ECHR Decisions Archives

Infringement of fair trial by lack of reasoning by the Court of Cassation for non-recognition of the benefit of mitigating circumstances.

Article 6 - Par. 1
06/02/2020 19:52

JUDGMENT Felloni v. Italy 06.02.2020 (no. 44221/14) see here SUMMARY The case concerned criminal proceedings which led to Mr Felloni’s conviction for driving while unfit through drink. Mr Felloni alleged that his prison sentence was the result of the retrospective application of harsher criminal legislation. In particular, he complained that he had not been granted […]

Illegal and excessive use of force by police officers and ineffective investigation into the death of a woman by police gun fire violated the right to life.

Article 2
05/02/2020 07:27

JUDGMENT Baysultanov v. Russia 04.02.2020 (no. 56120/13) see here SUMMARY The case concerned a police operation to detain the leader of an illegal armed group, which resulted in the applicant’s wife being killed and the applicant being wounded. The Court found in particular that the Government had not proved that the police use of lethal […]

The authorities’ ineffective investigation into the death of a prisoner violated the right to life. Torture of an Armenian man in a military police department cell

Article 2
03/02/2020 19:51

JUDGMENT Saribekyan and Balyan v. Azerbaijan 30.01.2020 (no. 35746/11) see here SUMMARY The case concerned the death of the applicants’ son, an Armenian citizen, while in military police detention in Azerbaijan. The European Court of Human Rights held that there had been, by five votes to two, a violation of Article 2 (right to life) […]

Ineffective investigation into two homicides. Non-exhaustion of domestic remedies for failure to apply to a Constitutional Court for compensation of relatives.

Article 2
02/02/2020 16:57

JUDGMENT Kušić and others v. Croatia 16.01.2020 (no. 71667/17), see here SUMMARY In their application to the European Court, the Kušić family alleged that the investigation into the death of their family members had been ineffective and that the domestic remedy suggested by the Government for their grievance, a constitutional complaint, was not effective as […]

The plot of land was irrevocably considered as land that fell outside the forest’s boundaries. A later decision characterized it as forest. The overturning of res judicata is a breach of legal certainty.

1st P - Article 1
01/02/2020 18:26

JUDGMENT Şamat v. Turkey 21.01.2020 (no. 29115/07) see here SUMMARY Res judicata and legal certainty. The applicants, already deceased, in 1989 and 1994 purchased a plot of land near a forest area in Istanbul., which had already been declared non-forest by a 1979 decision. Following a recent report by the cadastral office in the area, […]

The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

Article 3
31/01/2020 19:34

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

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

Administrative
30/01/2020 07:55

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 […]

The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

Article 3
28/01/2020 07:53

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

An eight-year-old deaf child with intellectual disabilities was tied to his bed in public care “for his own safety”. Inhuman and degrading treatment

Article 3
27/01/2020 07:35

JUDGMENT L.R. v. North Macedonia 23.01.2020 (no. 38067/15) see here SUMMARY The case concerned a child, L.R., who has been in the care of State-run institutions since he was three months old and allegations of inadequate care and ill-treatment. His case came to the notice of an NGO when the Ombudsman visited him in an […]

Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

Article 6 - Par. 1
26/01/2020 14:29

JUDGMENT Khodorkovskiy and Lebedev v. Russia 14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

ECHR Decisions