Important Decisions

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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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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Canceling access to a court due to continuous postponements. The condemnation of the Court and how the Greek court has decided that there is no longer any reason to examine the case because of the postponements it has given itself!

JUDGMENT Frezadou v. Greece  8.11.2018 (no. 2683/12) see here   SUMMARY Application for the annulment of a nursery teacher before the Athens Administrative Court of Appeal. Termination of the trial without a decision. Right of access to a court. The applicant, a nursery teacher had applied for the position of educational coordinator abroad . She was […]

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The Court requires sufficient justification for the allegations of the accused concerning the accusation and the evaluation of the witnesses. The reasoning is an important aspect of the fair trial

JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here   SUMMARY  Reasoning of a court’s decision and  fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]

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The petition of a criminal court that a minor witness has committed the offense without being an accused can not produce a res judicata in a civil case and base its decision on that.

JUDGMENT Kožemiakina v. Lithuania 02.10.2018 (no. 231/15)  see here SUMMARY The civil court convicted the applicant of compensation for acts of her minor child, found on the basis of petitions in criminal proceedings in which her son was merely a witness and did not have the status of a party, nor of the accused. The […]

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Police beating with rubber logs, cigarette burning and torture with electric cables and needles under the nails

JUDGMENT Tsakoyevy v. Russia 02.10.2018 (no. 16397/07) see here SUMMARY Police violence and the death of a suspect for his participation in an armed group. He was beaten with rubber logs, burnt with cigarettes, tortured with electrified cables, and needles were inserted under his nails. Ineffective investigation by the authorities. Violation of the right to […]

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