ECHR Decisions Archives

Extradition of a seriously ill person without a health risk assessment would lead to a real risk of inhuman or degrading treatment

Article 2
24/06/2021 18:44

JUDGMENT Khachaturov v. Armenia 24.6.21 (no. 59687/17) see here SUMMARY Extradition and prohibition of inhuman or degrading treatment. Domestic decision of extradition of the applicant, who has serious health problems due to stroke, from Armenia to Russia. Inability to travel, even under medical supervision, due to his serious health condition. The ECtHR emphasized the importance […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

Le Soir newspaper ordered to anonymise identity of rehabilitated offender to respect his right to be forgotten: no violation of freedom of expression

Article 10
22/06/2021 19:25

JUDGMENT Hurbain v. Belguim 22.6.2021 (app. no. 57292/16) see here SUMMARY Right to be forgotten and journalistic freedom. The case concerned a political decision against the applicant, in his capacity as editor-in-chief of the newspaper Le Soir, which ordered that the name of a driver responsible for a fatal car accident in 1994 not be […]

Discalification of a candidate from regional elections due to his conviction for abuse of power. Non-violation of the ECHR

1st P - Article 3
21/06/2021 20:17

JUDGMENT Miniscalco v. Italy 17.06.2021 (app. no. 55093/13) see here SUMMARY Exclusion of a candidate from elections due to his irrevocable criminal conviction. Retroactive exclusion power. Right to free elections. The applicant was disqualified from running in the regional elections because of his irrevocable conviction in three decisions for abuse of power prior to the […]

Insufficient assessment of the existence of a “serious risk” for the return of a abducted child under the Hague Convention. Violation of family life

Article 8
20/06/2021 09:47

JUDGMENT Y.S. and O.S. v. Russia 15.06.2021(app. no. 17665/17) see here SUMMARY Child abduction. Insufficient assessment of the existence of a “serious risk” in the return of a abducted child under the Hague Convention to a conflict zone in eastern Ukraine. In this case, the child’s mother took the initiative to remove him, without the […]

Removal from office of a member of Parliament and disqualification from standing as an electoral candidate for 6 years on account of a criminal conviction: Non violation of the ECHRA

1st P - Article 3
19/06/2021 13:37

JUDGMENT Galan v. Italy 17.06.2021 (app. no. 63772/16) see here SUMMARY The case concerned the applicant’s forfeiture of his electoral seat as a member of parliament on account of a finding by Parliament that there was a ground of ineligibility following a conviction for corruption. The Court attached weight to the approach taken by the […]

Child murder by a violent husband and father. The authorities had taken precautionary measures to protect the life of the applicant and her children

Article 2
18/06/2021 18:54

JUDGMENT Kurt v. Austria 15.6.2021 (app. no. 62903/15) see here SUMMARY Right to life and domestic violence. The applicant complained that the Austrian authorities had failed to protect her and her children from her violent husband, which resulted in the murder of their son. The child received a bullet in the head from his father, […]

Imposition of a fine to a student for calling the prime minister a “raging dog”! Violation of the freedom of expression

Article 10
17/06/2021 19:35

JUDGMENT Ömür Çağdaş Ersoy v. Turkey 15.06.2021 (app. no. 19165/19) see here SUMMARY Freedom of expression, public insult to the Prime Minister and balancing the right to freedom of expression and respect for privacy. The applicant, a student, was fined € 2,524 for publicly labeling the prime minister “like a raging dog”, criticizing his decision […]

Dismissal of a public-sector employee for having “Liked” Facebook posts: violation of her right to freedom of expression

Article 10
15/06/2021 19:42

JUDGMENT Melike v. Turkey 15.06.2021 (aqpp. no. 35786/19) see here SUMMARY Internet and employee freedom of expression. Dismissal due to likes on Facebook posts. The applicant, an employee of the Ministry of Education under a private law contract, was fired because she had clicked “like” in various articles published by third parties on Facebook. Authorities […]

Communication between a father and his daughter limited to 12 hours a year at the child’s residence in the presence of the mother! Violation of respect for family life!

Article 8
14/06/2021 19:34

JUDGMENT Nechay v. Russia 25.05.2021 (app. no. 40639/17) see here SUMMARY Right of father-child communication. A court decision limited communication to 12 hours per year and stipulated that meetings must take place at the child’s place of residence in another country and in the presence of his mother. According to the ECtHR, the decision to […]

ECHR Decisions