Topics Archives

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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 […]

The domestic remedies available to detained migrants in emergency reception centers in Greece were neither accessible nor sufficient.

Article 3
04/10/2019 06:41

JUDGMENT Kaak and others v. Greece 3/10/2019 (no. 34215/16) see here SUMMARY The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be […]

The father’s failure to participate in the investigation regarding his son’s murder by the police violated his right to life.

Article 2
03/10/2019 12:17

JUDGMENT Fountas v. Greece 3-10-2019 (no. 50283/13) see here SUMMARY The police shot the applicant’s son. According to the ECtHR, the national authorities had not dealt with the case to the extent required, although they had fulfilled their obligation to carry out a thorough investigation into the killing, which led to the finding that the […]

The state must immediately repair the property damage of Bosnia and Herzegovina residents who were expelled during the war.

1st P - Article 1
02/10/2019 09:43

JUDGMENT Orlović and others v. Bosnia and Herzegovina 1/10/2019 (no. 16332/18) see heree SUMMARY Refugees, deprivation of their property, implementation of the peace agreement. The applicants come from Bosnia and Herzegovina. During the war, they were expelled from their land and deprived of their property. After signing the Peace Agreement and returning to their homeland, […]