By Article Archives

Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

1st P - Article 1
06/09/2019 21:05

JUDGMENT Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019 see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

Marriage between “ex-” brothers- and sisters-in-law. Annulment of marriage after 10 years of marriage and after the Greek authorities had issued a marriage license. The cancellation of the marriage by the Greek courts violated the right to marriage. Condemnation of Greece

Article 12
05/09/2019 14:42

JUDGMENT Theodorou and Tsotsorou v. Greece 5.09.2019 (appl. no. 57854/15) see here SUMMARY The case concerned a judicial decision annulling the marriage of Ms Tsotsorou and Mr Theodorou on the grounds that Ms Tsotsorou was Mr Theodorou’s former sister-in-law. On the basis of Article 1357 of the Civil Code – which prohibits, in particular, marriage […]

Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

Article 13
03/09/2019 18:56

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

Review of the ECHR decision. The Court awards the deceased’s damages to his mother.

Article 10
02/09/2019 06:27

JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]

The damages awarded by the national courts must restore the victim to the position he was in before his right was infringed.

1st P - Article 1
01/09/2019 09:08

JUDGMENT Portanier v. Malta 27.08.2019 (no. 55747/16) see here SUMMARY Rental application. Restitution of the victim of a violation of rights. Appeal on domestic legal protection in case of infringement of property rights. Although the national courts acknowledged that the applicant’s right to own property as a lessor had been infringed, they were awarded minor […]

Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

Article 2
30/08/2019 15:48

JUDGMENT Magnitskiyiy and others v. Russia 27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

Article 3
29/08/2019 07:46

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

The denial of recognition of legal representative to human rights NGOs violated the right of association. Lack of clarity in the legislation and inadequacy of the national courts in its interpretation.

Article 11
28/08/2019 09:59

JUDGMENT Jafarov and others v. Azerbaijan 25.07.2019 (no. 27309/14) see here SUMMARY The case concerned the authorities’ repeated refusal to register a non-governmental organisation set up to defend human rights in Azerbaijan. The authorities’ ultimate reason for the refusal was the NGO founders’ failure to specify the powers of a “legal representative” in their founding […]

State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

Article 10
27/08/2019 09:20

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

Gambling games. The unannounced suspension of all gambling licenses, without prior compensation, without notice and without justification for reasons of public interest, violated the right to property.

1st P - Article 1
26/08/2019 15:45

JUDGMENT Svit Rozvag, Tov and others v. Romania 27.06.2019 (no. 13290/11, 62600/12 and 49432/16) see here SUMMARY Right to property. Protection from arbitrary state interference. The applicant companies run gambling business. For cause of an unfortunate incident that happened in a shop, parliament passed into law a bill gambling all together and the Ministry of Finance had […]

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