Important Decisions Archives

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!

Criminal
30/01/2022 18:29

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. […]

The revelation of online commenter’s personal information who wrote critical comments in political site forums! Violation of the freedom of expression!

Article 10
14/12/2021 07:43

JUDGMENT Standard Verlagsgesellschaft mbH v. Austria 07.12.2021 (no. 3) (app. no. 39378/15) see here SUMMARY The case concerned court orders for the applicant media company to reveal the sign-up information of registered users who had posted comments on its website, derStandard.at, the website of the newspaper Der Standard. This had followed comments allegedly linking politicians […]

Long lasting road congestion due to highway construction! Disruption of the peaceful enjoyment of their home!

Article 8
14/10/2021 18:04

JUDGMENT Kapa and others v. Poland 14.10.2021 (app. no. 75031/13, 75282/13, 75286/13 and 75292/13) see here SUMMARY The case concerned the rerouting of traffic by the applicants’ house during the construction of a motorway, and the applicants’ attempts to rectify the situation via the authorities. The Court found in particular that the authorities had knowingly […]

Unreasonable duration of a court dispute for communication and custody of a child that lasted 6 years! Violation of respect for family life

Article 8
23/09/2021 18:21

JUDGMENT Anagnostakis and others v. Greece 23.09.2021 (app. no. 46075/16) see here SUMMARY Access rights granted to the applicants, the father and grandparents of the child concerned (who was two years old when the application was lodged), and the length of various sets of proceedings in which the opposing party was the child’s mother. With […]

Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

Administrative
10/08/2021 19:42

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

The pre-trial testimony of a co-accused, whο the accused could not examine, affected the amount of his sentence. Application of article 6 par. 3 regarding the testimony of a co-accused!

Article 6 - Par. 1
02/08/2021 19:41

JUDGMENT Dodoja v. Croatia 24.06.2021 (app. no. 53587/17) see here SUMMARY Conviction of an accused based on the pre-trial testimony of his co-accused who did not appear at the hearing. Evidence, compensatory factors. Strict punishment and a fair trial. The applicant pleaded guilty to drug trafficking but not to the extent for which he was […]

The absence of a legal framework for the official recognition of same-sex couples violated their right to respect for their private and family life!

Article 8
13/07/2021 19:08

JUDGMENT Fedotova and others v. Russia 13.07.202 ( app. no. 40792/10, 30538/14 and 43439/14) see here SUMMARY Refusal to register the notice of marry from Russia because the couples were same-sex. Private and family life. The ECtHR found that Russia had an obligation to ensure that the applicants’ privacy and family life were respected, providing […]

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

Article 3
27/06/2021 18:11

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

Article 3
25/06/2021 18:15

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

The conviction of a systematic offender of the Road Traffic Regulation for the death of a motorcyclist to a sentence less than the threshold of the sentence and its delayed execution violated the procedural part of the right to life!

Article 2
31/03/2021 18:10

JUDGMENT Smiljanić v. Croatia 25.03.2021 (app. no. 35983/14) see here SUMMARY A motorcycle driver was killed in a car accident after a collision with a well-known businessman in Zagreb, after an illegal crossing at a red light by the latter. The businessman had committed about 35 violations of the Road Traffic Regulations offenses in a […]

Important Decisions