Persons Category

εξευτελιστική μεταχείριση

States must effectively investigate allegations of alien abuse and detention conditions

JUDGMENT Thuo v. Cyprus 04-04-2017 (no. 3869/07) see here  SUMMARY Inhuman and degrading treatment. Conditions of detention in a cell pending deportation. The Kenyan applicant was deported from Cyprus to Kenya after he was arrested and detained in a detention center for immigrants in anticipation of his deportation. Referring to Article 3 (prohibition of inhuman […]

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The conviction for malicious accusations of a municipal councilor is a violation of freedom of expression.

JUDGMENT Athanasios Makris v. Greece (application no. 55135/10) 9.3.2017 see here  SUMMARY Defamation. Freedom of expression. The applicant was mayor of Salamis for 12 years and at the relevant time he was a municipal councilor and head of the opposition party “Unity”. The case concerned his criminal conviction about malicious accusations because of the falsification, […]

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School violence by nursery school teachers to students and the obligation of public authorities to immediately investigate such phenomena

JUDGMENT V.K. v. Russia 7-3-2017 (no. 68059/13) see here  SUMMARY Inhuman treatment of a child in a kindergarten. The applicant’s mother during the time her child was in a nursery school found contractions in his eyes and the presence of a bruise on his left temple. The parents of the minor filed complaints before various authorities […]

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The multi-annual judicial war focusing on children’s communication directly affects the interests of minors and violates the ECHR

JUDGMENT D’Alconzo v. Italy 23-02-2017 (no. 64297/12) see here  SUMMARY Right to family life. Contact between father and his children. The case concerned the applicant’s inability to exercise the right of communication and contact with his two children. His former partner left for the US along with their children. The applicant denounced the matter before […]

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δικαίωμα στη ζωή

Death of a four-year-old boy was not properly investigated

JUDGMENT Ioniță v. Romania (application no. 81270/12) 10.01.2017 see here SUMMARY The case concerned the death of the applicants’ four-year-old son following an operation. The applicants complained that the authorities had failed to effectively investigate the incident, despite their repeated claims that it had been caused by the negligence of medical staff. The Court found […]

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The best interests of a child born from a surrogacy arrangement abroad ought to have been of paramount importance in the Italian authorities’ decisions

JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 27.1.2015 see here  SUMMARY  The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract entered into by a couple; it subsequently transpired that they had no biological relationship with the child. The Court […]

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Respect for the human body after death

JUDGMENT Elberte v. Latvia  13.01.2015 (no.  61243/08) see here SUMMARY: The case concerned the removal of body tissue from Ms Elberte’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to Ms Elberte, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy […]

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Expulsion from Russia to Syria would violate the European Convention on Human Rights

JUDGMENT: LM and others v. Russia 15.10.2015 (no. 40081/14, 40088/14, 40127/14) see here SUMMARY: The case of L.M. and Others v. Russia (application nos. 40081/14, 40088/14, and 40127/14) concerned the impending expulsion of three men to Syria from Russia and their detention pending expulsion in Russia. The European Court of Human Rights held, unanimously: that […]

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Croatian authorities failed to promptly investigate allegations of child abuse by a father or to hear the child’s view either in the criminal or custody proceedings

JUDGMENT Μ. and Μ. v. Croatia 03.09.2015 (no. 10161/13) see here SUMMARY: The case M. and M. v. Croatia (application no. 10161/13) concerned a custody dispute, including allegations of child abuse by the father. The applicants, a mother and her daughter, complained in particular that the national authorities had failed to remove the child from […]

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Sentences imposed by the administrative courts in spite of acquittals in criminal proceedings: violations of the Convention

JUDGMENT: Kapetanios and others v. Greece 30.04.2015 (nos. 3453/12, 42941/12, 9028/13) see here   SUMMARY: The case concerned the imposition of administrative fines on individuals accused of contraband who had been acquitted of a criminal offence. The Court found in particular that the fact of ordering the three applicants to pay administrative fines, even though they […]

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