Article 8

The balance between the freedom of TV broadcasting and the protection of the reputation of politicians

JUDGMENT Haupt v. Austria 01-06-2017 (no. 55537/10) see here SUMMARY Conflict of rights. Freedom of expression. Right to protection of reputation. Balancing rights. Superiority of the freedom of expression of a television presenter who called a politician “usually surrounded by small brown rats” against the protection of his reputation. The amount awarded by the national […]

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Deprivation of family visits violates the right to family life

JUDGMENT Vladimir Nikolayevich Fedorov v. Russia (no. 48974/09) 30-5-2017 see here  SUMMARY Provisional reservation. Right to family life. Detainee. Visite deprivation. Depriving a detainee from communicating with his relatives throughout his detention violates his or her right to family. The ECtHR found a violation of Article 8 of the ECHR. PROVISIONS Article 5 par. 3 […]

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Access to computer files by authorities without judicial authorization violates private life

DECISION Trabajo Rueda v. Spain 30-5-2017 (no. 32600/12) see here  SUMMARY Access to computer records by the police without prior court decision and without urgency. Violation of privacy. The applicant went his computer to a store to replace a defective data recorder. The technician noticed that files on the computer contained child pornography material, and […]

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Unlawful residential research and the seizure of personal belongings violated the right to privacy and respect of home.

JUDGMENT Bože v. Latvia 18-5-2017 (no. 40927/05) see here  SUMMARY Residential search and seizure. Investigation and seizure carried out in the applicant’s apartment on the grounds that he was selling an unauthorized medicine for the treatment of HIV, hepatitis and cancer through the Internet. The actions of the authorities in his home were not based […]

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Banning relatives to visit a prisoner violates his right to family life.

JUDGMENT Pakhtusov v. Russia 16-5-2017 (no. 11800/10) see here  SUMMARY Family life. Detainee. Relatives’ visits. Prohibition to relatives to visit a prisoner held in administrative detention for use of an expired driving license, as the visits were not foreseen by the legislation. The Court has condemned Russia for violating the applicant’s family life. PROVISION Article […]

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οικογενειακή ζωή

The communication between the father and the child, in the presence of the mother,after divorce, violates the right to family life

JUDGMENT Improta v. Italy 04-05-2017 (no. 66396/14) see here  SUMMARY Right to father-daughter communication without the presence of the mother. Right to family life.  The case concerned the applicant’s inability to exercise the right of communication due to the reaction of the mother of the child. The ECtHR considered that the father of the child […]

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Deportation when justified on grounds of public interest is not incompatible with Article 8 of the ECHR.

JUDGMENT Krasniqi v. Austria  25-04-2017 (no. 41697/12) see here  SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]

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The disclosure of telephone files offends the right to privacy

JUDGMENT Savotchko v. the Republic of Moldova 28-03-2017 (no. 33074/04) see here  SUMMARY Privacy policy. Disclosure of telephone files. The case concerned disclosure of the telephone file of the applicant during the proceedings between the applicant and her mother. The disputed files included, inter alia, information and data on the numbers called and the date, […]

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