Article 8 Archives

Overcrowded cells and the lack of heating consists degrading treatment of the prisoners. Prisoners’ online communication is prohibited due to the existence of other means of communication

Article 3
12/01/2020 21:12

JUDGMENT Ciupercescu v. Romania 07.01.2019 (no. 41995/14) see here SUMMARY Conditions of detention in prison and degrading treatment. The applicant has been sentenced to 11 years in prison in various Romanian prisons. He appealed before the domestic courts for detention conditions regarding overcrowding, cell size, humidity, delayed medical care, a ban on online chat with […]

The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

Article 8
06/01/2020 17:06

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here SUMMARY Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

Unjustified seizure of electronic data protected by lawyer-client professional secrecy, violates privacy

Article 8
03/01/2020 18:09

JUDGMENT Kırdök and others v. Turkey 03.12.2019 (no. 14704/12) see here SUMMARY In this case the applicants, who are lawyers, complained about the seizure of their electronic data by the judicial authorities for the purposes of criminal proceedings against another lawyer (Ü.S.), who had shared their office. The Court found, in particular, that the seizure […]

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

Article 8
02/01/2020 19:00

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 […]

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

Article 6 - Par. 1
01/01/2020 00:52

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 […]

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

Article 7
27/12/2019 18:24

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 […]

The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

Article 8
19/12/2019 07:25

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 […]

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?

Article 8
15/12/2019 19:34

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 […]

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

1st P - Article 1
14/12/2019 17:59

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 […]

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

Article 8
13/12/2019 20:26

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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