Persons Category Archives

The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

Article 9
22/10/2020 10:59

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

Recall of a diplomat from her position due to pregnancy. The different treatment was justified to ensure the operation of the embassy.

Article 1 of the 12th Protocol
21/10/2020 10:03

JUDGMENT Napotnik v. Romania 20-10-2020 (app. no. 33139/13) see here SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]

Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

1st P - Article 2
21/10/2020 07:46

JUDGMENT Perovy v. Russia 20-10-2020 (app. 47429/09) see here SUMMARY The case concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

Article 10
19/10/2020 10:31

JUDGMENT Gafiuc v. Romania 15.10.2020 (app. no. 59174/13) see here SUMMARY The case concerned the withdrawal of the accreditation granted to a journalist to study the archives of the Securitate in order to conduct research into sports activities under the communist regime. In June and July 2009 the journalist published several articles in which he […]

Violation of the privacy of a man who claims to be the biological father of a child, after unsuccessful attempts to acknowledge his paternity

Article 8
15/10/2020 18:49

JUDGMENT Koychev v. Bulgaria 15.10.2020 (app. no. 32495/15) see here SUMMARY In this case, the applicant (Mr Koychev) claimed to be the biological father of a child born outside marriage, and complained of the fact that his actions to have his paternity recognised had been rejected on the grounds that the child had been recognised […]

Detention of the mayor for 4 days without appearing in court. Search in his office without a warrant. Violation of privacy and the right to liberty and security

Article 5
14/10/2020 14:42

JUDGMENT Marin Yosifov v. Bulgaria 13.10.2020 (app. no. 5113/11) see here SUMMARY The case concerns criminal proceedings for corruption brought against a mayor. The applicant complained of being detained for four days (for 24 hours on police orders and for a further 72 hours on an order of the public prosecutor) without being brought before […]

The exclusion of the non-biological father from communication with the child, with whom he had developed strong ties, violated the right to family life

Article 8
29/09/2020 19:14

JUDGMENT Fatkhutdinov v. Russia 29.09.2020 (App. no. 36335/18) see here SUMMARY Best interests of the child and parental care. Deprivation of parental care f a minor child by the applicant, who was deemed not to be his biological father, based on his refusal to undergo a DNA test and the testimony of a witness. The […]

Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

Article 10
25/09/2020 17:29

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

Article 5
21/09/2020 11:17

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020 (app. no. 62775/14) see here SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

Complaint of asylum seekers for accommodation in tents in a camp parking lot and for lack of financial assistance! Unproven allegations. Non-violation of the ECHR

Article 3
19/09/2020 10:14

JUDGMENT B.G. and others v. France 10.09.2020 (app. no. 63141/13) see here SUMMARY The case concerned the accommodation of asylum-seekers for several months in a tent camp set up on a carpark in Metz and the question whether they had received the material and financial support provided for by domestic law. Applicants 1 to 12 […]

Persons Category