Persons Category Archives

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

7th P - Article 1
14/03/2021 06:34

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 […]

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!

Article 3
12/03/2021 19:21

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 […]

Special legal obligation of the authorities for the protection of minors as a vulnerable group. Drowning of a minor in a camp and ineffective search. Violation of the procedural part of the right to life

Article 2
10/03/2021 18:19

JUDGMENT Veronica Ciobanu v. Democracy of Moldova 04.02.2021 (app. no. 69829/11) see here SUMMARY Protection of minors. Drowning of a minor living in a state camp. Ineffective research. Procedural and substantive part of the right to life. The applicant’s minor son drowned while on holiday at a public children’s camp in Romania. The Moldovan domestic […]

Adverse transfer of judge. Inability to appeal to a court regarding the transfer. Violation of the right of access to court

Article 6 - Par. 1
09/03/2021 19:06

JUDGMENT Bilgen v. Turkey 09.03.2021 (app. no 1571/07) see here SUMMARY Transfer of a judge. Adverse transfers are important for a judge’s career. Absence of judicial control regarding the transfer. Access to court. A senior judge was transferred, without his consent, from the Ankara Regional Administrative Court to another court in a lower judicial district. […]

No judge can judge his own case! Judges adjudicated and rejected their request for exclusion! Lack of court impartiality!

Criminal
08/03/2021 16:48

JUDGMENT Kolesnikova v. Russia 02.03.2020 (app. no. 45202/14) see here SUMMARY Court impartiality and a fair trial. Lack of impartiality in a case against a former judge of the courts of Russia. The applicant, a former judge, applied for disqualification against the court hearing her appeal because the presiding judge was the one who denounced […]

Refusal to entrust custody of a child to the biological father who had not developed a meaningful relationship with his child. Non-violation of the right to respect of the family life

Children
05/03/2021 09:21

JUDGMENT Pavel Shishkov v. Russia 02.03.2021 (app. no. 78754/13) see here SUMMARY Child out of wedlock. Child custody. Lawsuit for custody by the estranged father. Right to respect for family life and best interests of the child. The plaintiff father claimed custody of his underage daughter whom he had after an extramarital affair. His daughter, […]

The long stay of asylum seekers in a transit zone is tantamount to a violation of personal freedom! Living in a high temperature, lack of ventilation and gynecological examinations in the presence of men are humiliating treatment!

Article 3
03/03/2021 18:16

JUDGMENT R.R. and others v. Hungary 02.03.2020 (app. no. 36037/17) see here SUMMARY Detention of a family of asylum seekers in the Röszke transit zone under inappropriate conditions. Regarding the conditions of detention, the Court found a high temperature in the accommodation, lack of ventilation, unsuitable beds for children, lack of access to activities, lack […]

Rape, sexual abuse and prostitution of a 14-year-old. Degrading treatment in court by the accused! Turkish court ruling on the consent of the minor is unacceptable! Condemnation from the Court

Article 14
01/03/2021 19:20

JUDGMENT N.Ç. v. Turkey 09.02.2020 (app. no. 40591/11) see here SUMMARY Juvenile victim of prostitution, rape and sexual abuse. Degrading treatment of the victim in the court process by relatives of the accused. Tolerance of the domestic court. Violation of Article 3 and respect for privacy (Article 8). The case concerned shortcomings in the criminal […]

Deportation of a foreigner for committing serious crimes against sexual freedom. Non-violation of the right to respect for family life

Article 8
20/02/2021 09:57

JUDGMENT J.Α. v. Switzerland 22.12.2020 (app. no. 6325/15) see here SUMMARY Deportation of a foreigner who committed serious crimes. Family ties in the host country. Proportionality of intervention. The action concerned the deportation of a Spanish national from Switzerland to Spain. The applicant had resided legally in Switzerland for a number of years, and had […]

Conviction of a journalist for publishing secret investigative information. No violation of the right of freedom of expression

Article 10
19/02/2021 08:39

JUDGMENT Sellami v. France 17.12.2020 (app. no. 61470/15) see here SUMMARY The case concerned the conviction of a journalist for using information obtained in breach of professional secrecy, following the publication of a composite image produced by the police in connection with an ongoing investigation. The Court saw no strong reason to question the assessment […]

Persons Category