By Article

Hate speech and anti-Semitic comments from a Member of the Parliament. Conviction for prohibited discrimination and breach of privacy!

JUDGMENT Behar and Gutman v. Bulgaria 16.02.2021 (app. no. 29335/13) see here SUMMARY Anti-Semitic speech of a politician. Limits on freedom of expression for Members of Parliament and the balance between the right to respect for privacy and the prohibition of all racial discrimination. The two plaintiffs’ lawsuit against a politician for comments made during […]

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Death of a young man from police violence during an investigation. Violation of procedural and substantive part of the right to life

JUDGMENT Yukhymovych v. Ukraine 17.12.2020 (app. no. 11464/12) see here SUMMARY Police violence, limits of its exercise, ineffective investigation and right to life. Procedural and substantive part of Article 2 of the ECHR. The applicant’s son was shot dead by police officers during a police investigation into the crime in 1999. The criminal investigation into […]

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Refusal to provide medical assistance to a soldier resulting in his death and lack of investigation for accountability. Violation of the right to life

JUDGMENT Plokhovy v. Russia 22.12.2020 (app. no.  45024/07) see here SUMMARY Right to life and effective research. Procedural and substantive part of the right to life. The applicants’ son died while serving in the army. The deceased was perfectly healthy, but complained strongly about a discomfort, however, he was not immediately provided with medical assistance. […]

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Deportation of a foreigner for committing serious crimes against sexual freedom. Non-violation of the right to respect for family life

JUDGMENT J.Α. v. Switzerland 22.12.2020 (app. no. 6325/15) see here SUMMARY Deportation of a foreigner who committed serious crimes. Family ties in the host country. Proportionality of intervention. The action concerned the deportation of a Spanish national from Switzerland to Spain. The applicant had resided legally in Switzerland for a number of years, and had […]

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Offensive public statements of a politician against Roma saying that they were criminals, thieves, rapists, torturers! Violation of respect for their privacy

JUDGMENT Budinova and Chaprazov v. Bulgaria 16.02.2021 (app. no. 12567/13) see here SUMMARY Ethnic discrimination, Roma and the right to respect for privacy. A politician in Bulgaria made public statements on a TV channel that were derogatory to Roma living in Bulgaria. The politician, among other things, stated that he intends to clean the country […]

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Obligation of a public service broadcaster to broadcast an advertisement that was contrary to its interests. No violation of the freedom of expression

JUDGMENT Schweizerische Radio und Fernsehgesellschaft and publisuisse SA v. Switzerland 22.12.2020 (app. no. 41723/14) see here SUMMARY The two applicant companies in this case complained about the obligation imposed on them to run a commercial which, in their view, was damaging to their reputation. The first applicant company is a nation-wide public-service television and radio […]

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Conviction of a journalist for publishing secret investigative information. No violation of the right of freedom of expression

JUDGMENT Sellami v. France 17.12.2020 (app. no.  61470/15) see here SUMMARY The case concerned the conviction of a journalist for using information obtained in breach of professional secrecy, following the publication of a composite image produced by the police in connection with an ongoing investigation. The Court saw no strong reason to question the assessment […]

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Non-renewal of passport due to bank debt. Disproportionate interference with freedom of movement and violation of the ECHR

JUDGMENT Victor Rotaru v. Democracy of Moldova 08.12.2020 (app. no.  26764/12)   see here SUMMARY The case concerned the domestic authorities’ refusal over several years to issue the applicant with a passport, on the grounds that he had failed to repay a debt owed to a bank. The Court noted that the civil-registration authority had refused […]

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Arrest and police detention of two people in a state of intoxication for damage of foreign property. No finding of degrading treatment

JUDGMENT P.M. and F.F. v. France 18.2.2021 (no. 60324/15) see here SUMMARY The case concerned injuries sustained by the two applicants during their arrest in Paris on 1 January 2007, in a state of inebriation, for the offence of damaging private property, and during their police custody. Considered under the procedural aspect of Article 3 […]

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The award of excessive court costs against a defeated environmental NGO violated its right to property.

JUDGMENT National Movement Ekoglasnost v. Bulgaria 15.12.2020 (αρ. προσφ. 31678/17) see here SUMMARY The case concerned the applicant association’s being ordered to pay allegedly excessive costs to a nuclear power plant in proceedings for the reopening of a civil trial. The Court found in particular that the Supreme Administrative Court had failed to give sufficient […]

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