Article 8

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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Children born to a surrogate mother abroad. Does the refusal to register the birth certificate where it stated as the mother the “intended” mother rather than the biological one violate family life?

JUDGEMNT C and E v. France 12.12.2019 (no. 1462/18 and 7348/18) see here SUMMARY Birth through a surrogate mother and the right to have a parental relationship with the person who the child wants. Refusal by the French authorities to enter into the French register full details of birth certificates of children born through a […]

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The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

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Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17)  see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

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Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

JUDGMENT Abdyusheva and others v. Russia  26/11/2019  (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here  SUMMARY The case  concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

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The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

JUDGMENT Κ.Ο. and V.M.  v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY  Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

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