Persons Category

Dissolution of an association because its name contained an unrecognised nationality. Violation of freedom of association

JUDGMENT Association of People of Silesian Nationality v. Poland 14.03.2024 (app. no. 22415/22) see here SUMMARY The applicant, Association of People of Silesian Nationality, is an association, which was registered in 2011 and went into liquidation in 2016. Silesia is a historic region currently located in south-western Poland. According to the 2011 census nearly half […]

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Threat to dismiss an employee if he did not provide copies of his correspondence with the ECHR. Infringement of the right of individual appeal

JUDGMENT Boškoćević v. Serbia 05.03.2024 (app. no. 37364/10) see here SUMMARY The applicant was an employee of a national park in Kosovo*. He lodged an application with the European Court to complain about the non-enforcement of a judgment in his favour with regard to outstanding wages. The case essentially concerned his complaint that his managing […]

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Detention of minor asylum seekers after declaring that they were minors. Violation of personal liberty

JUDGMENT M.H. and S.B v. Hungary 22.02.2024 (app. no. 10940/17 and 15977/17) see here SUMMARY The applicants entered Austria and applied for asylum. They were detained for 3 months despite being minors. The applicants’ initial statements that they were adults could not justify the rejection of their claim that they were minors without taking appropriate […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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Detention of a psychiatric patient in inappropriate conditions. Degrading treatment, and violation of personal freedom

JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY  The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]

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Disciplinary sanction against a judge for his Facebook posts on matters of public interest. Violation of freedom of expression

JUDGMENT Danileţ v. Romania 20.02.2024 (app. no. 16915/21) see here SUMMARY The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in […]

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Dismissal of a bank employee for sending a critical email against a senior bank executive. Violation of freedom of expression

JUGMENT Dede v. Turkey 20.02.2024 (app. no. 48340/20) see here SUMMARY The case concerned the dismissal of a bank employee for having sent an email to the staff of his company’s human resources department criticising a senior executive’s management methods. The employer considered that the email had caused a nuisance which had disturbed peace and […]

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The applicant didn’t prove that he would be at risk of inhuman or degrading treatment if he were to be deported. Rejection of the application

JUDGMENT U. v. France 15.02.2024 (app. no. 53254/20) see here SUMMARY The case concerned the procedure to remove the applicant, a Russian national of Chechen origin, to Russia. The applicant’s refugee status had been revoked on account of the serious threat his presence in France posed to State security. The applicant submitted that the implementation […]

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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

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 […]

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