ECHR Decisions

Unjustified access to a journalist’s telephone data and its geographical location for 16 months violated the protection of her journalistic sources.

JUDGMENT  Sedletska v. Ukraine 01.04.2021 (app. no. 2634/18) see here SUMMARY Protection of journalistic sources and freedom of expression. The case concerned a court order accessing the data of the applicant’s mobile phone, as she worked as a journalist for the Radio Free Europe / Radio Liberty radio station, by the prosecutor’s office, thus ensuring […]

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Double conviction by administrative and criminal court for the same act of bodily harm! Violation of the principle ne bis in idem

JUDGMENT Tsonyo Tsonev v. Bulgaria 06.04.2021 (app. no.  35623/11) see here SUMMARY The case concerned a complaint relating to the imposition of an administrative fine and a sentence of eighteen months’ imprisonment, essentially for the same offence. An initial judgment was delivered by the Court on 14 January 2010: Tsonyo Tsonev v. Bulgaria (no. 2). […]

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Detainees in psychiatric prison wards. Developments after a pilot decision. Detention in inappropriate conditions, psychiatric wards with systemic problems and improvements.

JUDGMENT Venken and others v. Belgium  06.04.2021  (app. no. 46130/14) see here SUMMARY The case concerns five applications concerning the detention of five Belgian nationals in the psychiatric prison ward, which followed the pilot decision of W.D. against Belgium. The applicants alleged that they did not benefit from an remedy adapted to their mental health […]

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Construction company created structural problems by mistake in an apartment building. Reduced compensation without sufficient justification. Violation of the right to property

JUDGMENT Saraç and others v. Turkey  30.03.2021 (app. no. 23189/09) see here SUMMARY Attempt to demolish a building by mistake. Reduced compensation despite the recognition of full damage. Reduction of compensation by the Supreme Court without justification. Right to property. The applicants’ building was severely damaged when a construction company started demolition work by mistake, […]

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Execution of a European arrest warrant and inhuman and degrading treatment!

JUDGMENT Bivolaru and Moldovan v. France 25.03.2021 (app.no. 40324/16 and 12623/17) see here SUMMARY The case concerned the applicants’ surrender by France to the Romanian authorities under European arrest warrants (EAWs) for the purpose of execution of their prison sentences. The case prompted the Court to clarify the conditions for application of the presumption of […]

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A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no.  16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

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