Persons Category Archives

Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

Article 5
30/06/2021 18:35

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

Removal of heads of courts by the Minister of Justice without the possibility of appealing against the dismissal! Violation of the right of access to court

Administrative
29/06/2021 17:57

JUDGMENT Broda and Bojara v. Poland 29.06.2021 (app. no. 26691/18 and 27367/18) see here SUMMARY Judges and the right of access to justice. Absence of an appeal against decisions of the Minister of Justice, by which he terminated prematurely the term of office of the appellant Vice-Presidents of the Kielce District Court. The Court emphasized […]

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

Article 3
27/06/2021 18:11

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

The complete assessment of a whole life imprisonment without the possibility of parole is humiliating treatment for the convict!

Article 3
25/06/2021 18:15

JUDGMENT Sandor Varga and others v. Hungary 17.06.2021 (app. no. 39734/15, 35530/16 and 26804/18) see here SUMMARY Whole life sentece. Possibility of dismissal. Inhuman and degrading treatment, the full imposition of a life sentence and the non possibility of granding parole. The applicants were sentenced to life imprisonment for particularly heinous offenses, namely intentional homicide […]

Extradition of a seriously ill person without a health risk assessment would lead to a real risk of inhuman or degrading treatment

Article 2
24/06/2021 18:44

JUDGMENT Khachaturov v. Armenia 24.6.21 (no. 59687/17) see here SUMMARY Extradition and prohibition of inhuman or degrading treatment. Domestic decision of extradition of the applicant, who has serious health problems due to stroke, from Armenia to Russia. Inability to travel, even under medical supervision, due to his serious health condition. The ECtHR emphasized the importance […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

Insufficient assessment of the existence of a “serious risk” for the return of a abducted child under the Hague Convention. Violation of family life

Article 8
20/06/2021 09:47

JUDGMENT Y.S. and O.S. v. Russia 15.06.2021(app. no. 17665/17) see here SUMMARY Child abduction. Insufficient assessment of the existence of a “serious risk” in the return of a abducted child under the Hague Convention to a conflict zone in eastern Ukraine. In this case, the child’s mother took the initiative to remove him, without the […]

Dismissal of a public-sector employee for having “Liked” Facebook posts: violation of her right to freedom of expression

Article 10
15/06/2021 19:42

JUDGMENT Melike v. Turkey 15.06.2021 (aqpp. no. 35786/19) see here SUMMARY Internet and employee freedom of expression. Dismissal due to likes on Facebook posts. The applicant, an employee of the Ministry of Education under a private law contract, was fired because she had clicked “like” in various articles published by third parties on Facebook. Authorities […]

Communication between a father and his daughter limited to 12 hours a year at the child’s residence in the presence of the mother! Violation of respect for family life!

Article 8
14/06/2021 19:34

JUDGMENT Nechay v. Russia 25.05.2021 (app. no. 40639/17) see here SUMMARY Right of father-child communication. A court decision limited communication to 12 hours per year and stipulated that meetings must take place at the child’s place of residence in another country and in the presence of his mother. According to the ECtHR, the decision to […]

Pre trial detention of two journalists for publishing e-mails from a Minister that had already been leaked to Wikileaks. Violation of freedom of expression and personal freedom

Article 10
07/06/2021 19:01

JUDGMENT Öğreten and Kanaat v. Turkey 18.05.2021 (app. no. 42201/17 and 42212/17) see here SUMMARY The case concerned the detention (from December 2016 to December 2017) of two journalists for membership of terrorist organisations. Both journalists had published, in the press entities in which they worked, emails from the account of the then Turkish Energy […]

Persons Category