ECHR Decisions

Condemnation of a citizen for sending two messages to a friend promoting a terrorist organization. Violation of freedom of expression

JUDGMENT SÜER v. Turkey 29-09-2020 (app. no. 77711/11) see here  SUMMARY Freedom of expression. Sending a message to a friend in fn the name of a terrorist organization. The applicant was accused of propaganda in favor of the PKK terrorist organization because he sent two messages to a friend, praising her. He was sentenced to […]

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The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20) PRINCIPAL FACTS The European Court of Human Rights received on the 28-9-2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules […]

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The exclusion of the non-biological father from communication with the child, with whom he had developed strong ties, violated the right to family life

JUDGMENT Fatkhutdinov v. Russia 29.09.2020  (App. no. 36335/18) see here SUMMARY Best interests of the child and parental care. Deprivation of parental care f a minor child by the applicant, who was deemed not to be his biological father, based on his refusal to undergo a DNA test and the testimony of a witness. The […]

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Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here  SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

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Anonymous witnesses. The lack of objective grounds for granting anonymity to witnesses violated the right to a fair trial of the accused

JUDGMENT Vasilyev and others v. Russia 22.09.2020 (application no. 38891/08) see here  SUMMARY Anonymous witnesses in a criminal trial. Conviction of the applicants for incitement to hatred and participation in an organization banned due to extremist activity. The applicants alleged that their right to a fair trial had been violated because the national courts had […]

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φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here   SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

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