JUDGMENT Ž.B. v. Croatia 11-07-2017 (no. 47666/13) see here SUMMARY The case concerned the applicant’s complaint that the authorities had failed to exercise proper and effective prosecution for domestic violence against her husband. The applicant filed a lawsuit against her husband for physical and psychological violence in May 2007. Based in particular on Article 8 […]
JUDGMENT Barnea and Caldararu v. Italy 22-06-2017 (no. 37931/15) see here SUMMARY Family life. Right of a minor child to live with her biological parents. The state must facilitate the living of parents with the child. Violation of Article 8 of the right to family life as the Italian authorities did not make sufficient and appropriate efforts for […]
JUDGMENT Erdinç Kurt and others v. Turkey (no. 50772/11) 06-06-2017 see here SUMMARY Medical Expertise. Insufficient finding of surgeons for medical malpractice of surgeon doctors. Rejection of a request to conduct a second medical expertise to answer all emerging medical issues. The European Court of Human Rights held that the applicants had not received a sufficient […]
JUDGMENT Aycaguer v. France 22-06-2017 (no. 8806/12) see here SUMMARY DNA testing. Denial to provide Genetic Material for Examination. The conviction of the applicant for this denial violates the right to privacy. PROVISION Article 8 PRINCIPAL FACTS The applicant, Jean-Michel Aycaguer, is a French national who was born in 1959 and lives in Ossès (France). On […]
JUDGMENT Haupt v. Austria 01-06-2017 (no. 55537/10) see here SUMMARY Conflict of rights. Freedom of expression. Right to protection of reputation. Balancing rights. Superiority of the freedom of expression of a television presenter who called a politician “usually surrounded by small brown rats” against the protection of his reputation. The amount awarded by the national […]
JUDGMENT Vladimir Nikolayevich Fedorov v. Russia (no. 48974/09) 30-5-2017 see here SUMMARY Provisional reservation. Right to family life. Detainee. Visite deprivation. Depriving a detainee from communicating with his relatives throughout his detention violates his or her right to family. The ECtHR found a violation of Article 8 of the ECHR. PROVISIONS Article 5 par. 3 […]
JUDGMENT Bože v. Latvia 18-5-2017 (no. 40927/05) see here SUMMARY Residential search and seizure. Investigation and seizure carried out in the applicant’s apartment on the grounds that he was selling an unauthorized medicine for the treatment of HIV, hepatitis and cancer through the Internet. The actions of the authorities in his home were not based […]
JUDGMENT Pakhtusov v. Russia 16-5-2017 (no. 11800/10) see here SUMMARY Family life. Detainee. Relatives’ visits. Prohibition to relatives to visit a prisoner held in administrative detention for use of an expired driving license, as the visits were not foreseen by the legislation. The Court has condemned Russia for violating the applicant’s family life. PROVISION Article […]
JUDGMENT Improta v. Italy 04-05-2017 (no. 66396/14) see here SUMMARY Right to father-daughter communication without the presence of the mother. Right to family life. The case concerned the applicant’s inability to exercise the right of communication due to the reaction of the mother of the child. The ECtHR considered that the father of the child […]
JUDGMENT Krasniqi v. Austria 25-04-2017 (no. 41697/12) see here SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]
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