By Article Archives

The authorities’ failure to provide free drugs to cancer patient due to a state budget restriction violates the right to property.

1st P - Article 1
18/10/2019 16:29

JUDGMENT Fedulov v. Russia 8/10/2019 (no. 53068/08) see here SUMMARY The applicant is suffering from cancer. Appropriate free medical care was deemed , but it was unjustifiably discontinued only in the second month of administration. The domestic court dismissed his request for the continuation of the free supply of medicines and reimbursement of costs so far, […]

Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

Article 6 - Par. 1
17/10/2019 19:51

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

1st P - Article 1
16/10/2019 16:44

JUDGMENT Gauci and others v. Malta 08.10.2019 (no. 57752/16) see here SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

The lack of a proper examination of the applicant’s defamation allegation by a magazine that characterized the Nazi camp survivors as “mass murderers”, “criminals” and “plagues” violated his privacy, although he had not been named.

Article 8
15/10/2019 20:18

JUDGMENT Lewit v. Austria 10.10.2019 (no. 4782/18) see here SUMMARY The case concerned a now 96-year-old Holocaust survivor’s complaint that he had been defamed by a right-wing periodical and that the courts had not protect his right to reputation. The Court found that the Austrian courts had failed to protect the applicant’s rights because they […]

The expulsion of a Syrian rebel in Syria violates the ECHR due to the risk of being illtreated.

Article 2
14/10/2019 18:59

JUDGMENT O.D. v. Bulgaria 10.10.2019 (no. 34016/18) see here SUMMARY Bulgarian authorities order the deportation of a former Syrian military officer to Syria on the grounds that he was a threat to national security. In particular, the Court found that, given the overall situation in Syria and the personal risk faced by the applicant, it […]

The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

Article 8
13/10/2019 18:31

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

7th P - Article 4
12/10/2019 17:30

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

Ban on converting a public building into a place of worship for a religious group. The prohibition is justified due to violations of urban planning legislation.

Article 9
11/10/2019 11:24

JUDGMENT Pantelidou v. Greece 10.10.2019 (no. 36267/19) see here SUMMARY Transformation of a public property into a place of worship and the right to religious freedom. The applicant, who is a member of the Church of True Orthodox Christians, alleged that her right to religious was violated because it was forbidden for her religious community to […]

Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.

Article 10
10/10/2019 07:34

JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]

Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

Article 10
09/10/2019 11:08

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

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