Topics Archives - ECHRCaseLaw

Large defamation award for moral damage due to public statement against mayor that allegedly controls justice, violated freedom of expression

Article 10
December 1, 2019 3:52 pm

JUDGMENT Savenko (Limonov) v. Russia 26.11.2019 (no. 29088/08) see here SUMMARY Political figures, protection, criticism and limits to freedom of expression. In an interview with a radio station, the opposition politician freely expressed his view of the control and influence of justice by the Mayor of Moscow. The latter brought an action for damages for […]

A citizen who was tried by military courts for a criminal offense because his co-defendant was then serving in the military did not receive a fair trial. Reflection on the independence and impartiality of military courts.

Article 6 - Par. 1
November 30, 2019 6:38 pm

JUDGMENT Mustafa v. Bugaria 28.11.2019(no. 1230/17) see here SUMMARY Jurisdiction of military courts and the right of a citizen to a fair trial. A non-military individual was arrested and convicted by military courts of a common criminal offense because one of the other defendants in the case served in the military at the time the […]

Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

Article 14
November 29, 2019 9:19 am

JUDGMENT Abdyusheva and others v. Russia 26/11/2019 (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

The seizure of a ship used for illegal fishing was justified. The public interest in preventing activities that pose a serious threat to natural resources overrides the right to property protection.

ECHR Decisions
November 27, 2019 7:21 pm

JUDGMENT Yaşar v. Romania 26.11.2019 (no.64863/13) see here SUMMARY Right to property and public interest in the protection of natural resources. Confiscation of the vessel due to its use for illegal fishing in the Black Sea. The European Court of Human Rights unanimously ruled that there was no violation of the right to property. The […]

The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

Article 3
November 26, 2019 5:11 pm

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

The restriction of asylum seekers to an airport transit zone for a long time under miserable conditions violated the ECHR.

Article 3
November 25, 2019 6:38 pm

JUDGMENT Z.A. and others v. Russia 21/11/2019 (no. 61411/15) see here SUMMARY Four men were held in the Moscow airport transit zone for a long time while authorities were examining their asylum applications. None of them, in the end, remained in Russia. Unanimous violation of the right to liberty and security and the prohibition of […]

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

1st P - Article 1
November 24, 2019 12:27 pm

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here SUMMARY The case concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

The Court does not review decisions of national courts unless they are unreasonable or arbitrary

Administrative
November 22, 2019 9:48 pm

JUDGEMNT Sailing Club of Halkidiki ‘I Kelyfos’ v. Greece 21/11/2019 (applications nos. 6978/18 and 8547/18) see here SUMMARY Halkidiki-based sailing group ” I Kellifos” has appealed to the Council of State due to a gradual increase in the mooring and berthing fees . That Court, after a series of postponements, dismissed the appeal because of a […]

Lack of fair satisfaction due to excessive length of criminal proceedings violated the right to a fair trial within a reasonable time.

Article 6 - Par. 1
November 21, 2019 7:02 pm

JUDGMENT Papargyriou v. Greece 21.11.2019 (no. 55846/15) see here SUMMARY Failure to grant just satisfaction under Greek law for the excessive length of the criminal proceedings before the investigating authorities. In particular, the Court found that the procedure, which lasted more than 10 years and nine months at the pre-trial level, was too long, in […]

The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

Article 8
November 20, 2019 7:30 pm

JUDGMENT Κ.Ο. and V.M. v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

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