Important Decisions

ελευθερία της έκφρασης

The criminal punishment of a book publisher on the disappearance of a journalist and the freedom of expression

JUDGMENT  Fatih Taş v. Turkey 04.09.2018 (no. 6810/09) see here   SUMMARY Criminal conviction of a publisher of a book on public denigration of the Republic of Turkey because he criticized the authorities and claimed that a journalist had been kidnapped by state guards. The ECtHR has condemned Turkey for violating freedom of expression because […]

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δικαίωμα στη ζωή

Death from poisoning to a hospital. Insufficient criminal and civil procedures for dealing with medical negligence

JUDGMENT  Yirdem and others v. Turkey 04.09.2018 (no. 72781/12) see here   SUMMARY Death patient in hospital from poisoning. Forensic report suggested that the substances detected could not be found in the hospital. Exercise of criminal prosecution against doctors for medical negligence. They were released from the criminal courts after a 9 year trial. The civil […]

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ελευθερία της έκφρασης

Are offensive comments against police officers (cops, pigs, dogs, burning in ovens) protected by the freedom of expression?

JUDGMENT  Savva Terentyev v. Russia 28.08.2018 (no. 10692/09) see here   SUMMARY  Offensive comments against the police in a blog post.  Under the comment, “I hate the cops for fuck’s sake” the applicant described the police as pigs, faithful dogs of the regime, cops of low intellectual level and it would be great if at the center […]

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ελευθερία της έκφρασης

Moldovan civil servant whistle-blower wins rights violation case for second time

JUDGMENT  Guja v. Republic of Moldova (no 2) 27.02.2018 (no. 1085/10) see here   SUMMARY  The case concerned the applicant’s allegation of a continuing violation of his right to freedom of expression after an incident of whistle-blowing, despite a previous Grand Chamber judgment in his favour (Guja v. Moldova). He complained that the authorities had only simulated […]

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Insufficient compensation from national courts for torture violates Article 3 of the ECHR.

JUDGMENT  Selami and others v.  “The former Yugoslav Republic of Macedonia” 01.03.2018 (no. 78241/13) see here SUMMARY  Torture by police officers and illegal detention. Fractures of the skull, neck and ribs. Compensation for inadequate compensation by national courts. Appeal of relatives before the European Court of Human Rights as Indirect Victims. Acceptable appeal only by the […]

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police violence

Torture of two citizens by a police officer. Sentenced to a light penalty, non-disciplinary punishment and promotion! The criminal and disciplinary system in Greece is devoid of seriousness according to Strasbourg!

JUDGMENT  Sidiropoulos and Papakostas v. Greece 25.01.2018 (application no. 33349/10)  see here SUMMARY  The case concerned criminal proceedings leading to the conviction of a police officer for torturing Mr Sidiropoulos and Mr Papakostas, and in particular the sanctions imposed on the offender: a five-year prison sentence commuted to a fine of five euros per day of […]

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δίκαιη δίκη

The presumption of innocence and the disciplinary penalties. Can an innocent judgment and a disciplinary conviction coexist for the same incident?

JUDGMENT  Güç v. Turkey 23.01.2018 (no. 15374/11) see here SUMMARY  Dismissal of a civil servant, head of a training center, following alleged harassment of a minor pupil. Liability for charges of criminal offense. Along with the criminal proceedings, disciplinary proceedings were also carried out by independent experts. In the end, the applicant was dismissed for […]

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fair trial

Interdiction on asking questions from a defendant’s lawyer to a co-defendant violates the right to fair trial and witnesses

JUDGMENT  Kuchta v. Poland 23.01.2018 (no. 58683/08) see here SUMMARY  Prohibition to put questions to a co-defendant by the defendant – plaintiff. The co-defendant’s testimony was decisive for the applicant’s case. Violation of the right to witnesses and fair trial. (Article 6 §§ 1 and 3 (d)). PROVISIONS  Article 6 § 1 Article 6 § […]

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Athletes against doping control. Are those checks restricting their freedom of movement and their private and family life? The Court gives the answers

JUDGMENT  Fédération Nationale des Syndicats Sportifs (FNASS) and Others v. France 18.01.2018 (application no. 48151/11 and 77769/13) see here SUMMARY  The case concerns the requirement for a targeted group of sports professionals to notify their whereabouts for the purposes of unannounced anti-doping tests. Taking account of the impact of the whereabouts requirement on the applicants’ […]

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