Important Decisions Archives

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

Article 5
09/09/2019 08:48

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

The denial of recognition of legal representative to human rights NGOs violated the right of association. Lack of clarity in the legislation and inadequacy of the national courts in its interpretation.

Article 11
28/08/2019 09:59

JUDGMENT Jafarov and others v. Azerbaijan 25.07.2019 (no. 27309/14) see here SUMMARY The case concerned the authorities’ repeated refusal to register a non-governmental organisation set up to defend human rights in Azerbaijan. The authorities’ ultimate reason for the refusal was the NGO founders’ failure to specify the powers of a “legal representative” in their founding […]

Gambling games. The unannounced suspension of all gambling licenses, without prior compensation, without notice and without justification for reasons of public interest, violated the right to property.

1st P - Article 1
26/08/2019 15:45

JUDGMENT Svit Rozvag, Tov and others v. Romania 27.06.2019 (no. 13290/11, 62600/12 and 49432/16) see here SUMMARY Right to property. Protection from arbitrary state interference. The applicant companies run gambling business. For cause of an unfortunate incident that happened in a shop, parliament passed into law a bill gambling all together and the Ministry of Finance had […]

Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

1st P - Article 1
22/08/2019 09:35

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here SUMMARY In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

Article 6 - Par. 1
20/08/2019 13:21

JUDGMENT Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here SUMMARY A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

Article 14
14/08/2019 09:04

JUDGMENT Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

The unexecuted administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner

1st P - Article 1
28/07/2019 13:05

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019 see here SUMMARY Failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk if it were […]

The non enforcement of an administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner.

1st P - Article 1
22/07/2019 16:22

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019 see here SUMMARY The case concerned the failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk […]

Conviction of Greece for slavery! Three Russian victims of trafficking were forced to work as prostitutes. The inadequate legal framework has led to the termination of the proceedings and impunity of the perpetrators!

Article 4
19/07/2019 20:48

JUDGMENT Τ.Ι. and others v. Greece 18.07.2019 (no. 40311/10) see here SUMMARY Prostitutes and a ban on slavery and forced labor. Three Russian women claimed to have been victims of trafficking and even forced to work as prostitutes in Greece. They accused civil servants of participating in human trafficking networks, however, until the preliminary investigation, the […]

Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

Administrative
23/06/2019 08:11

JUDGMENT Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here SUMMARY Violation of the fair trial by the administrative courts. Reasoning of court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

Important Decisions