Persons Category Archives

Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

Article 10
22/01/2024 20:37

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

A minor was classified as an adult in a migrant camp. Condemnation of Greece for lack of procedural guarantees for age determination and for degrading conditions

Article 3
19/01/2024 20:34

JUDGMENT T.K. v. Greece 18.01.2024 (app. no. 16112/20) see here SUMMARY The applicant, upon his arrival at a camp in Samos, was registered as an adult. The applicant claimed that he had produced a copy of a birth certificate where the date of birth proved that he was a minor at the relevant time. However, […]

Extraordinary appeal by the Attorney General annuls an irrevocable court decision after 11 years! Conviction for setting up an unlawful court and violation of privacy!

Article 6 - Par. 1
10/01/2024 09:48

JUDGMENT Lech Wałęsa v. Poland 23.11.2023 (app. no. 50849/21) see here SUMMARY The case concerned a civil suit that Mr Wałęsa had taken against a former friend and associate, Krzysztof Wyszkowski, who had accused him publicly of collaboration with the secret services under the communist regime. Although he had won the case, the final judgment […]

The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

Article 6 - Par. 1
04/01/2024 09:22

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

Article 6 - Par. 1
23/12/2023 10:25

JUDGMENT Tadić v. Croatia 28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

The ban on strikes by civil servants’ teachers did not take away the core of their freedom of association and did not violate the right of association

Article 11
19/12/2023 11:28

JUDGMENT Humpert and others v. Germany 14.12.2023 (app. no. 59433/18 and 3 others) see here SUMMARY The case concerned the disciplinary sanctions imposed on the applicants, teachers with civil-servant status, for having participated, during their working hours, in strikes organised by their trade union in order to protest against worsening working conditions for teachers. The […]

Constitutional court with an illegitimate composition banned abortion for a woman whose fetus was diagnosed with Down Syndrome. Violation of privacy

Article 8
18/12/2023 12:52

JUDGMENT M.L. v. Poland 14.12.2023 (app. no. 40119/21) see here SUMMARY The applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital […]

Inhumane living conditions for a pregnant woman at the Samos Reception Centre. Violation of Article 3 of the ECHR

Article 3
12/12/2023 19:19

JUDGMENT M.L. v. Greece 23.11.2023 (app. no. 8386/20) see here SUMMARY The applicant complained about her living conditions at the KYT Samos on the basis of Articles 3 and 8 of the Convention. In her observations, she further complained about her living conditions and the restriction of her freedom in the Klitidi camp. The applicant […]

Deportation of a Palestinian from the UK to Lebanon. Allegations of ill-treatment were not proven. Application dismissed

Article 3
08/12/2023 18:56

JUDGMENT H.A. v. the United Kingdom 05.12.2023 ( app. no. 30919/20) see here SUMMARY The applicant is a Palestinian refugee who grew up in the Ein El-Hilweh refugee camp in Lebanon. He sought asylum in the UK, claiming that he risked ill-treatment if he refused attempts to be recruited into extremist armed groups in Ein […]

Detained in a special prison cell, naked in the cold and with constant light for 17 days! Inhuman and degrading treatment

Article 3
03/12/2023 19:06

JUDGMENT Vukušić v. Croatia 14.11.2023 (app. no. 37522/16) see here SUMMARY The applicant, mentally disturbed, was kept in a so-called “rubber cell” (gumenjara) in prison for two periods in 2012 and for a total of 17 days. This detention was imposed to prevent him from self-harming. According to the Court, persons in detention are in […]

Persons Category