ECHR Decisions Archives

The continuation of pre-trial detention must be adequately justified by the courts. ECHR criteria for adequate reasoning. Violation of the right to personal liberty

Article 5
25/03/2021 19:05

JUDGMENT Zohlandt v. The Netherlands 09.02.2021 (app. no. 69491/16) see here SUMMARY The applicant was remanded in custody for approximately 3.5 months after his arrest and criminal prosecution for unlawful assault, grievous bodily harm and possession of a firearm. His appeals for release were rejected, but the domestic courts did not give sufficient reasons for […]

Expulsion from a house and its demolition due to construction on public land and without a building permit. Non-violation of the right to respect for residence

Article 8
24/03/2021 20:10

JUDGMENT Ghailan and others v. Spain 23.03.2021 (app. no. 36366/14) see here SUMMARY Right to respect the residence. Expulsion from a house and its demolition due to urban planning violations and construction on public land. The applicants were evicted from their residence on the ground that it had been erected in breach of urban planning […]

Silent refusal by the French authorities to repatriate children and grandchildren detained in a Syrian camp. Referral to the Department of General Case Composition

Article 3
24/03/2021 08:44

REQUEST TO THE GRAND CHAMBER (Announcement of 22.03.2021) H.F. & M.F. v. France and J.D. & A.D. v. France (App. no. 24384/19, 44234/20) see here SUMMARY The Chamber of the European Court of Human Rights to which the cases H.F. and M.F. v. France and J.D. and A.D. v. France (application nos. 24384/19 and 44234/20) […]

Hanging of a prisoner with a rubber band from his pants. No responsibility of the Russian authorities. The right to life was not violated

Article 2
23/03/2021 18:19

JUDGMENT Kotenok v. Russia 23.03.2021 (app. no. 50636/11 ) see here SUMMARY Hanging of a prisoner with the rubber from his pants in his cell. Archieve of his relatives’ lawsuit for his death and rejection of the compensation lawsuit. Allegations that the Russian authorities had not taken all necessary measures to protect the life of […]

The delays in a criminal case were due to the abusive actions of the applicants. Non violation a fair trial within a reasonable time

Article 6 - Par. 1
21/03/2021 07:48

JUDGMENT Gilligan v. Ireland 18.03.2021 (app. no. 55276/17) see here SUMMARY The case concerned the length of several sets of proceedings related to the seizure of the applicants’ properties under the Proceeds of Crime Act, 1996, which had included multiple legal stratagems by them within a range of proceedings back and forth across two levels […]

Trapping of an applicant by undercover police officer! In case of an objection of the accused, the burden of proof for the trapping or not is borne by the prosecutor! Violation of a fair trial

Article 6 - Par. 1
20/03/2021 19:53

JUDGMENT Zinin v. Russia 09.03.2021 (app. no. 54339/09) see here SUMMARY Trapping a perpetrator into a criminal act after being instigated by the Russian secret police. Right to a fair trial. The applicant was convicted of copyright infringement and distribution of counterfeit software after being trapped by undercover police officers. He appealed to the courts […]

The statute of limitations for the offenses due to an error of the prosecuting authorities and delays in the pre-trial violation violated the right of access to court!

Article 6 - Par. 1
19/03/2021 19:13

JUDGMENT Petrella v. Italy 18.03.2021 (app. no. 24340/07) see here SUMMARY The case concerned the length of the preliminary investigations in the context of criminal proceedings brought on the basis of a complaint by the applicant for defamation, the lack of an effective remedy in respect of the length of the proceedings and the discontinuance […]

The state of uncertainty about the reasons for detention and the delayed administration of justice for the legality of detention violated the ECHR. Condemnation of Greece

Article 5
18/03/2021 18:50

JUDGMENT Loizou v. Greece 18.03.2021 (app. no. 17789/16) see here SUMMARY Termination of temporary detention of a detainee to serve a sentence following a conviction in his absence. Uncertainty about the reasons for detention in prisons. Rapid judicial processing of cases related to the legality of detention. Coincidence between the period of temporary detention and […]

Death in prison of a psychiatric patient. Failure to take appropriate protection measures and incomplete investigation. Violation of the right to life

Article 2
18/03/2021 09:18

JUDGMENT Laptev v. Russia 09.02.2021 (app. no. 36480/13) see here SUMMARY Right to life and protection during detention. Psychiatric patient. Obligations of authorities to protect life. Substantive and procedural part of Article 2. The applicant brought an action for breach of the right to life in the substantive and procedural part due to the death […]

Retroactive cancellation of property titles that had been classified as forestry resources, without payment of compensation. Disregard for the good faith of the defendants. Violation of property right

1st P - Article 1
16/03/2021 18:40

JUDGMENT Gavrilova and others v. Russia 16.03.2021 (app. no. 2625/17) see here SUMMARY The case concerned the judicial annulment of the applicants’ title deeds to plots of land which they had purchased under a series of transactions, and the return of those plots to State ownership on the grounds that they were “forestry resources”. The […]

ECHR Decisions