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Cancellation of a public contract and withholding of the guarantee due to pending prosecution of the applicant. Serious negligence of the competent body and violation of the right to property

Article 6 - Par. 2
30/11/2020 08:53

JUDGMENT
Kurban v. Turkey 24.11.2020 (app. no. 75414/10)
Right to property, public procurement and proportionality between the means and the intended purpose.
The applicant participated in a tender for the execution of a construction project in which his bid prevailed and a public contract was signed. He paid a guarantee of 6% on the value of the contract. The contract was canceled because the State was subsequently informed of the existence of a pending criminal prosecution against the applicant relating to public procurement. The guarantee was withheld by law. He filed a complaint for violation of the presumption of innocence and his right to property.

Expulsion of a forged foreigner and his separation from his partner and their 3 children. The gravity of the offense cannot outweigh the best interests of the children. Violation of respect for family life!

Article 8
27/11/2020 20:36

ΑΠΟΦΑΣΗ
Unuane κατά Ηνωμένου Βασιλείου της 24.11.2020 (αρ. προσφ. 80343/17)
Απέλαση αλλοδαπού που καταδικάστηκε για πλαστογραφίες αδειών παραμονής. Χωρισμός του με σύντροφο και τρία παιδιά. Δικαίωμα σεβασμού της οικογενειακής ζωής.
Ο προσφεύγων υπήκοος Νιγηρίας, διέμενε μόνιμα με την σύντροφο του και τα τρία παιδιά τους στο Ηνωμένο Βασίλειο. Απελάθηκαν οικογενειακώς, πλην του τρίτου παιδιού, για λόγους δημόσιας τάξης και ασφάλειας καθόσον οι δύο γονείς καταδικάστηκαν για πλαστογραφία αδειών διαμονής. Οι αιτήσεις ακύρωσης της συντρόφου και των δύο παιδιών έγιναν δεκτές από τα εγχώρια Δικαστήρια, σε αντίθεση με αυτή του προσφεύγοντα, η οποία απορρίφθηκε και εκείνος αναγκάστηκε να αποχωρήσει από το Ηνωμένο Βασίλειο. Άσκησε προσφυγή για παραβίαση του άρθρου 8.

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

Article 10
26/11/2020 14:57

JUDGMENT
Şık v. Turkey 24.11.2020 (app. no. 36493/17)
The case concerned the initial and continued pre-trial detention of the journalist Ahmet Şık, who
was suspected of disseminating propaganda in favour of organisations considered to be terrorist
organisations or of assisting them through articles and interviews published in the Turkish daily
newspaper Cumhuriyet and social media posts, all of which criticised government policy.
The Court held that Mr Şık could not be reasonably suspected, at the time of his placement in
detention, of having committed the offences of disseminating propaganda in favour of terrorist
organisations or assisting those organisations. In other words, the facts of the case did not support
the conclusion that a reasonable suspicion had existed against him. Accordingly, although imposed
under judicial supervision, the orders for Mr Şık’s initial and continued detention had been based on
mere suspicion.

The conditions of hygiene and detention of Geneva prisons were according to international standards. 3.39m² the individual space in the cell. No finding of degrading treatment

Article 3
24/11/2020 19:57

JUDGMENT
Bardali v. Switzerland 24.11.2020 (app. no. 31623/17)
The case concerned the applicant’s conditions of detention in Champ-Dollon Prison in the Canton of
Geneva.
The Court found, in particular, that the lack of personal space for the applicant in Champ-Dollon
Prison could not on its own constitute a breach of Article 3 of the Convention. Indeed, the individual
space available to the applicant, less than the 4 m² standard established by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), had to be considered
together with the applicant’s other material conditions of detention in order to determine whether
or not there had been a violation of Article 3.

The surreptitiously taken photos of the applicant who was the Party Chairman partner at her exit from the hospital violated the respect for private life

Article 10
23/11/2020 07:27

JUDGMENT
Dupate v. Latvia 19.11.2020 (app. no. 18068/11)
Photographes taken secretly of mother and newborn child as they leave the maternity clinic and their publication in the media. The applicant was the partner of the President of a political party, who was a public figure. Right to the protection of the privacy of the mother. Balancing privacy and freedom of expression.

Condemnation of a politician because he did not assist the police in dispersing demonstrations! Violation of freedom of expression

Article 10
22/11/2020 10:25

JUDGMENT
Ιmrek v. Turkey 10.11.2020 (app. no. 45975/12)
Criminal conviction of a politician for participating in demonstrations and non-assistance of the police in the dissolution. Freedom of expression.

The applicant was convicted of propaganda in favor of a terrorist organization. The domestic courts based their conviction on his participation in two demonstrations and his lack of assistance to the police in dispersing the protesters. They considered that he did not have the appropriate reaction to the disputed actions of the protesters, that he only had to warn them, that he had not asked the government commissioner to end the demonstration and had not provided the necessary assistance to him and the police for this purpose.

The violent arrest of a lawyer-protester by police constituted degrading treatment. ECHR violations due to arrests and overnight detention of protesters

Article 11
20/11/2020 15:43

JUDGMENT
Navalnyy and Gunko v. Russia 10.11.2020 (app. no. 75186/12)
Two protesters were arrested in Bolotnaya Square in Russia in May 2012 during a political demonstration against the government. Their overnight detention in a police station and administrative conviction for violating legal police orders.
One of the protesters, Aleksey Navalnyy, a lawyer and political activist, claimed in his application before the ECtHR that a police officer had used excessive force during his arrest. Both protesters also claimed that their arrest and overnight detention was unjustified and arbitrary, that the administrative proceedings against them were unfair, that the dissolution of the demonstration, their arrest and subsequent conviction were disproportionate and that these violations of their rights were intended to undermine the freedom of assembly.

The Athens Court of Appeals did not take into account a affidavit that had not been submitted in accordance with the Code of Civil Procedure. Non-violation of access to court as its content emerged from the testimony of a witness at the hearing precedures

Article 6 - Par. 1
19/11/2020 15:23

The applicants in this case considered that the refusal by the court of appeal and the Court of
Cassation to take account of evidence which they considered as decisive for the outcome of the case
had been excessively formalistic. Those courts had considered that the documents in question had
not been presented to the court of appeal in accordance with the requirements of Article 240 of the
Greek Code of Civil Procedure.

The non-legislative provision for awarding damages for non-pecuniary damage for illegal detention violated the right of redress under Article 5 par. 5 of the ECHR

Article 5
18/11/2020 13:34

Lack of legislation for compensation for non-pecuniary damage due to illegal detention. Right of redress.

The applicant was sentenced to 3 years in prison for drug possession, which he served normally. The appellate court overturned the conviction and ruled that his detention was illegal.

The deportation of a homosexual to Gambia without assessing the dangers he faced because of his sexual orientation in that country constitutes degrading treatment

Article 3
17/11/2020 15:22

JUDGMENT
B. and C. v. Switzerland 17.11.2020 (app. no. 43987/16 and 889/19)
Same-sex couple. One of the two partners was in danger of returning to Gambia after his partner’s application was rejected by the Swiss authorities for family reunification. He claimed that he was in danger of being mistreated if he returned.

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