Persons Category

Lawyer sentenced for defamation for writting an open letter on a subject of public interest violated his freedom of expression

JUDGMENT Tête v. Frabce 26.03.2020 (no. 59636/16) see here  SUMMARY In this case the applicant complained about his conviction for malicious falsehood on account of an open letter which he had written to the President of the French Financial Markets Authority (AMF), in which he accused the Olympique Lyonnais Group (“the OL Group”) and its […]

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The deportations do not violate the ECHR, as each deportee puts forward his arguments and his case is examined individually.

JUDGMENT  Asady and others v. Slovakia  24.03.2020 (no. 24917/15) see here SUMMARY  Collective expulsion of aliens. Examination by the authorities individually of each case. Non-violation of the ECHR. Deportation of Afghans to Ukraine by Slovak police. The Court examined only 7 of the 19 appeals. It found, in particular, that despite the short duration of […]

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φυλακές

The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

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δικηγόρος

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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ιδιοκτησία

The discontinuation of the disability pension due to the Insurance Fund doctor’s mistake and the refusal to pay compensation violated the right to property

JUDGMENT Grobelny v. Poland 05.03.2020  (no. 60477/12) see here  SUMMARY Discontinuation of disability pension due to mistakes made by doctors of the Insurance Fund. Non-payment of compensation to the insured. Violation of the right to property. The applicant had been declared incapable of working since 1994 and was awarded an invalidity pension. In a review […]

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The alienation of troubled parents from their children has violated their family life

JUDGMENT Hernehult v. Norway 10.3.2020  (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no.  39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

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Asylum request for members of a religious community. Rejection due to an unproven risk of inhumane or degrading treatment

JUDGMENT A.S.N. and others v. The Netherlands 25.2.2020 (no.  68377/17 and 530/18) see here  SUMMARY The applicants in both applications are families with minor children, originally from Afghanistan and belonging to the religious community of Sikhs. Citing fears of persecution because of their religious beliefs, they fled to the Netherlands where they sought asylum. Their […]

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Deprivation of the right to choose a defense lawyer and the national court’s formalism in the late appeal violated the ECHR

JUDGMENT Lobzhanidze and Peradze v. Georgia 27.02.2020 (no. 21447/11 and 35839/11) see here  SUMMARY Evidence, Appointment of Attorney, Appeal and Fair Trial. The applicants were convicted of forgery for a virtual sale of real estate. In addition, the first applicant was charged with the offense of bribery of judicial officers for attempting to influence a […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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ECHRCaseLaw

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