Important Decisions

The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

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δικηγόρος

Judicial and private expert report. Taking into account by the courts of the expert report of the psychiatrist appointed by the authorities and the rejection of the report of the private psychiatrist violated the principle of equality of arms by creating an unfair disadvantage against the accused

JUDGMENT Hodžić v. Croatia 04.04.2019 (no. 28932/14) see here SUMMARY The case concerned the proceedings for the applicant’s confinement in a psychiatric hospital. The Court found in particular that, without obtaining another expert report addressing Mr Hodžić’s objections or giving him an opportunity to examine an “expert” on his behalf, his possibility to challenge the […]

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Children’s refusal to return to their mother and their manipulation by the father does not exempt the authorities from taking the necessary measures to restore family ties. Failure to enforce judgments for custody violates the right to family life.

JUDGMENT  R.Ι. and others v. Romania 4.12.2018 (no. 57077/16) see here SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The 13-year-old child has the right to choose with whom he will stay and who will have his custody. Assignment of custody to grandparents after the death of the mother and not to the indifferent father is compatible with the ECHR

JUDGMENT Khusnutdinov and X. v. Russia  18.12.2018 (no. 76598/12) see here   SUMMARY The case concerned a child residence dispute. The Court reiterated that as soon as children become mature, the courts should give due weight to their views and feelings and to their right to respect for their private life. Given that Mr Khusnutdinov’s […]

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Greek Muslims should apply Sharia if they want it, and not necessarily. Condemnation of Greece from Strasbourg due to the inability of the Muslims to apply the Greek Civil Code

JUDGMENT  Molla Sali v. Greece of the Grand Chamber 19.12.2018 (no.  20452/14) see here SUMMARY  The case concerned the application by the domestic courts of Islamic religious law (Sharia) to an inheritance dispute between Greek nationals belonging to the Muslim minority, contrary to the will of the testator (a Greek belonging to the Muslim minority, […]

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Non-execution of a custody decision. The State bears the responsibility and must take all necessary measures to restore family ties

JUDGMENT R.Ι. and others v. Romania 4.12.2018 (no.  57077/16) see here   SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

JUDGMENT  Isayeva v. Ukraine 4.12.2018 (no.  35523/06) see here   SUMMARY  Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

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Polish man who was given custodial penalty for protesting during a trial of communist-era generals suffered rights violations

JUDGMENT  Słomka v. Russia 6.12.2018 (no. 68924/12) see here SUMMARY  The case concerned the applicant’s 14-day custodial sentence for contempt of court after shouting slogans during the trial of communist-era generals who ordered martial law in the 1980s. The Court held that the applicant’s actions had aimed at criticising the judiciary and a perceived lack […]

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δικηγόρος

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here    SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

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ECHRCaseLaw

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