Important Decisions

υπερασπιστές ανθρωπίνων δικαιωμάτων

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here  SUMMARY The case  concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

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Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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απαλλοτρίωση

Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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απαλλοτρίωση

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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φυλακές

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here  SUMMARY  The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

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The denial of recognition of legal representative to human rights NGOs violated the right of association. Lack of clarity in the legislation and inadequacy of the national courts in its interpretation.

JUDGMENT Jafarov and others v. Azerbaijan 25.07.2019 (no. 27309/14) see here SUMMARY  The case concerned the authorities’ repeated refusal to register a non-governmental organisation set up to defend human rights in Azerbaijan. The authorities’ ultimate reason for the refusal was the NGO founders’ failure to specify the powers of a “legal representative” in their founding […]

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Gambling games. The unannounced suspension of all gambling licenses, without prior compensation, without notice and without justification for reasons of public interest, violated the right to property.

JUDGMENT Svit Rozvag, Tov and others v. Romania  27.06.2019 (no. 13290/11, 62600/12 and 49432/16) see here  SUMMARY Right to property. Protection from arbitrary state interference. The applicant companies run gambling business. For cause of an unfortunate incident that happened in a shop,  parliament passed into law a bill gambling all  together and  the Ministry of Finance had […]

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Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here  SUMMARY  In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

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The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

JUDGMENT  Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here  SUMMARY  A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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ECHRCaseLaw

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