ECHR Decisions

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

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 […]

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

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 […]

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

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 […]

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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

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 […]

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

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, […]

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

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 […]

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

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 […]

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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!

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 […]

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Failure to notify the accused of the submission of the public prosecutor’s submission before the Supreme Court. Violation of the equality of arms

JUDGMENT Bajić v. North Macedonia 10.06.2021 (app. no. 2833/13) see here SUMMARY Fair trial, reasoning of decisions, right to silence and non-self-incrimination The case concerned the criminal prosecution of the applicant engineer and an authorized boat inspector, after a boat capsized and sank in Lake Ohrid, killing 15 Bulgarian tourists among the 54 aboard the […]

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Trial without the personal appearance of the accused, who explicitly resigned from this right! Non-violation of a fair trial

JUDGMENT Dijkhuizen v. The Netherland 08.06.2021 (app. no. 61591/16) see here SUMMARY Fair trial. Explicit and free waiver of his guarantees. The applicant was arrested in the Netherlands for drug trafficking and sentenced at first instance to nine (9) years in prison. He appealed and the restrictive condition of appearing at the police station and […]

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