By Article Archives

Father’s indifference to communicate with his child for 8 years, who developed a bond with his step father. Removal of parental responsibility. Non-violation of the right to respect for family life

Article 8
10/08/2020 19:03

JUDGMENT Ilya Lyapin v. Russia 30.06.2020 (app. no. 70879/11) see here SUMMARY Father indifference to a child for 8 years and absolutely no communication for 7 years. Respect for family life and removal of parental responsibility from the father. The applicant father had not participated in his child’s life on his own initiative for 8 […]

Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

Article 13
07/08/2020 07:41

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

Unjustified delay of the researches in an attempted homicide. Violation of the procedural part of the right to life

Article 2
06/08/2020 06:41

JUDGMENT Danciu and others v. Romania 12.05.2020 (αρ.προσφ. 48395/16) see here SUMMARY Right to life and ineffective judicial investigation. Violation of a procedural part of Article 2 of the ECHR. The applicants, relatives of the deceased spouse and their father, complained of a violation of Article 2 due to an ineffective investigation into the circumstances […]

Arbitrary exclusion of a party 3 days before the parliamentary elections due to alleged use of undeclared foreign funds. Violation of the right to stand for elections

1st P - Article 3
05/08/2020 07:28

JUDGMENT Political Party “Patria” and others v. Republic of Moldova 04.08.2020 ( app. no. 5113/15, 14963/15, 15910/15) see here SUMMARY Right to be elected and to ensure equal and fair conditions for all candidates in an election campaign. Exclusion of a party three days before the parliamentary elections due to alleged use of undeclared foreign […]

Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

Article 13
04/08/2020 06:43

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property with irrevocable decisions, however the Inventory Office refused […]

The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

Article 13
03/08/2020 07:29

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

The deportation of an illegal alien who committed serious crimes did not violate his right to private life

Article 8
31/07/2020 06:43

JUDGMENT Pormes v. the Netherlands 28.07.2020 (app. no. 25402/14) see here SUMMARY Continued deportation of a criminal and the right to privacy. The applicant entered the Netherlands with a visa at the age of just 4 and lived in that country until he was 26 years old. He never obtained a residence permit and many […]

Political criticism for the incompatibility as a Member of Parliament and a lawyer. Sentencing for defamation violated the freedom of expression.

Article 10
29/07/2020 16:17

JUDGMENT Macovei v. Romania 28.07.2020 (no. 53028/14) see here SUMMARY The case concerned the applicant being found liable for defaming another politician. The Court found in particular that the applicant’s statements, whereby she had called the other politician’s combination of work as a lawyer and as a member of parliament an example of corruption, had […]

Twice prosecution and punishment by criminal and administrative courts for hooliganism during a football match. Violation of the principle of ne bis in idem

7th P - Article 4
28/07/2020 07:05

JUDGMENT Velkov v. Bulgaria 21.07.2020 (app. no. 34503/10) see here SUMMARY The case concerned the applicant’s complaint that he had been convicted twice of the same offence of breaching the peace during a football match. The Court found that, while there had been a close connection in time between the administrative and criminal proceedings against […]

Prohibition of request for release from prison for two months violated the right to personal liberty and security

Article 5
27/07/2020 09:32

JUDGMENT Dimo Dimov and others v. Bulgaria 07.07.2020 ( no. 30044/10) see here SUMMARY Legality of pre-trial detention, reason for the decision and right of actual appeal. The applicants were arrested and remanded in custody on charges of extortion. They made many requests for release which were rejected without justification and were released only when […]

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