By Article

Access to a patient’s medical file and transfer to a foreign hospital. Interim measures and their lift.

Aleksey Navalnyy v. Russia 21.08.2020 and 24.08.20 SUMMARY Right to life and imminent danger. Request for interim measures so that Russia allows the patient’s family and their authorized doctors to access him and assess whether he is suitable for transport to Germany for treatment. The ECtHR initially accepted the interim measures and when the applicant […]

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ιδιοκτησία

The inability to examine in the second instance the imposition of a disproportionate customs fine, which was characterized like a criminal sanction, violated the ECHR

JUDGMENT Saquetti Iglesias v. Spain 30.06.2020 (app. no. 50514/13) see here  SUMMARY Undeclared transfer of 150,000 euros. Customs control and imposition of a huge fine, equal to the amount transferred. Criminal nature of the fine. Right to dual degree of jurisdiction in criminal matters. Impossibility of examination in a second instance jurisdiction, a heavy customs […]

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Prisoner suicide. Failure to take precautionary measures to protect a prisoner with suicidal tendencies. Violation of the right to life

JUDGMENT Frick v. Switzerland 30.06.2020 (app. no.  23405/16) see here   SUMMARY Prisoner suicide. Failure to take precautionary measures to protect the right to life. Failure to prevent suicide committed in an unusual way by a vulnerable detainee in a police cell, in which he had been placed alone and unattended for 40 minutes. According to […]

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Revocation of a residence permit of a person convicted of drug trafficking. No violation of family life

JUDGMENT Veljkovic-Jukic v. Switzerland 21.07.2020  (appl. no. 59534/14) see here SUMMARY The case concerned the withdrawal of the permanent residence permit of a Croatian national who has lived in Switzerland since the age of 14, because of her criminal conviction for drug trafficking, and her possible removal from Switzerland. The Court found that Switzerland had […]

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Conviction for an offense that was statute-barred. Violation of the principle nullum crimen, nulla poena sine lege

JUDGMENT Antia and Khupenia v. Georgia 18.06.2020 (app. no. 7523/10) see here  SUMMARY Statute of limitations, conviction and principle nullum crimen, nulla poena sine lege. The applicants were charged with breach of duty and convicted two years after the offense was committed, when the offense was now statute-barred. The Supreme Court upheld their conviction regarding […]

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απαλλοτρίωση

The demolition of a house that was knowingly constructed in a forest area, did not violate the right to privacy

JUDGMENT Kaminskas v. Lithuania 04.08.2020 (app. no. 44817/18) see here SUMMARY Demolition of a house in a forest area and protection of the environment. Right to privacy. Court decision for demolition of an illegal building of the applicant, who built it in a forest area, knowing the forest character of the property. The applicant’s situation […]

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Detention of a foreign asylum seeker based on an annulled court decision. Violation of the right to liberty and security and lack of redress

JUDGMENT Muhammad Saqawat v. Belgium 30.06.2020 (app. no.  54962/18) see here  SUMMARY Asylum applications from a foreigner. Detention  for deportation. Right to liberty and security and the possibility of redress. The applicant, a Bangladeshi national, was detained in a Belgian detention center while his repeated applications for asylum were being processed due to his possible […]

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Cancellation of purchase and sale due to a state authorities error. Violation of the right to respect of property

JUDGMENT Arzamazova v. Democracy of Moldova 04.08.2020 (app. no, 38639/14) see here SUMMARY Cancellation of building purchase and sale and peaceful enjoyment of property. Cancellation of the purchase and sale of a building on the grounds that it belonged to the public sector. A refund was ordered to the applicant, but the courts ruled that […]

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Widow’s request for exhumation and transfer of her husband’s body to another country. Failure to consider the request violated private and family life

JUDGMENT Drašković v. Montenegro 09.06.2020 (app. no. 40597/17) see here  SUMMARY The case concerned the applicant’s wish to have her husband’s remains removed from Montenegro to Bosnia and Herzegovina, which another member of the family refused to allow. The Court found in particular that such a dispute fell to be examined under both the private […]

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