Persons Category

Conviction of a whistleblower who disclosed tax documents: no violation of the Convention

JUDGMENT Halet v. Lyxembourg 11.5.2021 (app. no. 21884/18) see here SUMMARY The case concerned Mr Halet’s criminal conviction in the “Luxleaks” case for disclosing tax documents concerning some of his employer’s clients. The Luxembourg courts did not accept whistleblowing as justification for Mr Halet’s actions, taking the view that the disclosure of the documents, which […]

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Prohibition of dissemination of parliamentary investigation information on corruption! Violation of freedom of expression

JUDGMENT Akdeniz and others v. Turkey 04.05.2021 (app. no. 41139/15 and 41146/15) see here SUMMARY The concerned an interim injunction ordered by the domestic courts banning the dissemination and publication (on any medium) of information on a parliamentary inquiry into allegations of corruption against four former ministers, which had been instigated following an operation conducted […]

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The court in which a judge who had previously convicted the accomplice of the same crime and had judged in detail the participation of the accused is not impartial!

JUDGMENT Meng v. Germany 16.02.2021 (app. no. 1128/17) see here SUMMARY Impartial court. Criteria. Fair trial. Participation of a judge in a panel that convicted the applicant, when he himself had convicted the accomplice of the same crime in a previous trial and had judged her own participation. The applicant was convicted of the joint […]

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The lack of sufficient reasoning in a basic claim of a party and the late notification of a summons for a court hearing violated the fair trial!

JUDGMENT Mont Blanc Trading Ltd and Antares Titanium Trading Ltd v. Ukraine 14.01.2021 (app. no. 11161/08). see here SUMMARY The case concerned a complaint filed by two companies for breach of fair trial. The ECtHR examined the action concerning the first applicant company, holding that the second company had no legal interest. In the domestic […]

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φυλακές

Ineffective investigation into police ill treatment for “forced confession”. Extended temporary detention for 3 years! Violations of the ECHR!

JUDGMENT  Stevan Petrović v. Serbia  20.04.2021 (app. no. 6097/16 and 28999/19) see here SUMMARY Torture of a detainee by police. Duration of 3 years of temporary detention. Ineffective research into torture. Following a search of his residence, the applicant was misled into the police station to testify as a witness, but an arrest warrant and […]

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Withdrawal of treatment of a 5-year-old girl who was in a coma, due to the lack of prospects of improvement, did not violate her right to life, nor the right to privacy of herself and her mother.

JUDGMENT Parfitt v. the United Kingdom 21.4.2021 (no. 18533/21) see here SUMMARY Withdrawal of treatment for a five-year-old girl, who was in a permanent coma. Her mother complained that any interruption in her treatment that would keep her alive would violate her daughter’s rights and that national courts that ruled otherwise did not take sufficient […]

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Criticism of Erdogan by a journalist that he is not bound by the Constitution and that he will destroy Turkey! 18 months in prison and sentenced to 10.5 years in prison! New sentence by the ECHR!

JUDGMENT Ahmet Hüsrev Altan v. Turkey 13.4.2021 (application no. 13252/17) see here SUMMARY The case concerned the pre-trial detention of the applicant, who is a well-known novelist and journalist, following his arrest on suspicion of membership of the Fetullahist Terrorist Organisation/Parallel State Structure. The events took place around the attempted coup d’état in July 2016 […]

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Order for deportation of refugee after status revoked: Court accepts principle on condition of full and up-to-date prior assessment of actual risk

JUDGMENT Κ.Ι. v. France 15.04.2021 (app. no. 5560/19) see here SUMMARY The case concerned a Russian national of Chechen origin who arrived in France when he was still a minor and obtained refugee status. After being convicted for a terrorism offence and on the grounds that his presence in France represented a serious threat to […]

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Pre trial detention of a journalist for 13 months without any indications of belonging to a terrorist organization and attempting to overthrow the regime. Violation of freedom of expression and personal freedom

JUDGMENT Murat Aksoy v. Turkey 13.04.2021 (app. no.  80/17) see here SUMMARY A well-known journalist, critical of the government with rich activity in the print and electronic press, was arrested after the coup of July 15, 2016 in Turkey, and was temporarily detained for 13 months. Two criminal charges were brought against him for belonging […]

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