ECHR Decisions

Prohibition of access to basic documents of the case file that had been classified as classified resulting in the deportation of a foreigner. Failure to protect the procedural rights of the applicant

JUDGMENT Hassine v. Romania 09.03.2021 (app. no. 36328/13) see here SUMMARY Deportation of an alien. Access to critical documents. Procedural guarantees. The case concerned administrative proceedings following which the applicant was expelled from Romania on national-security grounds. The Court held that substantial limitations had been imposed on the applicant’s procedural rights without the need for […]

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δικηγόρος

Refusal of the national court to allow the accused to examine prosecution and defense witnesses! Violation of a fair trial

JUDGMENT Keskin v. The Netherlands 19.01.2021  (app.no. 2205/16) see here SUMMARY Defendant’s right to be examined by prosecution and defense witnesses. Fair trial, equality of arms. Compensatory factors and their criteria. According to the Court’s  case-law, all evidence against it must be presented in the presence of the accused at a public hearing for the […]

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Humiliating treatment of a prisoner. Stay 77 days in isolation without natural light! Detention in a Covid-19 quarantine space ! Moral damage 25,000 euros!

JUDGMENT Feilazoo v. Malta 11.03.2021 (app. no.  6865/19) see here SUMMARY   The case concerned the conditions of the applicant’s immigration detention and its lawfulness. It also concerned complaints in relation to the proceedings before this Court, mainly related to interference with correspondence and domestic legal-aid representation. The Court took issue with many aspects of the […]

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Newspaper sentenced to 15,000 euros as compensation for an impugned article against a mayor. Violation of the freedom of expression and condemnation of Greece to 27,000 euros!

JUDGMENT Dimitriou v. Greece 11.03.2021  (app. no. 62639/12) see here  SUMMARY Greek courts award damages of 15,000 euros to a newspaper publisher for an impugned article against a former mayor. Violation of freedom of expression and adjudication by the ECtHR of 27,000 euros! The plaintiff, publisher of a local newspaper in Heraklion, Crete and shareholder […]

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Special legal obligation of the authorities for the protection of minors as a vulnerable group. Drowning of a minor in a camp and ineffective search. Violation of the procedural part of the right to life

JUDGMENT Veronica Ciobanu v. Democracy of Moldova 04.02.2021 (app. no. 69829/11) see here SUMMARY Protection of minors. Drowning of a minor living in a state camp. Ineffective research. Procedural and substantive part of the right to life. The applicant’s minor son drowned while on holiday at a public children’s camp in Romania. The Moldovan domestic […]

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Adverse transfer of judge. Inability to appeal to a court regarding the transfer. Violation of the right of access to court

JUDGMENT Bilgen v. Turkey  09.03.2021 (app. no 1571/07) see here SUMMARY Transfer of a judge. Adverse transfers are important for a judge’s career. Absence of judicial control regarding the transfer. Access to court. A senior judge was transferred, without his consent, from the Ankara Regional Administrative Court to another court in a lower judicial district. […]

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δικηγόρος

No judge can judge his own case! Judges adjudicated and rejected their request for exclusion! Lack of court impartiality!

JUDGMENT Kolesnikova v. Russia  02.03.2020  (app. no. 45202/14) see here SUMMARY Court impartiality and a fair trial. Lack of impartiality in a case against a former judge of the courts of Russia. The applicant, a former judge, applied for disqualification against the court hearing her appeal because the presiding judge was the one who denounced […]

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δικηγόρος

The voluntary resignation of a suspect from his right to be represented by a lawyer at the interrogation does not constitute a violation of a fair trial

JUDGMENT  Fariz Ahmadov v. Azerbaijan 14.01.2021  (app. no.  40321/07) see here SUMMARY Resignation of a suspect in the pre-trial from the right of representation by a lawyer. Representation by a lawyer and a fair trial. The applicant was sentenced by an irrevocable decision for drug possession. During the pre-trial period he voluntarily resigned from the […]

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Electronic notification of an administrative decision for the extension of a motocross track license. Non-violation of the right of access to court

JUDGMENT Stichting Landgoed Steenbergen and others v. the Netherlands 16.02.21 (app. no.19732/17) see here SUMMARY Electronic notification of draft decision and decision for expansion of services on a motocross track. Access to court. The applicants alleged that their access to a court had been violated, as they had not been properly informed of the decision […]

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