Important Decisions

κράτηση

The former Prime Minister of Georgia and the (rare) implementation of Article 18 of the ECHR. His temporary detention was used for a purpose other than that established.

JUDGMENT Merabishvili v. Georgia 28.11.2017 (no.72508/13) see here   SUMMARY  The applicant is one of the leaders of the former ruling party, the United Nations Movement (UNM), who for several months served as Georgia’s Prime Minister for a few months, and shortly afterwards he was on the opposition side. He was arrested after being prosecuted […]

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δίκαιη δίκη

The criminal responsibility of the Prime Minister of Iceland for the major banking and financial crisis

JUDGMENT Haarde v. Iceland  23.11.2017 (no. 66847/12) see here SUMMARY  The applicant is a former Prime Minister of Iceland who was impeached for negligence on account of his handling of the country’s 2008 banking crisis and found criminally liable. He complained that his trial, which was initiated after a Parliament vote, had not been fair […]

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δίκαιη δίκη

Article 6 of the ECHR does not apply to Claims for the Revocation of the Code of Criminal Procedure

JUDGMENT  Kokkonis and Chalilopoulou v. Greece 23/11/2017 (application nos. 76386/11 and 76408/11) see here   SUMMARY  The applicants were convicted at first instance by a court in Patras for theft. They appealed, demanded a postponement, and then convicted as present with a reduced sentence, although  they did not appear in the Appeals Court. They then filed […]

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δίκαιη δίκη

The Court examines the substance of the case, assesses testimonies and evidence, and estimates that national decisions are obviously unreasonable!

JUDGMENT  Ilgar Mammadov v. Azerbaijan (no. 2) 16.11.2017 (no. 919/15) see here   SUMMARY  The case concerned the criminal proceedings brought against a prominent Azerbaijani opposition politician, Ilgar Eldar oglu Mammadov, following protests in the town of Ismayilli in 2013. Mr Mammadov was subsequently charged and convicted of mass disorder. This is the second case he […]

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δίκαιη δίκη

Α manifestly absurd judgment violates the fair trial

JUDGMENT  Tripcovici v. Montenegro 7.11.2017 (no. 80104/13) see here  SUMMARY  Legal action on the first business day after holidays. The lawsuit was dismissed as out of time because the last day of its exercise expired on the day of public holidays and the National Supreme Court had to be exercised on the last working day […]

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ομοφυλόφιλοι

The legal prohibition on heterosexual couples to enter into registered partnership does not violate the right to personal and family life

JUDGMENT  Ratzenböck and Seydl v. Austria 26-10-2017 (no. 28475/12) see here  SUMMARY  Lack of possibility for heterosexual couples to enter into a registered partnership. The Austrian registered partnership  is an alternative to marriage only for same-sex couples. The applicants, as a heterosexual couple, had access to marriage in an institution that satisfied the need for […]

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καταναγκαστική εργασία

Migrants who were subjected to forced labour and human trafficking did not receive effective protection from the Greek State

JUDGMENT Chowdury and others v. Greece 30-03-2017 (no.21884/15) see here  SUMMARY The case concerned 42 Bangladeshi nationals who did not have work permits and were subjected to forced labour. Their employers had recruited them to pick strawberries on a farm in Manolada (Greece) but failed to pay the applicants’ wages and obliged them to work […]

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Editor’s liability for defamation violated his right to freedom of expression

JUDGMENT Olafsson v. Iceland  16-3-2017 (no. 58493/13) see here  SUMMARY  The applicant, Mr Ólafsson, was an editor of the web-based media site Pressan. He published articles insinuating that a political candidate had committed sexual abuse against children. The Supreme Court of Iceland held Mr Ólafsson liable for defamation. He complained to the European Court of Human Rights […]

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ECHRCaseLaw

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