Persons Category

Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here  SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

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The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here  SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

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Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.

JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY  Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]

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Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY  Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

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The domestic remedies available to detained migrants in emergency reception centers in Greece were neither accessible nor sufficient.

JUDGMENT Kaak and others v. Greece 3/10/2019 (no. 34215/16) see here SUMMARY The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be […]

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The mentally ill offender cannot be deported without sufficient guarantees of effective access to appropriate care.

JUDGMENT Savran v. Denmark 1/10/2019 (no. 57467/15) see here   SUMMARY The case concerned the applicant’s complaint that owing to his mental health his rights would be violated if he were to be returned to Turkey. The Court found in particular that psychiatrists had recommended that the applicant receive close monitoring and follow-up in order […]

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φυλακές

Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

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ECHRCaseLaw

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