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Execution of a European arrest warrant and inhuman and degrading treatment!

JUDGMENT Bivolaru and Moldovan v. France 25.03.2021 (app.no. 40324/16 and 12623/17) see here SUMMARY The case concerned the applicants’ surrender by France to the Romanian authorities under European arrest warrants (EAWs) for the purpose of execution of their prison sentences. The case prompted the Court to clarify the conditions for application of the presumption of […]

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A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no.  16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

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Shepherds were killed due to unjustified use of force by police! Violation of the essential and procedural part of the right to life

JUDGMENT Gasangusenov v. Russia 30.03.2021 (app. no. 78019/17) see here SUMMARY The case concerned the killing of the applicant’s two sons, who worked as shepherds, during a special operation carried out by State agents in August 2016 in Goor-Khindakh, Dagestan (Russia). It also concerned the ensuing investigation. The Court found that the applicant’s sons had […]

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The conviction of a systematic offender of the Road Traffic Regulation for the death of a motorcyclist to a sentence less than the threshold of the sentence and its delayed execution violated the procedural part of the right to life!

JUDGMENT Smiljanić v. Croatia 25.03.2021 (app. no. 35983/14) see here SUMMARY A motorcycle driver was killed in a car accident after a collision with a well-known businessman in Zagreb, after an illegal crossing at a red light by the latter. The businessman had committed about 35 violations of the Road Traffic Regulations offenses in a […]

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Temporary suspension of procedures due to coronavirus. The Court’s first approach to pandemic problems

JUDGMENT Fenech v. Malta 30.03.2021 (app. no. 19090/20) see here SUMMARY The case concerns the aftermath of the applicant’s arrest in 2019 on suspicion of involvement in the murder of Daphne Caruana Galizia, a noted Maltese journalist who was assassinated in 2017. In particular it involves his pre-trial detention during the Covid public-health emergency, precautions […]

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Expertise from a surgeon and not from a gynecologist regarding a woman who passed away in a Greek hospital. Non-listing of statistics and bibliography in the expertise. Conviction for incomplete investigation!

JUDGMENT Mahmood v. Greece 25.03.2021(app.no. 77238/16) see here SUMMARY Medical negligence and the right to life. Essential and procedural part of the right to life. Right to family life. A woman died 4 days after the birth of her baby, while she was preparing to leave the hospital due to the rapid deterioration of her […]

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Lack of jurisdiction of Belgian courts to examine humanitarian law crimes related to the First Gulf War. Non-violation of a fair trial

JUDGMENT Hussein and others v. Belgium 16.03.2021 (app. no. 45187/12) see here SUMMARY The case concerned ten Jordanian applicants who lodged a civil-party application with the Brussels investigating judge with a view to the institution of criminal proceedings against high-ranking Kuwaiti officials for crimes under international humanitarian law, in respect of acts linked to the […]

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Temporary sequestration of housing by the authorities for housing refugees. State responsibility for compensation for damages caused by the refugees! Violation of the right to property

JUDGMENT Dabić v. Croatia 18.03.2021 (app. no. 49001/14) see here SUMMARY Seizure of the applicant’s home by the State and its use for refugee housing, during which the home was damaged and items were stolen. Right to peaceful enjoyment of possessions. The applicant brought an action against the State seeking compensation for the damage caused […]

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The criminal conviction of a CEO of a company for comments about unprofessional behavior of a lawyer, violated the freedom of expression!

JUDGMENT Matalas v. Greece  25.03.2021 (app. no. 1864/18) see here SUMMARY Criminal liability of a managing director of a Greek public limited company for defamation for comments he had made in his capacity regarding a former legal adviser of the company regarding her work. Freedom of expression. In particular, he sent her an official document […]

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