Persons Category

Preventive detention of a mentally disturbed patient while he had already served a 20-year prison sentence. Multiple violations of the ECHR

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 […]

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Life sentences with only possibility of release on parole after 40 years’ imprisonment are incompatible with the Convention

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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Automatic imposition of surname order, paternal followed by maternal, when parents disagree, is discriminatory regarding the mother

JUDGMENT León Madrid v. Spain 26.10.2021 (app. no. 30306/13) see here SUMMARY The case concerned the applicant’s request to reverse the order of the surnames under which her minor daughter (born in 2005) was registered. At the relevant time Spanish law provided that in the event of disagreement between the parents, the child would bear […]

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Imposition of disciplinary sanctions on a judicial officer, due to her critical public statements against judges and the government. Violation of her right to freedom of expression

JUDGMENT Miroslava Todorova v. Bulgaria 19.10.2021 (app. no. 40072/13) see here SUMMARY The case concerned two sets of disciplinary proceedings against the applicant, who had been a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her […]

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Involuntary hospitalization and compulsory medication for psychiatric patients without a recent medical evaluation! Violation of personal freedom and privacy

JUDGMENT R.D. and I.M.D. v. Romania 12.10.2021 (app. no. 35402/14) see here SUMMARY The case concerned the applicants’ non-voluntary confinement in a psychiatric hospital for the purpose of compelling them to undergo medical treatment, and the obligation to follow that treatment. The Court noted that the relevant psychiatric forensic medical reports in respect of the […]

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Prohibition of voting in local elections for internally displaced persons in Ukraine! Violation for discrimination because their special situation was not taken into account!

JUDGMENT Selygenenko and others v. Ukraine 21.10.2021  (app. no. 24919/16 and 28658/16) see here SUMMARY The applicants, who are all internally displaced persons who fled the conflict in Donetsk and the Crimea, came to Kyiv in 2014-15. The case concerned the alleged discriminatory denial of a vote to them in the Kyiv local elections in […]

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Ban on life prisoners’ telephone calls. Violation of the private and family life

JUDGMENT Danilevich v. Russia 19.10.2021(app. no. 31469/08) see here SUMMARY The case concerned the applicant being deprived of telephone contact with his relatives, including his young son, whilst serving a life sentence under the strict prison regime. That special prison regime involves, among other things, a complete ban on telephone calls except in emergency situations […]

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Lack of jurisdiction to examine a lawsuit against the Holy See for the sexual abuse of children by Catholic priests. No violation of the right of court access

JUDGMENT J.C. and others v. Belgium 12.10.2021 (app. no. 11625/17) see here SUMMARY The case raised the question of the immunity of the Holy See from the jurisdiction of domestic courts. It concerned in particular an action for compensation brought by 24 applicants against the Holy See and against a number of leaders of the […]

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Forced labor. Ineffective human trafficking research!

JUDGMENT Zoletic and others v. Azerbaijan 07.10.2021 (app. no. 20116/12) see here SUMMARY Human trafficking, definition, obligations of the state in accordance with international conventions. Ineffective research. Procedural part of article 4 par. 2 of the ECHR. The Court found that the concept of trafficking in human beings for the purpose of forced or compulsory […]

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