Persons Category

φυλακές

Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

JUDGMENT  Chiarello v. Germany  20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

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The state has taken adequate measures to investigate allegations of child sexual abuse. No violation of the ECHR.

JUDGMENT  Α and Β v. Croatia 20-06-2019 (no. 7144/15) see here SUMMARY  Complaint about inaction by the Croatian authorities in allegations of sexual abuse of children. The Court noted that the authorities had taken measures to address conflicting claims of a situation involving complaints from a mother about the sexual abuse of her child by […]

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Adoption of a child and registration of its surname in the civil-status documents. The refusal to register only the surname of the foster parent in place of that of the biological parent violated the right to respect for the child’s family life

JUDGMENT Leyla Can v. Turkey 18.06.2019 (no. 43140/08) see here  SUMMARY  Adoption of a child from a single-parent family. Entering of the surname of the adopted child in the civil-status  registry. Parentalist request to register only the her surname as a child’s surname. Denial of authorities. The applicant adopted a 7-year-old, who lived with her biological […]

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The failure of the state to secure the father’s reunification with his minor daughter, which her mother brought her to another country, violated the right to respect for family life.

JUDGMENT  Vladimir Ushakov v. Russia 18.06.2019 (no. 15122/17) see here  SUMMARY Right to reunite father with a minor daughter. State obligation to develop their ties. The applicant, a Russian national, was resident in Finland. He had a daughter with his wife. At the time of their divorce, the former spouse settled with her daughter in […]

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Reunion of a daughter and her father after his acquittal for domestic violence. The failure of the state to ensure reunification violated the right to respect for family life

JUDGMENT Ηaddad v. Spain 18.06.2019   ( no. 16572/17) see here   SUMMARY Parent’s right to exercise parental custody for his child without interruption. The applicant, a Syrian national, was deprived of the communication and parental responsibility of his three minor children, by a court ruling, following the lawsuit filed by his wife against domestic violence. During the […]

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Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

JUDGMENT  Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here   SUMMARY  Violation of the fair trial by the administrative courts. Reasoning of  court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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The Greek adventure of minor refugees. Degrading conditions of detention in police stations

JUDGMENT  Sh.D and  Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia (no. 14165/16) see here SUMMARY Detention conditions for minors and degrading treatment. Detention conditions in Greece, five unaccompanied minors from Afghanistan. With regard to the complaints against Greece under Articles 3 and 5 § 1 of the ECHR, the Court considered […]

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The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY  Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

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The refusal to grant a residence permit for family reintegration reasons to a foreigner who presented false information did not violate the right to respect for privacy.

JUDGMENT  Abokar v. Sweden 06-06-2019 (no. 23270/16) see here SUMMARY Refusal by the Swedish authorities to grant the applicant a residence permit for reasons of family reintegration. The applicant had provided inaccurate information to the authorities on his identity and thus had problems in proving this, while he had no connection with Sweden except his […]

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ECHRCaseLaw

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