ECHR Decisions

Award of large compensation for television for broadcasting false news, which was recalled a few hours later, for the arrest of a politician for sexual offenses against children. Violation of freedom of expression!

JUDGEMENT  SIC – Sociedade Independente de Comunicação v. Portugal 27.07.2021 (app. no. 29856/13) see here SUMMARY Awarding a high amount of compensation to a television station for insulting the price of a well-known politician. Freedom of expression. A television station owned by the applicant company reported that a well-known politician had allegedly been arrested and questioned […]

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No summoning of the accused, no representation of him before the Court of Appeals and his conviction in absentia for rape! Violation of a fair trial

JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]

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Deportation of Turkish journalist in Turkey without considering asylum application and risk of ill-treatment violates Convention

JUDGMENT D. v. Bulgaria 20.07.2021 (app. no. 29447/17) see here SUMMARY Political persecution of a Turkish journalist and his immediate deportation, without giving him the opportunity to seek asylum. Arrest of a Turkish journalist on the border between Bulgaria and Romania, who claimed that he was trying to escape the risk of political persecution in […]

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δικηγόρος

Serious irregularities in the appointment of judges to the newly established Disciplinary Department of the Supreme Court following legislative reform. Violation of a fair trial

JUDGMENT Reczkowicz v. Poland 22.07.2021 (app. no. 43447/19) see here SUMMARY Establishment of a court in accordance with the law. Disciplinary Department. Fair trial. A lawyer complained that the Disciplinary Division of the Supreme Court of Poland, which had ruled on her case, was not a “court established by law” and suffered from a lack […]

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Disciplinary sanction of suspension of duties imposed by an administrative body without the possibility of going to court! Violation of a fair trial

JUDGMENT Loquifer v. Belgium 20.07.2021 (app. no. 79089/13, 13085/14 and 54534/14). see here SUMMARY The applicant a retired judge was a non-judicial member of the Supreme Judicial Council (“CSJ”). The CSJ imposed on her the disciplinary sanction of suspension from her duties due to criminal prosecution against her for forgery with use. The domestic law […]

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Post mortem examination and extensive removal of organs of a dead newborn without the consent of the mother! Violation of family life and religious freedom

JUDGMENT Polat v. Austria 20.07.2021 (app. no. 12886/16) see here SUMMARY Medical operations without consent even after death. Medical research. Right to family life and freedom of religion. The applicant with Muslim religious beliefs gave birth to a boy who died 2 days after birth. She was informed by the hospital authorities about the need […]

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Refusal to renew the residence permit of a long-term immigrant with family due to non-presentation of a medical certificate. Violation of family life

JUDGMENT Khachatryan and Konovalova v. Russia 13.07.2021 (app. no. 28895/14) see here SUMMARY Family life, public health and alien residence permit. Refusal to renew the residence permit of a long-term legal immigrant with a spouse and child in Russia, due to the failure to provide a medical certificate that he is not infected with HIV […]

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απαλλοτρίωση

Expropriation by urgent proceedings and disregard of the judicial suspension granted. Violation of the right to respect for property

JUDGMENT Yel and others v. Turkey 13.07.2021 (app. no. 28241/18) see here SUMMARY Expropriation of real estate for public benefit with decisions issued as urgent. The Council of State annulled all the administrative expropriation decisions, however its decision had no practical application because it was issued after the expropriation decision, which was executed immediately. The […]

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Review of the ECtHR decision due to the submission of new data. The revised decision was based on forged documents submitted by the applicant!

JUDGMENT Ν.Α. v. Finland 13.07.2021 (app. no. 25244/18) see here SUMMARY Decision review. Rules of Court. Deadline 6 months for submitting a request for review, since the party became aware of the new information. The applicant succeeded in convicting the defendant State of a violation of her right to life as protected by Article 2 […]

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