GRAND CHAMBER DECISION Selahattin Demirtaş v. Turkey 22.12.2020 (no. 2) (app. no. 14305/17) see here SUMMARY The case concerned the arrest and pre-trial detention of Mr Selahattin Demirtaş, who at the time of the events was one of the co-chairs of the Peoples’ Democratic Party (HDP), a left-wing pro-Kurdish political party. The Court found in […]
JUDGMENT Tikhonov and Khasis v. Russia 16.02.2021 (app. no. 12074/12 and 16442/12) see here SUMMARY In this case the applicants alleged that the court which had found them guilty of the murders of a lawyer and a journalist (killed in Moscow in 2009) had not been impartial. They based their allegations, among other things, on […]
JUDGMENT Lamatic v. Romania 01.12.2020 (app. no. 55859/15) see here SUMMARY Fair trial and examination of witnesses. Evaluation and cross-examination of evidence. The applicant was charged with robbery, but was acquitted in the first instance court. The appellate court annulled the acquittal and convicted the applicant, based on the testimony of an eyewitness, which it […]
JUDGMENT Süleyman v. Turkey 17.11.2020 (app. no. 59453/10) see here SUMMARY Right to be questioned by a key anonymous witness and a fair trial. The applicant was charged with premeditated murder. He was convicted according to the indictment. The national court based its decision on the testimony of an eyewitness who remained anonymous and the […]
JUDGMENT Behar and Gutman v. Bulgaria 16.02.2021 (app. no. 29335/13) see here SUMMARY Anti-Semitic speech of a politician. Limits on freedom of expression for Members of Parliament and the balance between the right to respect for privacy and the prohibition of all racial discrimination. The two plaintiffs’ lawsuit against a politician for comments made during […]
JUDGMENT Yukhymovych v. Ukraine 17.12.2020 (app. no. 11464/12) see here SUMMARY Police violence, limits of its exercise, ineffective investigation and right to life. Procedural and substantive part of Article 2 of the ECHR. The applicant’s son was shot dead by police officers during a police investigation into the crime in 1999. The criminal investigation into […]
JUDGMENT Plokhovy v. Russia 22.12.2020 (app. no. 45024/07) see here SUMMARY Right to life and effective research. Procedural and substantive part of the right to life. The applicants’ son died while serving in the army. The deceased was perfectly healthy, but complained strongly about a discomfort, however, he was not immediately provided with medical assistance. […]
JUDGMENT J.Α. v. Switzerland 22.12.2020 (app. no. 6325/15) see here SUMMARY Deportation of a foreigner who committed serious crimes. Family ties in the host country. Proportionality of intervention. The action concerned the deportation of a Spanish national from Switzerland to Spain. The applicant had resided legally in Switzerland for a number of years, and had […]
JUDGMENT Budinova and Chaprazov v. Bulgaria 16.02.2021 (app. no. 12567/13) see here SUMMARY Ethnic discrimination, Roma and the right to respect for privacy. A politician in Bulgaria made public statements on a TV channel that were derogatory to Roma living in Bulgaria. The politician, among other things, stated that he intends to clean the country […]
JUDGMENT Schweizerische Radio und Fernsehgesellschaft and publisuisse SA v. Switzerland 22.12.2020 (app. no. 41723/14) see here SUMMARY The two applicant companies in this case complained about the obligation imposed on them to run a commercial which, in their view, was damaging to their reputation. The first applicant company is a nation-wide public-service television and radio […]
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