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The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

Article 5
21/09/2020 11:17

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020 (app. no. 62775/14) see here SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

Article 5
20/09/2020 13:42

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

Complaint of asylum seekers for accommodation in tents in a camp parking lot and for lack of financial assistance! Unproven allegations. Non-violation of the ECHR

Article 3
19/09/2020 10:14

JUDGMENT B.G. and others v. France 10.09.2020 (app. no. 63141/13) see here SUMMARY The case concerned the accommodation of asylum-seekers for several months in a tent camp set up on a carpark in Metz and the question whether they had received the material and financial support provided for by domestic law. Applicants 1 to 12 […]

The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

Article 6 - Par. 1
18/09/2020 18:17

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

Murder of 9 students and a teacher by an armed student. Police inaction to seize the weapon despite alarming indications. Violation of the right to life

Article 2
17/09/2020 16:11

JUDGMENT Kotilainen and others v. Finland 17.09.2020 (app. no. 62439/12) see here SUMMARY The case of Kotilainen and Others v. Finland (application no. 62439/12) concerned complaints about failures by the authorities to protect the lives of the victims of the 2008 school shooting in the town of Kauhajoki, in which 10 people were killed. Nine […]

Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

Article 2
14/09/2020 11:00

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020 (app. no. 69460/12) see here SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

Article 10
13/09/2020 15:48

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

Failure to exercise a national effective remedy for breach of reasonable time in civil proceedings. The application is inadmissible

Article 6 - Par. 1
12/09/2020 09:34

JUDGMENT Guravska v. Latvia 10.09.2020 (αριθ. 41553/18) see here SUMMARY Reasonable duration of civil proceedings in a civil property dispute. Effective national remedy. The ECtHR found that the applicant had access to a statutory effective remedy in relation to her complaint about the unreasonable length of the civil proceedings, in the form of a constitutional […]

Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

1st P - Article 2
11/09/2020 15:05

JUDGMENT G.L. v. Italy 10.09.2020 (app. no. 59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

Article 6 - Par. 1
10/09/2020 07:36

JUDGMENT Pervane v. Turkey 08.09.2020 (app. no. 74553/11) see here SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

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