Article 8

The reputation of a senior naval officer has been tarnished by the release of classified judicial information that implicated him in the serious crime of overthrowing the government.

JUDGMENT Sağdıç v. Turkey 09.02.2021 (app. no. 9142/16) see here SUMMARY In this case the applicant alleged a breach of his right to protection of his reputation on account of a series of articles published in the daily newspapers Taraf and Yeni Şafak in November and December 2009, accusing him of involvement in an action […]

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Torture, death, abduction, inhuman and degrading treatment, police brutality against protesters! Multiple convictions for violations of the ECHR

JUDGMENT Shmorgunov and Others v. Ukraine (applications no. 15367/14 and 13 others), Lutsenko and Verbytskyy v. Ukraine (12482/14 and 39800/14), Kadura and Smaliy v. Ukraine (42753/14 and 43860/14), Dubovtsev and Others v. Ukraine (21429/14 and 9 others) and Vorontsov and Others v. Ukraine (58925/14 and 4 others) 21.01.2021. see here SUMMARY The cases concerned events around […]

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The national authorities demand a previous gender reassignment surgery. Right to self-determination. Violation of the right to respect for privacy

JUDGMENT X. and Y. v. Romani 19.01.2021 (app. no. 2145/16 and 20607/16) see here SUMMARY The case concerned the situation of two transgender persons whose requests for recognition of their gender identity and for the relevant administrative corrections to be made were refused on the grounds that persons making such requests had to furnish proof […]

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Extensive police check of identity papers and personal belongings without sufficient safeguards. Violation of privacy

JUDGMENT Vig v. Hungary 14.01.2021  (app. no. 59648/13) see here SUMMARY Respect for privacy and extensive police checks on identity documents and personal belongings. Inability to control and proportionality of the police order for extensive police controls. During extensive police checks ordered by the Director of Police to prevent illegal immigration, the applicant, attending a […]

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Inability of a Roma grandmother to exercise her communication rights regarding her granddaughter despite their strong ties, on the grounds that she was coming from a family of criminals! Violation of the right to respect for family life

JUDGMENT Terna v. Italy 14.01.2021 (no. 21052/18) see here SUMMARY Right of family life of grandmother – granddaughter and ethnic discrimination The applicant is a Roma national. She was assigned custody of her minor granddaughter when the girl’s parents were jailed for serious offenses. With various court proceedings under the supervision of the competent Judge, […]

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Eviction is the most extreme interference with the right to respect for one’s home! An interesting decision by the Court to expel retired officers

JUDGMENT
Lushkin and others v. Russia 15.12.2020 (app.no. 29775/14 and 29967/14)
Right to housing, eviction and proportionality of intervention in a democratic society.
The case concerned the eviction of the applicant officers and their spouses from the homes provided to them by the army while they were in the military. After their demobilization, they were called to leave the specific apartments in exchange for the concession of other newly built apartments. Their relocation was postponed without their fault, by decision of the Mayor because the new apartments were built without a planning permission. They filed a complaint for violation of the right to respect for their home, because they did not have accommodation to settle.

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Adoption cannot be based primarily on the absence of a relationship between the biological mother and the child. Obligation of the state to take measures for the reunification of the biological family!

JUDGMENT
M.L. v. Norway 22.12.2020 (app. no. 64639/16)
Inadequacy of a mother to raise her child for psychological reasons. Removal of parental responsibility from the mother. Approval of adoption of her daughter by foster parents, to whom she was placed from the age of 9 days. The domestic authorities based the adoption decision, mainly on the absence of ties between the biological mother and daughter and on her attachment to the foster parents.
According to the ECtHR, although the relationship between the biological mother and daughter was very limited, the placement of the latter in a foster family when she was only 9 days old had left no room for them to develop any real relationship. The ECtHR also pointed out that the applicant’s very limited rights of communication with her daughter (four times a year, for 2 hours at a time) had been decided on the grounds that the parental decision was to be long-term. There was no indication that the domestic authorities had taken any real steps to reconsider the right of communication while the child was in a foster family.

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Inaction of authorities to protect residents from noise coming from a police station. Violation of the right to respect for privacy and residence

JUDGMENT
Yevgeniy Dmitriyev v. Russia 01.12.2020 (app. no.  17840/06)
Noise protection. Right to respect for privacy and peaceful enjoyment of home.
The applicant appealed to the national courts for harassment from the emission of various noises due to the installation of a police station and detention center in the basement of his apartment building. Prior to appealing to the Court, he had complained in writing to the competent authorities but his complaint was not considered. Although the national courts ruled that the police station should be relocated, the decision was not enforced. He brought an action for violation of the right to privacy and residence.
The Cound that the day-to-day operations of the police department had directly interfered with the applicant’s rights under Article 8 of the Convention, due to excessive noise and insufficient measures 13 years and either were not effective or were not taken at all.

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The dismissal of a teacher who taught Serbian in a Croatian school violated the right to privacy

JUDGMENT
Mile Novaković v. Croatia 17.12.2020 (app. no. 73544/14)
The case concerned a teacher’s complaint about being dismissed in 1999 for giving his classes in
Serbian rather than in Croatian. Of Serb ethnicity, he had lived and worked in Croatia for most of his
professional life and at the time of his dismissal was working at a secondary school in Eastern
Slavonia, in an area which had been peacefully reintegrated into Croatian territory after the war. The
authorities held in particular that he could not be expected to learn Croatian, given that he was
55 years old at the time.
The Court ruled that the authorities had dismissed the teacher, without considering any alternatives
such as training. Relying solely on his age and years of service, the authorities had applied the most
severe sanction, thereby significantly interfering with his rights.

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Insufficient judicial control regarding a measure of dismissal of an official in a public body imposed after the failure of a military coup in Turkey. Violation of the ECHR

JUDGMENT
Pişkin v, Turkey 15.12.2020 (app. no. 33399/18)
The case concerned Mr Pişkin’s dismissal on the grounds that he had links with a terrorist
organisation, in the wake of the declaration of a state of emergency in Turkey following the failed
military coup of 15 July 2016, as well as the subsequent judicial review of that measure.
Mr Pişkin complained that neither the procedure leading to his dismissal nor the subsequent judicial
proceedings had complied with the guarantees of a fair trial. He also complained that he had been
branded a “terrorist” and “traitor”.

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