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The lack of a proper examination of the applicant’s defamation allegation by a magazine that characterized the Nazi camp survivors as “mass murderers”, “criminals” and “plagues” violated his privacy, although he had not been named.

Article 8
15/10/2019 20:18

JUDGMENT Lewit v. Austria 10.10.2019 (no. 4782/18) see here SUMMARY The case concerned a now 96-year-old Holocaust survivor’s complaint that he had been defamed by a right-wing periodical and that the courts had not protect his right to reputation. The Court found that the Austrian courts had failed to protect the applicant’s rights because they […]

The expulsion of a Syrian rebel in Syria violates the ECHR due to the risk of being illtreated.

Article 2
14/10/2019 18:59

JUDGMENT O.D. v. Bulgaria 10.10.2019 (no. 34016/18) see here SUMMARY Bulgarian authorities order the deportation of a former Syrian military officer to Syria on the grounds that he was a threat to national security. In particular, the Court found that, given the overall situation in Syria and the personal risk faced by the applicant, it […]

The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

Article 8
13/10/2019 18:31

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

7th P - Article 4
12/10/2019 17:30

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.

Article 10
10/10/2019 07:34

JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]

Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

Article 10
09/10/2019 11:08

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

Article 6 - Par. 2
08/10/2019 08:00

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

Failure to pay full compensation for the total damage suffered by the owner in case of expropriation of property violates the right to ownership.

1st P - Article 1
07/10/2019 11:53

JUDGMENT Moustakidis v. Greece 3-10-2019 (appl. no. 58999/13) see here SUMMARY Expropriation, percentage of compensation and jurisdiction of the Courts. The applicant was denied the use of part of his property for the purpose of expropriation on which his business was housed. He was compensated for the value of the deprived land and for the […]

The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

Article 6 - Par. 1
06/10/2019 15:36

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

The Holocaust denial is not protected by the ECHR.

Article 10
05/10/2019 17:43

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

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