Article 8

δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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Unreasonable delays in the execution of a court decision for contact between father and daughter. Violation of respect for family life

JUDGEMENT HORVATOVICH v. HUNGARY 09.03.2023 (app. no. 12141/16) see here SUMMARY Failure of the Hungarian authorities to enforce decisions in relation to his contact rights with his daughter. The applicant’s marriage with A. was dissolved and the national courts approved the parties’ agreement about custody rights concerning the couple’s daughter, B. The Budapest Guardianship Authority” […]

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The interference with the detainee’s letter to his lawyer by prison authorities violated the right of respect for privacy and correspondence

JUDGMENT KARATAY v. TÜRKİYE 07.03.2023 (app. no. 28377/11) see here SUMMARY The applicant complained of the violation of his rights protected by the Convention and its Protocols, because of restrictions imposed on him, which stemmed from a prison sentence imposed on him for having intentionally committed an offence. Regarding the alleged violation of article 6 […]

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Students’ eviction from a State-owned hostel. Inadequate justification for the eviction and failure to take into account the personal situation of the applicants

JUDGMENT KLYMENKO v. UKRAINE 02.03.2023 (app. no. 14301/14) see here SUMMARY Eviction of the applicants from a State-owned hostel. Right of respect for home. In May 2012 the applicants sued the Kharkiv National Medical University (“the University”), seeking an acknowledgment of their right to protected tenancy of a flat in a State-owned student hostel managed by […]

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Transfer of a child from the USA to Cyprus without the father’s permission. Hague Convention and return of the child to the USA. No violation of family life

JUDGEMENT  G. K. vs CYPRUS 21.02.2023 (app. no. 16205/21) see here SUMMARY Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention. The applicant moved back to Cyprus with her one-year-old child, without letting the father know. Custody exercised jointly by both parents prior to removal. Thorough examination of […]

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Defamatory statements by a Minister at a press conference about a former Minister’s advisor. Defamation and invasion of privacy

JUDGEMENT Romanowski v. Poland 12.01.2023 (app. no. 55297/16) see here  SUMMARY The applicant, who had worked as one of several assistants and advisors to an outgoing Minister of Justice, brought a civil action for personal rights’ infringement against the incoming Minister in relation to the latter’s statements that the office laptops used by the outgoing […]

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Refusal by the Russian authorities to ensure legal recognition and protection of same-sex couples. Violation of private and family life

GRAND CHAMBER JUDGEMENT Fedotova and others v. Russia 17.01.2023 (app. nos. 40792/10, 30538/14 and 43439/14)  see here SUMMARY The six applicants formed three same-sex couples. On various dates they gave notice of marriage to their local departments of the Register Office. The applicants alleged that they were unable to have their respective relationships recognized and […]

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