Family life

Τorture during police detention, ineffective investigation and breaches of family life

JUDGMENT  Abdulkadyrov and Dakhtayev v. Russia 10.07.2018 (no. 35061/04) see here SUMMARY Ill treatment during police detention, lack of effective investigation that led to conviction and detention far away from the applicants’ families. Not registered violent detention (electric shock while wearing gas masks or bags on their heads, and threats of rape and blackmail). Infringement […]

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Exclusion of aliens for national security reasons without the documents being presented to the courts

JUDGMENT  Gaspar v. Russia 12.6.2018 (no. . 23038/15) Zezev v. Ρωσία (no.  47781/10) see here    and     here SUMMARY  Non-renewal of residence permits and expulsion of aliens, considering the existence of a risk to national security. Failure to examine security reports as they were kept secret during the court hearing. Violation of Article 8 (right […]

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Romania committed several rights violations due to its complicity in CIA secret detainee programme

JUDGMENT  Al Nashiri v. Romania 31.05.2018 (no. 33234/12) see here   SUMMARY The case Al Nashiri v. Romania (application no. 33234/12) concerned the applicant’s allegations that Romania had let the United States Central Intelligence Agency (the CIA) transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to […]

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Dismissal of a paternity revocation claim due to the child’s refusal to undergo DNA testing

JUDGMENT  Bagniewski v. Poland 31.5.2018 (no.  28475/14) see here   SUMMARY Questioning father’s paternity. Genetic testing and lack of biological father-child relationship. Revocation of paternity proceedings based on non-judicial DNA testing. In the judicial process the child’s refusal to undergo DNA testing. Dismissal of father’s claim. No violation of Article 8 (right to respect for family life). […]

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Burying children in a cemetery the parents didn’t chose but instead was the choice of the authorities violates private and family life

JUDGMENT  Gülbahar Özer and Yusuf Özer v. Turkey 29.05.2018 (no. 64406/09) see here   SUMMARY  Rejection of parents’ request to bury their children who were killed by soldiers in a cemetery of their choice. A decision by the authorities to confiscate the bodies, to be taken to a place they have chosen and not to become […]

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Failure to execute a decision to return the child from the mother to the custodian father violates the right to family life

JUDGMENT M.R. and D.R. v. Ukraine 22.05.2018 (no. 63551/13) see here   SUMMARY  Mother abducts her child from his father, who has his sole custody. Judicial decision to return the child to the father. Non-execution of the decision. Infringement of Article 8 (right to respect for family life) because the Ukrainian authorities have not been able […]

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