Important Decisions

Indefinite retention of DNA, fingerprints and photos of a convicted violated his privacy rights

JUDGMENT  Gaughran v. United Kingdom 13.02.2020 (no. 45245/15) see here  SUMMARY The case  concerned a complaint about the indefinite retention of personal data (DNA profile, fingerprints and photograph) of a man who had a spent conviction for driving with excess alcohol in Northern Ireland. The European Court of Human Rights held, unanimously, that there had been: […]

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The Court protects lawyers from arbitrary investigations and seizures

JUDGMENT Kruglov and others v. Russia  30.01.2020 (no. 11264/04 and 15 applications)  see here  SUMMARY Investigations in law firms and homes. Protection of professional secrecy. Necessary institutional guarantees. The seizure of computers and hard drives violates the right to property. The applicants are lawyers. In order to gather evidence for a criminal investigation, a search […]

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Fair trial is infringed when the Turkish Football Federation Arbitration Tribunal is not independent and impartial as it is appointed and influenced by the Federation

JUDGMENT Ali Riza and others v. Turkey 28.01.2020 (no.  30226/10, 17880/11, 17887/11, 17891/11 and 5506/16) see here SUMMARY Football disputes and violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights on account of the lack of independence and impartiality of the body, the Arbitration Committee of […]

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Arbitrary court decisions are equivalent to criminal justice. Arbitrary rejection of lawsuit claiming basic benefits violates the fair trial principal

JUDGMENT Lazarević v. Bosnia and Herzegovina 14.01.2020 (no. 29422/17) see here   SUMMARY Lawsuit for employee benefits. An arbitrary court ruling dismissed the lawsuit despite the legislative provision and earlier Supreme Court case law. Infringement of the fair trial principal. The applicant worked for a public railway company but was dismissed in 2012. He brought proceedings […]

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Ineffective criminal protection of homosexuals against hate speech on facebook violates their right to privacy

JUDGMENT Beizaras and Levickas v. Lithuania 14.01.2020 (no. 41288/15) see here SUMMARY The case raised questions about the State’s responsibility to protect individuals from homophobic hate speech. The applicants are two young men who are in a relationship. One of the applicants posted a photograph of them kissing on his Facebook page, which led to […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here  SUMMARY The case  concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

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Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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απαλλοτρίωση

Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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απαλλοτρίωση

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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