JUDGMENT Korzeniak v. Poland (no. 56134/08) 10.01.2017 see here SUMMARY Fair trial. Unbiased court. Participation in the hearing of the case in the Supreme Court of Cassation, which conducted the same case at the Court of Appeal renders the trial unfair in its particular expression of the non-impartiality of the Supreme Court of Cassation due […]
JUDGMENT Babiarz v. Poland (application no. 1955/10) 10.01.2017 see here SUMMARY Divorce proceedings. Rejection due to the plaintiff’s fault. The case concerned the refusal of the Polish authorities to grant the applicant a divorce. he complained that this violated his right to marry the partner with whom he now shares his life, whith whom he […]
JUDGMENT Ioniță v. Romania (application no. 81270/12) 10.01.2017 see here SUMMARY The case concerned the death of the applicants’ four-year-old son following an operation. The applicants complained that the authorities had failed to effectively investigate the incident, despite their repeated claims that it had been caused by the negligence of medical staff. The Court found […]
JUDGMENT Kacper Nowakowski v. Poland (application no. 32407/13) 10.01.2018 see here SUMMARY Communication of the father with his son. Communication with the presence of the mother. National courts in their communications decisions should take into account the intensity of litigation between parents and the complaints of the communicating parent with his child to prevent communication […]
JUDGMENT Paulikas v. Lithuania (application no. 57435/09) see here SUMMARY Fair trial and presumption of innocence. Extensive event coverage by the media before the trial of the case. The case concerned the criminal trial and conviction of Mr Paulikas, in relation to a car accident in which his vehicle had killed three ten-year-old children. Mr […]
JUDGMENT A.H. and Others v. Russia (application nos. 6033/13, 8927/13, 10549/13, 12275/13, 23890/13, 26309/13, 27161/13, 29197/13, 32224/13, 32331/13, 32351/13, 32368/13, 37173/13, 38490/13, 42340/13 and 42403/13) 17.01.2017 see here SUMMARY The applications were brought by 45 US nationals: both on their own behalf, and on behalf of 27 Russian children. In late 2012, the US applicants […]
JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 27.1.2015 see here SUMMARY The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract entered into by a couple; it subsequently transpired that they had no biological relationship with the child. The Court […]
JUDGMENT Lyalyakin v. Russia 12/03/2015 (no. 31305/09) see here SUMMARY: The case concerned a complaint by a conscript about degrading treatment when he was caught trying to escape from the army, including appearing undressed in front of other soldiers. The Court, whilst recognising the need to maintain military discipline within the army, found that the […]
JUDGMENT: Muršić v. Croatia 12.03.2015 (no. 7334/13) see here SUMMARY: The Court confirmed that 3 sq. m of surface area per detainee in a multi-occupancy cell was the prevalent norm in its case-law, being the applicable minimum standard for the purposes of Article 3. When that area fell below 3 sq. m, the lack of […]
JUDGMENT Elberte v. Latvia 13.01.2015 (no. 61243/08) see here SUMMARY: The case concerned the removal of body tissue from Ms Elberte’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to Ms Elberte, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy […]
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