Persons Category

The recognition by the court of a decision of the General Assembly as illegal consists of a genuine examination of the merits of the case despite its non-cancellation. No violation of the right to access to court

JUDGMENT Fischer v. Czech Republic  24.02.2022 (app. no. 24314/13) see here SUMMARY Access to court. Actual examination of the merits and preliminary settlement of a dispute regarding the illegal decision to increase the share capital of the company, despite the rejection, for reasons of legal certainty, of the application for annulment of the settlement. Possibility […]

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Temporary detention of a former Minister without serious evidence of his guilt. Inadequate medical care. Multiple violations of the ECHR

JUDGMENT Shirkhanyan v. Armenia 22.02.2022 (app. no. 54547/16) see here SUMMARY Pretrial detention. Detention conditions, inhuman and degrading treatment. Effective remedy for reporting violations. The applicant, a former Minister of Defense of the Armenian Government, was remanded in custody for approximately two years on charges of leadership and involvement in a terrorist organization. He suffered […]

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Retroactive application of a law that reduced pensions, while the case was pending before the courts. Violation of a fair trial and the rule of law

JUDGMENT D’Amico v. Italy  17.02.2022 (app. no. 46586/14) see here SUMMARY Retroactive application of a more unfavorable law for the beneficiary’s pension while the procedure for the amount of the pension was pending in the courts. Fair trial and rule of law. The applicant was receiving a widow’s pension. A new law on the calculation […]

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Unreasonable length of procedures for the adoption of minor children. Violation of a fair trial

JUDGMENT Q and R v. Slovenia 08.03.2022 (app. no. 19938/20) see here SUMMARY The applicants, nationals of Slovenia, are the grandparents of W. and Z., whose mother (the applicants’ daughter) was allegedly murdered in 2015 by the children’s father. After the death of the mother, the children remained with their grandparents until they were removed […]

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Accused of smuggling immigrants did not have the opportunity to examine key witnesses in the trial against him. Violation of the right to examine witnesses

JUDGMENT Al Alo v. Slovakia 10.02.2022 (app. no.  32084/19) see here SUMMARY The case concerned a Syrian national’s complaint that his trial and conviction on charges of migrant smuggling had been unfair. An important part of the evidence against him had come from the migrants he had aided, who had been questioned only at the […]

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The parent must be able to change the place of residence of his/her child when there is an emergency and the best interest of the latter requires it!

JUDGMENT Plazzi v. Switzerland 08.02.2022 (app. no. 44101/18) see here SUMMARY Impossibility of suspending the execution of an administrative act. Accommodation of a minor child. His best interest and urgency. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Plazzi case, […]

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Inhumane conditions of detention in a cell of the Security Department of Thessaloniki with 20 detainees!

JUDGMENT Tousios v. Greece 10.02.2022 (app. no. 36296/19) see here SUMMARY Inhumane detention conditions at the premises of the Security Director   of Thessaloniki. Absence of an effective remedy. The applicant was arrested on 23 January 2019 on charges of membership in and participation in a criminal organization and smuggling of migrants, and was placed in […]

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State refusal to provide a home nurse to an 85-year-old disabled person! Decisions concerning persons with disabilities must take into account their individual autonomy and independence

JUDGMENT Jivan v. Romania  08.02.2022  (app. no. 62250/19) see here SUMMARY Disabled persons. Positive obligations of the state. The applicant is 85 years old and has become disabled due to amputation of his leg, and is unable to support himself. He applied for an allowance to hire a home nurse. The domestic authorities rejected his […]

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