By Article

δικηγόρος

The imposition of a permanent heating charge on disconnected users violated the right to their property.

JUDGMENT Strezovski and others v. North Macedonia 27.2.2020 (no.14460/16, 14958/16, 14962/16, 14966/16, 27884/16, 16064/17, 20229/17 and 30206/17). see here  SUMMARY The applicants are owners of houses for which they were imposed under domestic law, the continuous payment of a heating fee to a private company from which they were disconnected. The domestic courts dismissed their […]

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Jehovah’s Witnesses are entitled to preach their religion and distribute their books. Illegal detention

JUDGMENT Nasirov and others v, Azerbaijan  20.02.2020 (no. 58717/10) see here   SUMMARY The applicants are nationals of Azerbaijan and Jehovah’s Witnesses. All the applicants were transferred to police stations after attempting to preach door to door on their religion, and were held administratively without official registration for at least 3 hours because of distributing religious […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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The Court intervenes on the substance of the criminal case. Non-examination of evidence, insufficient reasoning and lack of impartiality: Unfair trial

JUDGMENT Paixão Moreira Sá Fernandes v. Portugal 25.2.2020 (no. 78108/14) see here  SUMMARY The case concerned the applicant’s conviction for recording a conversation with a businessman who was offering him money to ensure that his brother, a Lisbon City Councillor, would withdraw his opposition to a contract that the businessman wished to conclude with the […]

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Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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Serious injury of minor on a construction site. A thorough judicial investigation is required

JUDGMENT Zinatullin v. Russia 28.01.2020 (no. 10551/10) see here   SUMMARY Right to life and judicial protection. Insufficient criminal investigation and inadequate compensation. The applicant, only 14 years old, was seriously injured when he fell through a gap on the floor of an unfinished building near his school. The building belonged to the municipality of his […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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απαλλοτρίωση

Failure to pay compensation for expropriation violates the right to property. The lack of funds does not justify the no payment of the compensation.

JUDGMENT Vlastaris v. Greece 20.2.2020 (no.  43543/14) see here SUMMARY Forced expropriation in favor of the Municipality and obligation to pay compensation. A decision was taken by the Municipal Council of the Municipality of Aigaleo to force the expropriation of the applicant’s property for public benefit. According to the Constitution (Article 17), the final unit […]

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δικηγόρος

Overturning an acquittal decision by a court of last instance based on an expert opinion. Non-infringement of fair trial.

JUDGMENT Marilena-Carmen Popa v. Romania 18.02.2020 (no. 1814/11) see here  SUMMARY The case concerned criminal proceedings against the applicant for forgery. The Court found in particular that the Court of Cassation, the court of last instance in the case, had found the applicant guilty of an act of forgery, overturning a first-instance acquittal. The Court […]

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