Persons Category

φυλακές

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY  The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

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The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

JUDGMENT  Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here   SUMMARY  Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

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Children’s refusal to return to their mother and their manipulation by the father does not exempt the authorities from taking the necessary measures to restore family ties. Failure to enforce judgments for custody violates the right to family life.

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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Unprecedented lifelong exclusion of a Ukrainian lawyer from the representation of the applicants before the European Court of Human Rights due to forgery of documents and filing of applications by dead persons

Judgment of 12.12.2018 Exclusion of a Ukrainian lawyer The European Court of Human Rights has decided, under Rule 36 § 4 (b) of the Rules of Court, that a Ukrainian lawyer, Nataliya Yevgenivna Tselovalnichenko, should be permanently prohibited from representing or otherwise assisting applicants in both pending and future applications. Out of concern not to […]

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Expulsion of Turkish from Germany following his convictions regarding drugs. Non-integration into German society. It is necessary for society to expel him

JUDGMENT Cabucak v. Germany  20.12.2018  (no. 18706/16) see here SUMMARY The case concerned the applicant’s expulsion to Turkey by the German authorities following several criminal convictions. The Court found in particular that Mr Cabucak had sufficiently demonstrated that he enjoyed a relationship on a regular basis with his daughter which constituted family life within the […]

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The 13-year-old child has the right to choose with whom he will stay and who will have his custody. Assignment of custody to grandparents after the death of the mother and not to the indifferent father is compatible with the ECHR

JUDGMENT Khusnutdinov and X. v. Russia  18.12.2018 (no. 76598/12) see here   SUMMARY The case concerned a child residence dispute. The Court reiterated that as soon as children become mature, the courts should give due weight to their views and feelings and to their right to respect for their private life. Given that Mr Khusnutdinov’s […]

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Expulsion of aliens. When it is contrary to the ECHR

JUDGMENT Saber and Boughassal v. Spain 18.12.2018 ( no. 76550/13 and 45938/14) see here SUMMARY The case concerned expulsion orders against two Moroccan nationals following their convictions for criminal offences in Spain. The Court found in particular that the national authorities had failed to examine the nature and seriousness of the criminal convictions in question, […]

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Death of a three-year-old girl from meningitis that she got in the kindergarten and the examination of the Court

JUDGMENT Plotnikov v. Russia  20.12.2018 (no. 74971/10) see here SUMMARY The case concerned the death of the applicant’s daughter from a meningitis infection and his complaint of the lack of an effective investigation. The Court found that there was no evidence to suggest that the Russian authorities had not met their obligation under Article 2 […]

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Greek Muslims should apply Sharia if they want it, and not necessarily. Condemnation of Greece from Strasbourg due to the inability of the Muslims to apply the Greek Civil Code

JUDGMENT  Molla Sali v. Greece of the Grand Chamber 19.12.2018 (no.  20452/14) see here SUMMARY  The case concerned the application by the domestic courts of Islamic religious law (Sharia) to an inheritance dispute between Greek nationals belonging to the Muslim minority, contrary to the will of the testator (a Greek belonging to the Muslim minority, […]

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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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