JUDGMENT S.Ν. and Μ.Β.Ν. v. Switzerland 23.11.2021 (app. no. 12937/20) see here SUMMARY The case concerned the return of the daughter (M.B.N.) of the first applicant (S.N.) to Thailand (where the father, a French national, lives) ordered by the Swiss courts in an international child abduction case. The Court found that, in proceedings which had […]
JUDGMENT Donev v. Bulgaria 26.10.2021 (app. no. 72437 /11) see here SUMMARY The case concerned disciplinary proceedings to dismiss the applicant, a judge and a court president. He complained, in particular, that the Supreme Judicial Council (SJC) and the Supreme Administrative Court had not satisfied the requirements of independence and impartiality set out in Article […]
JUDGMENT Shabelnik v. Ukraine 04.11.2021 (app. no. 54806/18) (no. 3) see here SUMMARY Non-imposition of a penalty without law. Criminal review procedure following decisions of the ECtHR. The applicant was sentenced to life imprisonment for two homicides. Following ECtHR rulings, the Supreme Court quashed his conviction in relation to one of the two homicides and […]
JUDGMENT Špadijer v. Montenegro 09.11.2021 (app. no. 31549/18) see here SUMMARY The case concerned the alleged bullying of a prison guard following her reporting an incident involving male prison guards coming into the women’s prison where she worked and their inappropriate contact with female prisoners, and her attempts to address this with the authorities. The […]
JUDGMENT Dolińska-Ficek and Ozimek v. Poland 8.11.2021 (app. no. 49868/19 and 57511/19) see here SUMMARY The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality […]
JUDGMENT Khojoyan and Vardazaryan v, Azerbaijan 04.11.2021 (app. no. 62161/14) see here SUMMARY Right to life. Prohibition of torture. Right to freedom and security. The applicants alleged that their father, an Armenian elderly man accused of being part of an armed group, was tortured during his captivity in Azerbaijan, with beatings including beatings, burning with […]
JUDGMENT Kupás v. Hungary 28.10.2021 (app. no. 24720/17) see here SUMMARY Best interests of the child in cases of “abduction” by the other parent The Court reiterated the basic fundamental principle that there is a broad consensus – including international law – in all decisions relating to children, that the best interests of the child […]
JUDGMENT W.A. v. Switzerland 02.11.2021 (app. no. 38958/16) see here SUMMARY The case concerned the ordering of preventive detention in respect of W.A. – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The Court found in essence that by this detention, ordered in a reopening […]
JUDGMENT A.P. v. the Republic of Moldova 26.10.2021 (app. no. 41086/12) see here SUMMARY The case concerned the effectiveness of an investigation conducted by the Moldovan authorities into allegations of sexual abuse perpetrated by a twelve-year-old boy on the applicant, who was five years old at the time. The Court found in particular that the […]
JUDGMENT Bancsók and László Magyar (no. 2) v. Hungary 28.10.2021 (app. no. 52374/15 and 53364/15) see here SUMMARY The case concerned the imposition of life sentences with eligibility for release on parole only after 40 years of imprisonment. The Court found that such sentences did not, in effect, offer any real prospect of release, and […]
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