Freedom of expression

Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here  SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

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The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here  SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

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Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here  SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

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A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Visit of the President of the ECtHR to Turkey. Remarks on respect for the rule of law, democracy and freedom of expression!

The President of the Strasbourg Court, Robert Spano, paid an official visit to Turkey on 3-5 September 2020, accompanied by Saadet Yuksel, the elected Judge of Turkey, and Hasan Bakirci, Deputy Registrar. During his visit, he was received by Mr. Erdogan, President of the Turkish Republic. During this meeting, President Spano discussed the situation in […]

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Disciplining teacher for remarks incompatible with his duty of discretion, in particular concerning the 2015 terrorist attacks in Paris, was not disproportionate

JUDGMENT Mahi v. Belgium 03.09.20 (app. no. 57462/19) see here SUMMARY In its decision in the case of Mahi v. Belgium (application no. 57462/19) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerns the disciplinary transfer of a teacher of Islamic religion (Mr Mahi) on […]

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Political criticism for the incompatibility as a Member of Parliament and a lawyer. Sentencing for defamation violated the freedom of expression.

JUDGMENT Macovei v. Romania 28.07.2020 (no. 53028/14) see here SUMMARY The case concerned the applicant being found liable for defaming another politician. The Court found in particular that the applicant’s statements, whereby she had called the other politician’s combination of work as a lawyer and as a member of parliament an example of corruption, had […]

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The awarding of excessive compensation to a member of parliament for harsh political statements violated the freedom of expression. Political speeches need more protection

JUDGMENT Rashkin v. Russia  07.07.2020 (no. 69575/10) see here  SUMMARY Politics and freedom of expression. A member of the opposition  was held responsible for defaming a government official in a harsh political speech. Huge damages awarded. Violation of the freedom of expression of the politician. The accusing member of the opposition, in his speech, accused […]

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Arbitrary blocking of websites. A blatant violation of the freedom of expression

JUDGMENT Vladimir Kharitonov (no. 10795/14), OOO Flavus and others (no. 12468/15, 23489/15 and 19074/16), Bulgakov (no. 20159/15) and Engels v. Russia 23.06.2020 (no.61919/16). see here   SUMMARY Internet and freedom of expression. Arbitrarily blocking of websites. The cases concerned different types of blocking measures, including “collateral” blocking (where the IP address that was blocked was shared […]

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δικηγόρος

A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no.  58512/16) see here   SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

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ECHRCaseLaw

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