ECHR Decisions Archives

Compensation claims of environmental protection associations for radioactive waste were deemed inadmissible. Disproportionate restriction of the right of access to court

Article 10
03/07/2021 18:57

JUDGMENT Association BURESTOP 55 and Others v. France 1.7.2021 (applications nos. 56176/18, 56189/18, 56232/18, 56236/18, 56241/18, 56247/18) see here SUMMARY The case concerned environmental protection associations which were opposed to the planned industrial geological storage centre known as Cigéoon the Bure site along the boundaries of the départements of Meuse, Haute-Marne and Vosges, in the […]

The imposition of “penalty points” and the subsequent ban on driving due to violation of the traffic code, doen’t constitute a double sanction

7th P - Article 4
02/07/2021 18:54

JUDGMENT Matijašić v. Croatia 01.07.2021 (app. no. 38771/15) see here SUMMARY Prosecution and punishment for traffic offense. Later ban on driving due to “penalty points” that had been collected (point system). The applicant complained that he had been convicted twice in the same way for the same offense. The ECtHR declared the action inadmissible, as […]

Criminal investigation into the death of Yasser Arafat. No violation of the right of the daughter and his widow to be heard

Article 6 - Par. 1
01/07/2021 19:16

JUDGMENT El Kodwa Arafat v. France 1.7.2021 (app. no. 82189/17) see here SUMMARY Criminal investigation, fair hearing and evidence. The applicants, a widow and daughter of Yasser Arafat, had complained of a breach of their right to a fair hearing, in proceedings in which they participated in support of the prosecution, after their lawsuits against […]

Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

Article 5
30/06/2021 18:35

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

Removal of heads of courts by the Minister of Justice without the possibility of appealing against the dismissal! Violation of the right of access to court

Administrative
29/06/2021 17:57

JUDGMENT Broda and Bojara v. Poland 29.06.2021 (app. no. 26691/18 and 27367/18) see here SUMMARY Judges and the right of access to justice. Absence of an appeal against decisions of the Minister of Justice, by which he terminated prematurely the term of office of the appellant Vice-Presidents of the Kielce District Court. The Court emphasized […]

Ill-treatment of Avars by Chechens who were abducted, illegally detained, beaten and some of them disappeared. Violation of important rights of the ECHR

1st P - Article 1
28/06/2021 19:08

JUDGMENT Adzhigitova and others v. Russia 22.06.2021 (app. no. 40165/07 and 2593/08) see here SUMMARY In retaliation for an investigated violent incident, Chechen soldiers stormed Avar homes, abducted many of them, took them to public places, and mistreated them. Some of them disappeared after the end of the operation. The Court found that racial prejudice […]

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

Article 3
27/06/2021 18:11

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

The sentence of life imprisonment under the “microscope” of the ECHR

Article 3
27/06/2021 17:44

GRAND CHAMBER JUDGMENT Hutchinson v. United Kingdom 17.01.2017 (app. no. 57592/08) see here SUMMARY The case concerned the complaint of a man serving a whole life sentence for murder that his sentence amounted to inhuman and degrading treatment as he had no hope of release. In a previous judgment, in the case of Vinter and […]

Sentenced to 12 months in prison and deprived of the right to be elected for speech that did not constitute hate speech and propaganda in favor of terrorism! Violation of freedom of expression

Article 10
26/06/2021 13:32

JUDGMENT Erkizia Almandoz v. Spain 22.06.2021 (app. no. 5869/17) see here SUMMARY Terrorism, hate speech, control of criteria for lawful conviction The case concerned the applicant being convicted of the crime of inciting terrorism because of his speech at a ceremony, calling on his fellow citizens to “think about choosing the most appropriate way forward”, […]

The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

Article 3
25/06/2021 18:15

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

ECHR Decisions