Persons Category

Execution of a European arrest warrant and inhuman and degrading treatment!

JUDGMENT Bivolaru and Moldovan v. France 25.03.2021 (app.no. 40324/16 and 12623/17) see here SUMMARY The case concerned the applicants’ surrender by France to the Romanian authorities under European arrest warrants (EAWs) for the purpose of execution of their prison sentences. The case prompted the Court to clarify the conditions for application of the presumption of […]

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A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no.  16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

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Temporary sequestration of housing by the authorities for housing refugees. State responsibility for compensation for damages caused by the refugees! Violation of the right to property

JUDGMENT Dabić v. Croatia 18.03.2021 (app. no. 49001/14) see here SUMMARY Seizure of the applicant’s home by the State and its use for refugee housing, during which the home was damaged and items were stolen. Right to peaceful enjoyment of possessions. The applicant brought an action against the State seeking compensation for the damage caused […]

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The criminal conviction of a CEO of a company for comments about unprofessional behavior of a lawyer, violated the freedom of expression!

JUDGMENT Matalas v. Greece  25.03.2021 (app. no. 1864/18) see here SUMMARY Criminal liability of a managing director of a Greek public limited company for defamation for comments he had made in his capacity regarding a former legal adviser of the company regarding her work. Freedom of expression. In particular, he sent her an official document […]

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The state of uncertainty about the reasons for detention and the delayed administration of justice for the legality of detention violated the ECHR. Condemnation of Greece

JUDGMENT Loizou v. Greece 18.03.2021 (app. no. 17789/16) see here SUMMARY Termination of temporary detention of a detainee to serve a sentence following a conviction in his absence. Uncertainty about the reasons for detention in prisons. Rapid judicial processing of cases related to the legality of detention. Coincidence between the period of temporary detention and […]

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Death in prison of a psychiatric patient. Failure to take appropriate protection measures and incomplete investigation. Violation of the right to life

JUDGMENT Laptev v. Russia 09.02.2021 (app. no. 36480/13) see here SUMMARY Right to life and protection during detention. Psychiatric patient. Obligations of authorities to protect life. Substantive and procedural part of Article 2. The applicant brought an action for breach of the right to life in the substantive and procedural part due to the death […]

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Prohibition of access to basic documents of the case file that had been classified as classified resulting in the deportation of a foreigner. Failure to protect the procedural rights of the applicant

JUDGMENT Hassine v. Romania 09.03.2021 (app. no. 36328/13) see here SUMMARY Deportation of an alien. Access to critical documents. Procedural guarantees. The case concerned administrative proceedings following which the applicant was expelled from Romania on national-security grounds. The Court held that substantial limitations had been imposed on the applicant’s procedural rights without the need for […]

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Humiliating treatment of a prisoner. Stay 77 days in isolation without natural light! Detention in a Covid-19 quarantine space ! Moral damage 25,000 euros!

JUDGMENT Feilazoo v. Malta 11.03.2021 (app. no.  6865/19) see here SUMMARY   The case concerned the conditions of the applicant’s immigration detention and its lawfulness. It also concerned complaints in relation to the proceedings before this Court, mainly related to interference with correspondence and domestic legal-aid representation. The Court took issue with many aspects of the […]

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