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Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

Article 8
13/12/2019 20:26

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17) see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

Ongoing detention of human rights defender violates the ECHR

article 18
12/12/2019 21:18

JUDGMENT Kavala v. Turkey 10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

Author’s and writers’ convinction of their comments on an article on Islam was excessive and violated the freedom of expression

Article 10
09/12/2019 19:35

JUDGMENT Tagiyev and Huseynov v. Azerbaijan 5.12.2019 (no. 13274/08) see here SUMMARY The case concerned the applicants’ conviction for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. The Court found in particular that the national courts had not justified why the applicants’ conviction had been […]

Gender quotas in combinations of candidates in national elections. Party exclusion due to gender quota violations in accordance with the ECHR

1st P - Article 3
08/12/2019 17:44

JUDGMENT Zevnik and others v. Slovenia 5.12.2019 (no. 54893/18) see here SUMMARY Right to Free Elections and Electoral Legislation. Two of the applicants are political parties that have nominated themselves in the elections. These parties were owned by two of the applicants. Participation in the parties was rejected because there was no required quota of […]

Botox, animal experiments and freedom of expression!

Article 10
07/12/2019 14:19

JUDGMENT Schweizerische Radio- und Fernsehgesellschaft and others v. Switzerland 5.12.2019 (no. 68995/13) see here SUMMARY The case concerned the outcome of a complaint concerning a television programme on Botox (botulinum toxin): the domestic authorities had found that the programme had not broached the issue of the animal experiments required for manufacturing the product, and had […]

Large defamation award for moral damage due to public statement against mayor that allegedly controls justice, violated freedom of expression

Article 10
01/12/2019 15:52

JUDGMENT Savenko (Limonov) v. Russia 26.11.2019 (no. 29088/08) see here SUMMARY Political figures, protection, criticism and limits to freedom of expression. In an interview with a radio station, the opposition politician freely expressed his view of the control and influence of justice by the Mayor of Moscow. The latter brought an action for damages for […]

A citizen who was tried by military courts for a criminal offense because his co-defendant was then serving in the military did not receive a fair trial. Reflection on the independence and impartiality of military courts.

Article 6 - Par. 1
30/11/2019 18:38

JUDGMENT Mustafa v. Bugaria 28.11.2019(no. 1230/17) see here SUMMARY Jurisdiction of military courts and the right of a citizen to a fair trial. A non-military individual was arrested and convicted by military courts of a common criminal offense because one of the other defendants in the case served in the military at the time the […]

Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

Article 14
29/11/2019 09:19

JUDGMENT Abdyusheva and others v. Russia 26/11/2019 (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

The seizure of a ship used for illegal fishing was justified. The public interest in preventing activities that pose a serious threat to natural resources overrides the right to property protection.

ECHR Decisions
27/11/2019 19:21

JUDGMENT Yaşar v. Romania 26.11.2019 (no.64863/13) see here SUMMARY Right to property and public interest in the protection of natural resources. Confiscation of the vessel due to its use for illegal fishing in the Black Sea. The European Court of Human Rights unanimously ruled that there was no violation of the right to property. The […]

The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

Article 3
26/11/2019 17:11

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

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