Persons Category

The obligation of a spouse to give testimony to a criminal case in which his wife was a “special witness”, a stage ie before being characterised as a suspect, is contrary to the right to the protection of family life

JUDGMENT Kryževičius v. Lithuania 11.12.2018 (no. 67816/14) see here SUMMARY Witness against his wife. The applicant’s refusal to testify as a witness in a case where his wife was a “special witness”, a witness being investigated regarding her own potential criminal activity. Imposition of a fine for the refusal to testify and an inability of […]

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The refusal of Lithuanian border guards to allow applicants to submit asylum applications violated the Convention.

JUDGMENT M.A. and others v. Lithuania  11.12.2018 (no. 59793/17) see here  SUMMARY The case concerned a Russian family of seven who, after leaving Chechnya, tried on three separate occasions to seek asylum in Lithuania, but were each time refused the right to make an application at the border. The Court found in particular that, contrary […]

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Non-execution of a custody decision. The State bears the responsibility and must take all necessary measures to restore family ties

JUDGMENT R.Ι. and others v. Romania 4.12.2018 (no.  57077/16) see here   SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The unjustified provisional detention of a journalist violated his right to freedom and security.

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY  The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

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Court condemns libel verdict against a Hungarian media company, stresses importance of hyperlinks on Internet

JUDGMENT  Magyar Jeti Zrt v. Hungary  4.12.2018 (no. 11257/16) see here SUMMARY  The case concerned the applicant company being found liable for posting a hyperlink to an interview on YouTube which was later found to contain defamatory content. The Court underscored the importance of hyperlinking for the smooth operation of the Internet and distinguished the use […]

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The eviction of wifes from a state owned dormitory after five years of illegal residence violated their right to residence and was not necessary in a democratic society

JUDGMENT  Popov and others v. Russia 27.11.2018  (no. 44560/11) see here SUMMARY  State owned dormitories and right to residence. Decision regarding the eviction of wifes female from state owned  dormitory provided to their husbants who worked in the Treasury Security Service in the 1990s The ECtHR found that the dormitory where they illegally resided for […]

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Dismissal of a train driver who went on strike led to a violation of his right of association

JUDGMENT  Ognevenko v. Russia 20.11.2018 (no.  44873/09) see here SUMMARY  The case concerned Mr Ognevenko’s dismissal as a train driver for disciplinary breaches, including taking part in a strike. The Court noted that train drivers and some other types of railway worker were included in occupations which were prohibited from striking. That restriction had not […]

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Nursing homes. Can they be characterised as the personal residence of the residents?Can they be exempted from social-security contributions ? The answers of Strasbourg

JUDGMENT  Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here   SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]

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