By Article Archives

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, […]

Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

Article 10
09/09/2020 15:02

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

Article 10
08/09/2020 16:04

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia 08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

Article 8
06/09/2020 19:03

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no. 17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

Prosecution and conviction for founding a political party on a religious (Muslim) basis violated its freedom of association

Article 11
05/09/2020 15:18

JUDGMENT Yordanovi v. Bulgaria 03.09.2020 (app. no. 11157/11) see here SUMMARY The case concerned the complaint by the two applicants about criminal proceedings brought against them for attempting to set up a political party on a religious basis. They complained of unjustified interference with their right to freedom of association and also of discrimination against […]

Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

1st P - Article 1
04/09/2020 09:18

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

Disciplining teacher for remarks incompatible with his duty of discretion, in particular concerning the 2015 terrorist attacks in Paris, was not disproportionate

Article 10
03/09/2020 19:37

JUDGMENT Mahi v. Belgium 03.09.20 (app. no. 57462/19) see here SUMMARY In its decision in the case of Mahi v. Belgium (application no. 57462/19) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerns the disciplinary transfer of a teacher of Islamic religion (Mr Mahi) on […]

Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

Article 13
02/09/2020 07:37

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020 (app. no. 20649/18) see here SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

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