Topics Archives - ECHRCaseLaw

Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

article 34
September 23, 2019 5:58 pm

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He appealed but he was never called to the hearing and was never served with the dismissal decision. He appealed before […]

The applicant was not aware of the other party’s allegations to respond them in hers child custody case law. Violation equality of arms.

Children
September 20, 2019 3:16 pm

JUDGMENT Andersena v. Latvia of 19.09.2019 (no. 79441/17) see here SUMMARY Adversarial proceedings, equality of arms and the right to family life. The applicant moved from the family home with her daughter to another country. The father filed a lawsuit and won the child’s return to his place of residence. In the proceedings before the Court, the applicant […]

Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

1st P - Article 2
September 19, 2019 4:05 pm

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is in economic […]

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

Article 6 - Par. 1
September 17, 2019 1:34 pm

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

Violation of the freedom of expression by not authorizing a producer to reproduce porn movies!

Article 10
September 10, 2019 7:28 pm

JUDGMENT Pryanishnikov v. Russia 10.09.2019 (no. 25047/05) see here SUMMARY License for reproduction of films, freedom of expression and protection of third party rights. The applicant, a producer of erotic films, owns the copyright for their distribution with valid distribution certificates. He requested that the films be distributed by the Russian Ministry of Press and […]

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

Article 5
September 9, 2019 8:48 am

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

Abduction and multi-year detention of a sitizen until his murder. Violation of the right to life due to the failure to conduct effective investigations into the abduction and arrest of abductors and the investigation of the circumstances of the murder.

Article 2
September 7, 2019 2:48 pm

JUDGMENT Olewnik-Cieplinska and Olewnik v. Poland 05.09.2019 (no. 20147/15) see here SUMMARY Abduction, detention by the kidnappers for a long time and the killing of the abductee despite the payment of ransom by his relatives. The case concerns the abduction of the applicants’ brother and son. The victim was abducted in 2001, when he was 25 years old. He […]

Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

1st P - Article 1
September 6, 2019 9:05 pm

JUDGMENT Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019 see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

Marriage between “ex-” brothers- and sisters-in-law. Annulment of marriage after 10 years of marriage and after the Greek authorities had issued a marriage license. The cancellation of the marriage by the Greek courts violated the right to marriage. Condemnation of Greece

Article 12
September 5, 2019 2:42 pm

JUDGMENT Theodorou and Tsotsorou v. Greece 5.09.2019 (appl. no. 57854/15) see here SUMMARY The case concerned a judicial decision annulling the marriage of Ms Tsotsorou and Mr Theodorou on the grounds that Ms Tsotsorou was Mr Theodorou’s former sister-in-law. On the basis of Article 1357 of the Civil Code – which prohibits, in particular, marriage […]

Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

Article 13
September 3, 2019 6:56 pm

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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