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Expropriation without compensation. The relocation offer does not replace the compensation. Violation of property right

JUDGMENT Abiyev and Palko v. Russia 24.03.2020 (no. 77681/14) see here SUMMARY Demolition by state authorities of the property of the applicants and expropriation of their land with the aim of rebuilding the city. Failure to comply with the legal procedure for expropriation. Rejection of their claim for compensation by the courts and non-receipt of […]

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Unnecessary seizure for 7.5 months of computer of an non-accused violated his property and freedom of expression rights

JUDGMENT Pendov v. Bulgaria 26.03.2020 (no. 44229/11) βsee here  SUMMARY Seizure of server for 7.5 months from a person who was not indicted. Professional use for website. Right to property and freedom of expression. Restricted access to the applicant’s cultural web site on Japanese anime due to unnecessary and prolonged confiscation of his computer server […]

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Lawyer sentenced for defamation for writting an open letter on a subject of public interest violated his freedom of expression

JUDGMENT Tête v. Frabce 26.03.2020 (no. 59636/16) see here  SUMMARY In this case the applicant complained about his conviction for malicious falsehood on account of an open letter which he had written to the President of the French Financial Markets Authority (AMF), in which he accused the Olympique Lyonnais Group (“the OL Group”) and its […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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The fall of a tree on the highway and human death. Violation of the procedural part of the right to life by incomplete investigation in order to attribute liability

JUDGMENT Marius Alexandru and  Marinela Ştefan v. Romania 24.03.2020 (no. 78643/11) see here  SUMMARY Right to life and responsibility of the state. The applicants were on their car traveling on the highway when a tree fell on their vehicle. They were seriously injured while their parents and the applicant’s brother died. The Court reiterates that, […]

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Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

JUDGMENT Nikoloudakis v. Greece  26.3.2020 ( no. 35322/12) see here  SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

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The deportations do not violate the ECHR, as each deportee puts forward his arguments and his case is examined individually.

JUDGMENT  Asady and others v. Slovakia  24.03.2020 (no. 24917/15) see here SUMMARY  Collective expulsion of aliens. Examination by the authorities individually of each case. Non-violation of the ECHR. Deportation of Afghans to Ukraine by Slovak police. The Court examined only 7 of the 19 appeals. It found, in particular, that despite the short duration of […]

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Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

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φυλακές

The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

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ECHRCaseLaw

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