή

The forced relocation of a family due to neighborly ethnic assaults violates the right to privacy.

JUDGMENT  Alković v. Montenegro 5.12.2017 (no. 66895/10) see here   SUMMARY  Ethnic and religious attacks on a Roma-Muslim and his child by their neighbors. Shots, threats and crosses at his door, forced the family to move. Ineffective research. Violation of the right to respect for privacy in conjunction with a breach of the prohibition of discrimination. […]

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Video recording at university amphitheater violates the privacy of teachers and students

JUDGMENT  Antović and Mirković v. Montenegro 28.11.2017 (no. 70838/13) see here   SUMMARY  The case concerned an invasion of privacy complaint by two professors at the University of Montenegro’s School of Mathematics, Nevenka Antović and Jovan Mirković, after video surveillance had been installed in areas where they taught. They stated that they had had no effective […]

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δίκαιη δίκη

When secret surveillance of suspects violate the limits of a fair trial

JUDGMENT  Grba v. Croatia 23.11.2017 (no. 47074/12) see here   SUMMARY  Police trap is denounced by the applicant, who was suspected by the authorities for counterfeiting currency. In this context, the prosecutor approved the follow-up of his telephone conversations, as well as his surveillance by secret police officers and the purchase of the last counterfeited […]

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Telephone tapping, video footage and secret surveillance without legal approval violate privacy.

JUDGMENT  Judgment of 7.11.2017 Akhlyustin v. Russia (no. 21200/05), Dudchenko v. Russia (no. 37717/05), Konstantin Moskalev v. Russia (no. 59589/10),  Moskalev v. Russia  (no. 44045/05) SUMMARY  All five cases concern secret supervision measures in criminal proceedings without prior judicial approval. In particular, the applicants were monitored through covert video recording at an office, telephone tapping, audio tracking. Also in […]

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δίκαιη δίκη

Can a fair trial be based on an unlawful means of proof?

JUDGMENT  Dragoş Ioan Rusu v. Romania  31-10-2017 (no. 22767/08) see here  SUMMARY Trafficking of a prohibited drug through local post. Seizure of correspondence with the urgent procedure without a court decision. Although in contrast with Article 8 regarding  the applicant’s correspondence, the criminal proceedings for drug trafficking were fair after the trial and allegations of […]

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The legal prohibition on heterosexual couples to enter into registered partnership does not violate the right to personal and family life

JUDGMENT  Ratzenböck and Seydl v. Austria 26-10-2017 (no. 28475/12) see here  SUMMARY  Lack of possibility for heterosexual couples to enter into a registered partnership. The Austrian registered partnership  is an alternative to marriage only for same-sex couples. The applicants, as a heterosexual couple, had access to marriage in an institution that satisfied the need for […]

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