Persons Category

The Court intervenes on the substance of the criminal case. Non-examination of evidence, insufficient reasoning and lack of impartiality: Unfair trial

JUDGMENT Paixão Moreira Sá Fernandes v. Portugal 25.2.2020 (no. 78108/14) see here  SUMMARY The case concerned the applicant’s conviction for recording a conversation with a businessman who was offering him money to ensure that his brother, a Lisbon City Councillor, would withdraw his opposition to a contract that the businessman wished to conclude with the […]

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Addicted mother of three. Removal of parental authority was disproportionate and violated her family life

JUDGMENT Y.I. v. Russia 25.2.2020 (no. 68868/14) see here SUMMARY The case concerned the applicant’s complaint about being deprived of her parental authority in respect of her three children because she was a drug addict. Drug addiction is a ground for removing parental authority under the Russian Family Code, and entailed her losing all contact […]

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Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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Publisher’s criminal conviction for hate speech did not violate freedom of expression

JUDGMENT Atamanchuk v. Russia  11.02.2020 (no. 4493/11) see here SUMMARY The case concerned a businessman’s conviction for inciting hatred and enmity following statements about non-Russians in an article published in a local newspaper. The Court found in particular that the applicant’s sweeping remarks had not contributed to any public debate and agreed with the national […]

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Injured children by grenade in residential area. Non-assignment of responsibilities and compensation. Ineffective research

JUDGMENT Vovk and Bogdanov v. Russia 11.02.2020 (no. 15613/10) see here SUMMARY The case concerned the authorities’ alleged failure to conduct an effective investigation into the explosion of a grenade in a residential area of Chita in April 2008 and their refusal to pay the victims compensation. The Court found that the investigating authorities had […]

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The Court protects lawyers from arbitrary investigations and seizures

JUDGMENT Kruglov and others v. Russia  30.01.2020 (no. 11264/04 and 15 applications)  see here  SUMMARY Investigations in law firms and homes. Protection of professional secrecy. Necessary institutional guarantees. The seizure of computers and hard drives violates the right to property. The applicants are lawyers. In order to gather evidence for a criminal investigation, a search […]

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A judge has tried two cases with the same defendant. The fair trial was not violated and no discrimination was found.

JUDGMENT Alexandru Marian Iancu v. Romania 04.02.2020 (no. 60858/15) see here   SUMMARY The case concerned the applicant’s allegation that a judge who had been involved in convicting him in two sets of connected proceedings could not be impartial. The Court found that aside from the alleged similarity between the two sets of proceedings against […]

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The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here  SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

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