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Judge participated in the examination of an appeal on points of law, despite having served as head of the Attorney General’s Office during the period when his subordinate prosecutors brought the appeal on points of law in question. Breach of objective impartiality

Article 6 - Par. 1
02/02/2024 15:27

JUDGMENT Ugulava v. Georgia (no. 2) 01.02.2024 (app. no. 22431/20) see here SUMMARY In December 2013, the applicant, a politician, who at the time was acting as Mayor of Tbilisi, was charged with aggravated embezzlement. In January 2019, two prosecutors of the General Prosecutor’s Office appealed against the appellate decision to the Supreme Court. The […]

Significant delay in processing claims for compensation for confiscated property. Violation of due process

Administrative
30/01/2024 20:06

JUDGMENT Kokalari v. Albania 30.01.2024 (app. no. 22493/12) see here SUMMARY In the 1940s several plots of land in Fier were seized by the Pesh family. The heirs filed petitions for restitution and compensation for the properties, but these petitions were filed. The process was continued, up to the ECHR, by the legal heirs from […]

Ill treatment and injury of a prisoner by prison officers. Conviction for inhuman and degrading treatment

Article 3
28/01/2024 18:18

JUDGMENT Miljak v. Croatia 16.01.2024 (app. no. 15681/18) see here SUMMARY Ill treatment of a prisoner by prison officials and lack of effective investigation into the incident. The applicant was randomly selected for a search of his cell. While he was warned not to touch anything in the cell during the search he asked if […]

Disclosure of sensitive personal data of HIV-positive persons following a public prosecutor’s order and without their consent. Violation of private life

Article 8
23/01/2024 18:49

JUDGMENT O.G. and others v. Greece 23.01.2024 (app. no. 71555/12 and 48256/13) see here SUMMARY The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also […]

Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

Article 10
22/01/2024 20:37

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

A minor was classified as an adult in a migrant camp. Condemnation of Greece for lack of procedural guarantees for age determination and for degrading conditions

Article 3
19/01/2024 20:34

JUDGMENT T.K. v. Greece 18.01.2024 (app. no. 16112/20) see here SUMMARY The applicant, upon his arrival at a camp in Samos, was registered as an adult. The applicant claimed that he had produced a copy of a birth certificate where the date of birth proved that he was a minor at the relevant time. However, […]

Encumbering of a flat owned by the applicant by virtue of an ex lege unpaid easement created by the property restitution legislation in favour of a housing cooperative: no violation

1st P - Article 1
14/01/2024 20:00

JUDGMENT Wiegandová v. the Czech Republic 11.01.2024 (app0 no. 51391/19) see here SUMMARY Encumbrance of the applicant’s apartment property by virtue of an ex lege security interest (usufruct) in real property under a statutory provision in favour of a housing association. The apartment was built by the former communist regime. The applicant sought the termination […]

The monitoring and publication of emails of a political party member by his own party did not violate the right to respect for privacy and correspondence!

Article 8
12/01/2024 20:41

JUDGMENT Tena Arregui v. Spain 11.01.2024 (app. no. 42541/18) see here SUMMARY The case concerned the collecting and release of some of Mr Tena Arregui’s emails by the UPyD party (of which he had been a senior member) during an operation to monitor suspicions that other members had made backroom deals with the Ciudadanos party. […]

Inappropriate treatment during the detention of a mentally ill person in a prison psychiatric hospital. Violation of Articles 3 and 5 of the ECHR

Article 3
11/01/2024 07:00

JUDGMENT Miranda Magro v. Portugal 09.01.2023 (app. no. 30138/21) see here SUMMARY The case concerned Mr Miranda Magro’s preventative detention, which had been ordered by the courts following a finding in 2019 that he was not criminally responsible for a number of alleged offences owing to his mental disorder (having been diagnosed with paranoid schizophrenia […]

Extraordinary appeal by the Attorney General annuls an irrevocable court decision after 11 years! Conviction for setting up an unlawful court and violation of privacy!

Article 6 - Par. 1
10/01/2024 09:48

JUDGMENT Lech Wałęsa v. Poland 23.11.2023 (app. no. 50849/21) see here SUMMARY The case concerned a civil suit that Mr Wałęsa had taken against a former friend and associate, Krzysztof Wyszkowski, who had accused him publicly of collaboration with the secret services under the communist regime. Although he had won the case, the final judgment […]

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