Article 8 Archives - Page 5 of 20

Τhe expulsion decision of an alien must take into account the principle of proportionality, including behavioral change, health deterioration, and family ties that have developed. Breach of private and family life from Switzerland

Article 8
April 28, 2019 6:07 pm

JUDGMENT Ι.Μ. v. Switzerland 09-04-2019 (no. 23887/16) see here SUMMARY Deportation decision of the applicant’s Swiss authorities, a Kosovo national following his conviction for rape. The applicant, with an 80% disability, currently lives in Switzerland with his adult children, of whom he is fully dependent. The European Court of Human Rights found in particular that […]

The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

Article 6 - Par. 1
April 24, 2019 8:54 pm

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

Article 8
April 12, 2019 4:42 pm

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

Denying access to the foster mother and family to the child after his return to his parents violates his family life

Article 8
April 9, 2019 5:55 pm

JUDGMENT V.D. and others v. Russia 09.04.2019 (no. 72931/10) see here SUMMARY De facto family and right of communication. A child with health problems is placed under the care of the first applicant and foster mother for his first 9 years of his life. He lived in the same house as the foster mother and […]

The domestic courts’ refusal to impose liability on an Internet forum for anonymously posted comments was not in breach of Article 8

Article 10
March 24, 2019 4:37 pm

JUDGMENT Høiness v. Norway 19.03.2019 (no. 43624/14) see here SUMMARY The case concerned the domestic courts’ refusal to impose civil liability on an Internet forum host after vulgar comments about Ms Høiness had been posted on the forum. The Court found in particular that the national courts had acted within their discretion (“margin of appreciation”) […]

Information of the Afghan immigrants in the island of Chios in Greek that they could appeal against deportation to an administrative court without specifying which court was i and where it was, since in Chios such a court did not exist. Violation of the ECHR

Article 3
March 22, 2019 10:14 am

JUDGMENT O.S.A. and others v. Greece 21.03.2019 (no. 39065/16) see here SUMMARY The case concerned the applicants’ conditions of detention in the Vial centre on the island of Chios, and the issues of the lawfulness of their detention, the courts’ review of their case, and the information provided to them. The Court considered that, in […]

Insufficient and ineffective investigation of allegations of rape violated the privacy of the victim and constituted degrading treatment

Article 3
March 21, 2019 11:12 am

JUDGMENT E.B. v. Romania 19.03.2019 (no. 49089/10) see here SUMMARY The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights. The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the […]

The right of grandparents to communicate with their grandchildren and the Court

Article 8
March 6, 2019 2:13 pm

JUDGMENT Bogonosovy v. Russia 05.03.2019 (no. 38201/16) see here SUMMARY The case concerned a grandfather who wanted to maintain ties with his granddaughter after her adoption by another family. The Court held that the domestic courts should have assessed his request to maintain a post-adoption relationship with his granddaughter but had instead interpreted and applied […]

Legislation that allows with no suspicion the interrogation of a passenger up to 9 hours and an obligation to answer the questions of the authorities without being detained and without the presence of a lawyer violates the respect for his private life

Article 8
March 2, 2019 2:59 pm

JUDGMENT Beghal v. United Kingdom 01.03.2019 (no.4755/16) see here SUMMARY The case concerned the use of counter-terrorism legislation giving immigration officers the power to stop, search and question passengers at ports, airports and international rail terminals. The applicant, Sylvie Beghal, had been stopped and questioned at East Midlands Airport in 2011. The Court found that the […]

The expulsion of a Moroccan national living in Italy for 20 years on grounds of public order protection has not infringed his family or private life

Article 8
February 15, 2019 2:34 pm

JUDGMENT Narjis v. Italy 14.02.2019 (no.57433/15) see here SUMMARY The case concerned the Italian authorities’ refusal to renew the residence permit of a Moroccan national (Mr Narjis) who had lived in Italy for 20 years, on the grounds that he posed a danger to society, and his expulsion to Morocco. The Court decided to examine Mr […]

Article 8