JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]
Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!
JUDGMENT S.L. and A.L. v. Italy 04.06.2020 (no. 896/16) see here SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]
Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life
JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]
The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!
JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17) see here SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]
Adoption without searching and informing the biological father and refusal to recall it. Violation of the father’s right to family life
JUDGMENT Uzbyakov v. Russia 05.05.2020 (no. 71160/13) see here SUMMARY The case concerned the applicant’s complaint about his daughter being adopted by another family and the refusal by the courts to overturn that decision. The Court found deficiencies in the proceedings for the daughter’s adoption, the applicant’s subsequent paternity claim and his request to revoke […]
Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.
JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]
JUDGMENT Hernehult v. Norway 10.3.2020 (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no. 39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]
Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations
JUDGMENT Khodorkovskiy and Lebedev v. Russia 14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]