Important Decisions Archives

Expertise from a surgeon and not from a gynecologist regarding a woman who passed away in a Greek hospital. Non-listing of statistics and bibliography in the expertise. Conviction for incomplete investigation!

Article 8
29/03/2021 18:28

JUDGMENT Mahmood v. Greece 25.03.2021(app.no. 77238/16) see here SUMMARY Medical negligence and the right to life. Essential and procedural part of the right to life. Right to family life. A woman died 4 days after the birth of her baby, while she was preparing to leave the hospital due to the rapid deterioration of her […]

The continuation of pre-trial detention must be adequately justified by the courts. ECHR criteria for adequate reasoning. Violation of the right to personal liberty

Article 5
25/03/2021 19:05

JUDGMENT Zohlandt v. The Netherlands 09.02.2021 (app. no. 69491/16) see here SUMMARY The applicant was remanded in custody for approximately 3.5 months after his arrest and criminal prosecution for unlawful assault, grievous bodily harm and possession of a firearm. His appeals for release were rejected, but the domestic courts did not give sufficient reasons for […]

The statute of limitations for the offenses due to an error of the prosecuting authorities and delays in the pre-trial violation violated the right of access to court!

Article 6 - Par. 1
19/03/2021 19:13

JUDGMENT Petrella v. Italy 18.03.2021 (app. no. 24340/07) see here SUMMARY The case concerned the length of the preliminary investigations in the context of criminal proceedings brought on the basis of a complaint by the applicant for defamation, the lack of an effective remedy in respect of the length of the proceedings and the discontinuance […]

Non-release of the well-known opposition politician Selahattin Demirtaş in Turkey. The Court orders his immediate release!

Article 10
23/02/2021 10:23

GRAND CHAMBER DECISION Selahattin Demirtaş v. Turkey 22.12.2020 (no. 2) (app. no. 14305/17) see here SUMMARY The case concerned the arrest and pre-trial detention of Mr Selahattin Demirtaş, who at the time of the events was one of the co-chairs of the Peoples’ Democratic Party (HDP), a left-wing pro-Kurdish political party. The Court found in […]

Acceptance of evidence obtained through torture or inhuman treatment by individuals violated the fair trial! First decision of the ECtHR on evidence of ill-treatment by individuals.

Article 3
23/02/2021 09:24

JUDGMENT Ćwik v. Poland 05.11.2020 (app. no. 31454/10) see here SUMMARY The case concerned Mr Ćwik’s complaint that proceedings against him for drug-trafficking had been unfair. He complained in particular that the courts had admitted in evidence statements by a third party which had been obtained through torture by members of a criminal gang. The […]

Prosecution and conviction of juvenile victims of human trafficking who were forced to work in drug plantations. Violation of the ECHR. First decision for criminal prosecution and conviction of a victim of human trafficking

Article 4
16/02/2021 12:30

JUDGMENT V.C.L. and Α.Ν. v. United Kingdom 16.02.2021 (app. no. 77587/12 and 74603/12) . see here SUMMARY The case concerned two Vietnamese youths who police officers had discovered working on cannabis farms. They were arrested and charged with drugs-related offences, to which they pleaded guilty. Following their conviction they were detained in young offenders’ institutes. […]

Journalist versus journalist! Conviction for compensation for posting articles with offensive comments. The style of the texts has the same protection as their content! Violation of freedom of expression

Article 10
12/02/2021 19:31

JUDGMENT Gheorghe–Florin Popescu v. Romania 12.01.2021 ( app. no. 79671/13) see here SUMMARY The case concerned the domestic authorities’ decision to order the applicant, a journalist, to pay damages for having published five blog posts criticising L.B., another journalist who was the editor-inchief of a newspaper in the Desteptarea media group and producer for a […]

Removing illegal recordings of a cosmetics businessman from a website did not violate the freedom of expression

Article 10
09/02/2021 13:16

JUDGMENT Société Editrice de Mediapart and others . France 14.01.2021 (app. no. 281/15 and no. 34445/15) see here SUMMARY The two cases concerned an order issued against Mediapart, a news website, its publishing editor and a journalist to remove from the news company’s website audio extracts and transcripts of illegal recordings made at the home […]

The national authorities demand a previous gender reassignment surgery. Right to self-determination. Violation of the right to respect for privacy

Article 8
08/02/2021 18:37

JUDGMENT X. and Y. v. Romani 19.01.2021 (app. no. 2145/16 and 20607/16) see here SUMMARY The case concerned the situation of two transgender persons whose requests for recognition of their gender identity and for the relevant administrative corrections to be made were refused on the grounds that persons making such requests had to furnish proof […]

Extensive police check of identity papers and personal belongings without sufficient safeguards. Violation of privacy

Article 13
05/02/2021 09:20

JUDGMENT Vig v. Hungary 14.01.2021 (app. no. 59648/13) see here SUMMARY Respect for privacy and extensive police checks on identity documents and personal belongings. Inability to control and proportionality of the police order for extensive police controls. During extensive police checks ordered by the Director of Police to prevent illegal immigration, the applicant, attending a […]

Important Decisions