Important Decisions

Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

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Difficulties in registering the birth of a person born abroad. Long delays in issuing birth certificates and identity cards. Violation of privacy

JUDGMENT G.Τ.Β. v. Spain 16.11.2023 (app. no. 3041/19) see here SUMMARY The case concerned attempts in Spain to register G.T.B.’s birth, which had taken place in Mexico. The Court found in particular that for the period from 2002-06, the Spanish authorities, despite sure knowledge that the documents needed could not be located in Mexico, had […]

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Refusal of the authorities to provide information on the work of the current Judges. Violation of freedom of expression

JUDGMENT SAURE v. GERMANY (No. 2) 28.03.2023 (app. no. 6091/16) see here SUMMARY The applicant is a journalist with Bild, a daily newspaper with a large circulation. He asked for information held by the Ministry of Justice of the Land of Brandenburg concerning judges and a public prosecutor in the Land of Brandenburg who had previously worked for the Ministry […]

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δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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After the expulsion of Russia from the Council of Europe, the Court has the jurisdiction to examine appeals for violations until 16.09.2022 and without a Russian judge!

JUDGMENT of 03.02.2023 see here Following Russia’s armed attack on Ukraine in March 2022, the Council of Europe, including the European Court of Human Rights, took a series of decisions: a) Decision of the Council of Europe to suspend the Russian Federation from its rights of representation in the Council of Europe in accordance with […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Prohibition of public events as an anti COVID-19 measure and imposition of criminal sanctions! Violation of the freedom of assembly

JUDGMENT Communaute genevoise d’action syndicale (CGAS) v. Switzerland 15.03.2022 (app. no. 21881/20) see here SUMMARY Prohibition of public events of a union as a preventive measure regarding  COVID-19. Freedom of assembly. The applicant association, Communaute genevoise d’action syndicale (CGAS), is based in Geneva. Its aim is to defend the interests of workers and member organizations, especially […]

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The inability to execute an interim measure order and a court decision for the assignment of temporary and final custody violated the family life of a parent and a child

JUDGMENT Υ.Υ. and Υ.Υ. v. Russia 08.03.2022 (app. no. 43229/18) see here SUMMARY Obligation of the authorities to assist in the execution of custody decisions. Right to respect for family life. The plaintiffs, mother and son were alienated when the ex-husband and father of the child, without any right, abducted the child after school and […]

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Detention of the wanted defendant for 18 months until his extradition. Excessive pretrial detention. State obligation in special diligence and fast examination

JUDGMENT Komissarov v. Czech Republic 03.02.2022  (app. no. 20611/17) see here SUMMARY Temporary detention of an accused upon request for extradition to the country where the crime was committed. Guarantees against arbitrariness during booking. Personal freedom. The applicant was remanded in custody from May 2016 until November 2017, when he was extradited to the country […]

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Sanction for threatening a governor for 6 months with suspension. The sentence was disproportionate as the plaintiff’s wish for non-punishment of the accused was not taken into account!

JUDGMENT Drača v. Croatia 20.01.2022 (app. no. 55724/19) see here SUMMARY Conviction of the accused without summoning him to the court of appeal. The plaintiff did not want the accused to be prosecuted. Disproportionate penalty. Fair trial. The applicant, a Croatian national, was charged with the offense of threatening a public official, namely the Governor. […]

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