By Article

Lack of fair satisfaction due to excessive length of criminal proceedings violated the right to a fair trial within a reasonable time.

JUDGMENT  Papargyriou v. Greece 21.11.2019 (no.  55846/15) see here SUMMARY Failure to grant just satisfaction under Greek law for the excessive length of the criminal proceedings before the investigating authorities. In particular, the Court found that the procedure, which lasted more than 10 years and nine months at the pre-trial level, was too long, in […]

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The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

JUDGMENT Κ.Ο. and V.M.  v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY  Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

The flash mobs * under the umbrella of the freedom of assembly

JUDGMENT Obote v. Russia  19.11.2019 (no.  58954/09) see here  SUMMARY The case concerned the applicant’s prosecution for taking part in a flash mob, which the courts viewed as a static demonstration requiring previous notification. The Court considered the flash mob a “peaceful assembly” and found that the reasons given by the domestic authorities to justify […]

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The conviction of the accused based on a witness deposition who testified against him because he had a personal benefit of impunity in his own case and the lack of access to the file violated the principles of fair trial.

JUDGMENT Adamčo v. Slovakia 12.11.2019  (no. 45084/14) see here  SUMMARY Reliability of witnesses, access to the case file and fair trial. The applicant was first acquitted of the charge of complicity in homicide. An appeal was filed by the Prosecutor who converted the charge from a mere accomplice to a perpetrator and was convicted by a […]

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The deportation of Iraqi to his country while his life was in danger, violated his right to life and constituted degrading and inhumane treatment.

JUDGMENT Ν.Α. v. Finland 14.11.2019 (no. 25244/18) see here SUMMARY The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of […]

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Slaughter of diseased animals: lack of compensation for a company which had failed to comply with health regulations did not infringe its property rights

JUDGMENT S.A. Bio d’ Ardennes v. Belgium 12.11.2019 (no. 44457/11) see here SUMMARY The case concerned the Belgian authorities’ refusal to compensate the applicant company for the compulsory slaughter of 253 head of cattle infected with brucellosis. The Court found, among other things, that the applicant company had been refused compensation because of numerous breaches […]

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ιδιοκτησία

Forced Expropriation. The critical time for determining the final value of an expropriation compensation unit is the time the discussion takes place where the substance of the case is being investigated in court.

JUDGMENT Tsigaras v. Greece 14-11-2019 (no. 12576/12) see here  SUMMARY  Without the payment of a reasonable amount of compensation proportionate to the value of the expropriated property, deprivation of property is generally an excessive violation of the right to peaceful enjoyment. The appropriateness of the compensation would be reduced if it were to be paid […]

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The violent arrest and beating of her father by the police in front of the eyes of the nine-year-old daughter constitutes inhuman and degrading treatment against the minor!

JUDGMENT Α. v. Russia 12.11.2019 (no.  37735/09) see here SUMMARY The case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The Court found that the applicant’s allegations were credible, but that the authorities’ only response had been to carry […]

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The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no.  72916/10) see here  SUMMARY  Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

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