By Article Archives

Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

Article 2
15/04/2020 09:00

JUDGMENT Murdalovy v. Russia 31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

Insufficient justification of court decisions and failure to respond to the parties’ allegations violated the fair trial

Article 6 - Par. 1
14/04/2020 09:00

JUDGMENT Mazahir Jafarov v. Azerbaijan 02.04.2020 (no. 39331/09) see here SUMMARY Right to be heard. Rejection of the courts to return the use of the applicant’s apartment to him by removing it from his ex-wife and children, in exchange for the payment of compensation on his behalf. Insufficient justification for domestic court decisions. According to […]

The award of excessive amounts for a court stamp and fees violated the right to access to court! The court fees should be according to the ability of the party to pay them!

Article 6
13/04/2020 09:00

JUDGMENT Chorbadzhiyski and Krasteva v. Bulgaria 02.04.2020 (app. no. 8938/07 and 41891/07) see here SUMMARY The case concerned the death of the applicants’ relatives during a police operation to quell a riot in a prison where they were being held. The Court first of all found various failings in the authorities’ investigation into the circumstances […]

Detention conditions in Russia. Adoption of a new legislation to compensate detainees for detention conditions after the Court’s convictions!

Article 3
10/04/2020 09:01

JUDGMENT Shmelev and others v. Russia 09.04.2020 (no. 41743/17 and 16 others) see here SUMMARY The case concerned a new law introduced in Russia at the end of 2019 in response to the European Court of Human Right’s leading judgments on improper conditions of detention. The law allows prisoners to claim compensation for inadequate conditions […]

The investigation into the injury of a woman by a police officer that lasted more than nine years and the lack of legislation on the use of weapons violated the right to life

Article 2
07/04/2020 09:00

JUDGMENT Andreea-Marusi Dumitru v. Romania 31.03.2020 (app. no. 9637/16) see here SUMMARY The case concerned the effectiveness and length of the investigation conducted after the applicant sustained gunshot wounds during a police operation at a goods train depot in November 2005. The Court observed that more than nine years and three months had elapsed between […]

The lack of medical supervision of a prisoner with suicidal tendencies and his 3-day isolation consists humiliating treatment!

Article 2
06/04/2020 07:58

JUDGMENT Jeanty v. Belgium 31.03.2020 (no. 82284/17) see here SUMMARY The case concerned an individual suffering from a psychological disorder who made several suicide attempts while in pre-trial detention in Arlon Prison. The Court considered that Article 2 was applicable in the present case because the very nature of Mr Jeanty’s actions (repeated suicide attempts) […]

Expropriation without compensation. The relocation offer does not replace the compensation. Violation of property right

1st P - Article 1
03/04/2020 09:09

JUDGMENT Abiyev and Palko v. Russia 24.03.2020 (no. 77681/14) see here SUMMARY Demolition by state authorities of the property of the applicants and expropriation of their land with the aim of rebuilding the city. Failure to comply with the legal procedure for expropriation. Rejection of their claim for compensation by the courts and non-receipt of […]

Unnecessary seizure for 7.5 months of computer of an non-accused violated his property and freedom of expression rights

1st P - Article 1
02/04/2020 09:01

JUDGMENT Pendov v. Bulgaria 26.03.2020 (no. 44229/11) βsee here SUMMARY Seizure of server for 7.5 months from a person who was not indicted. Professional use for website. Right to property and freedom of expression. Restricted access to the applicant’s cultural web site on Japanese anime due to unnecessary and prolonged confiscation of his computer server […]

Lawyer sentenced for defamation for writting an open letter on a subject of public interest violated his freedom of expression

Article 10
31/03/2020 08:49

JUDGMENT Tête v. Frabce 26.03.2020 (no. 59636/16) see here SUMMARY In this case the applicant complained about his conviction for malicious falsehood on account of an open letter which he had written to the President of the French Financial Markets Authority (AMF), in which he accused the Olympique Lyonnais Group (“the OL Group”) and its […]

Loss of property due to limitation. Violation of the right to property

1st P - Article 1
30/03/2020 08:45

JUDGMENT Elif Kızıl v. Turkey 24.03.2020 (no. 4601/06) see here . SUMMARY The applicant purchased a property which she recorded in the land register. One year after the registration, her ownership became public ownership on the ground that the land was registered as an unknown owner. The applicant was informed of the registration when the […]

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