Persons Category

Pre trial detention for using a messaging application during the coup in Turkey, without evidence! Violation of personal freedom

JUDGMENT Akgün v. Turkey 20.07.2021 (app. no. 19699/18) see here SUMMARY The case concerned the applicant’s placement in pre-trial detention on suspicion of being a member of an organisation referred to by the Turkish authorities as “FETÖ/PDY” (“Gülenist Terrorist Organisation/parallel State structure”). The Court considered that when ordering the applicant’s pre-trial detention on 17 October […]

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Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

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Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no.  57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

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Award of large compensation for television for broadcasting false news, which was recalled a few hours later, for the arrest of a politician for sexual offenses against children. Violation of freedom of expression!

JUDGEMENT  SIC – Sociedade Independente de Comunicação v. Portugal 27.07.2021 (app. no. 29856/13) see here SUMMARY Awarding a high amount of compensation to a television station for insulting the price of a well-known politician. Freedom of expression. A television station owned by the applicant company reported that a well-known politician had allegedly been arrested and questioned […]

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No summoning of the accused, no representation of him before the Court of Appeals and his conviction in absentia for rape! Violation of a fair trial

JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]

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δικηγόρος

Serious irregularities in the appointment of judges to the newly established Disciplinary Department of the Supreme Court following legislative reform. Violation of a fair trial

JUDGMENT Reczkowicz v. Poland 22.07.2021 (app. no. 43447/19) see here SUMMARY Establishment of a court in accordance with the law. Disciplinary Department. Fair trial. A lawyer complained that the Disciplinary Division of the Supreme Court of Poland, which had ruled on her case, was not a “court established by law” and suffered from a lack […]

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Disciplinary sanction of suspension of duties imposed by an administrative body without the possibility of going to court! Violation of a fair trial

JUDGMENT Loquifer v. Belgium 20.07.2021 (app. no. 79089/13, 13085/14 and 54534/14). see here SUMMARY The applicant a retired judge was a non-judicial member of the Supreme Judicial Council (“CSJ”). The CSJ imposed on her the disciplinary sanction of suspension from her duties due to criminal prosecution against her for forgery with use. The domestic law […]

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Collective deportation, non-provision of immigrant entry procedures and lack of legal remedy against the deportation decision. Violation of the ECHR

JUDGMENT Shahzad v. Hungary  08.07.2021 (app. no. 12625/17) see here SUMMARY Prohibition of mass deportation of immigrants. Lack of an effective remedy. The applicant, a Pakistani national, attempted to enter Hungary illegally with a group of foreigners. The process of group entry into Hungary was impossible due to the limited size of the transit zone […]

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