Persons Category Archives

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 […]

The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

Article 6 - Par. 1
18/09/2020 18:17

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

Immobilization of a mentally ill person in a hospital bed for 23 hours. Continuation of the measure of physical restraint without sufficient justification, violated the ECHR.

detainee
15/09/2020 11:04

JUDGMENT Aggerholm v. Denmark 15-9-2020 (app. no. 45439/18) see here SUMMARY The case concerned a complaint by a schizophrenic man about being strapped to a restraint bed in a psychiatric hospital for nearly 23 hours, one of the longest periods of such immobilisation ever examined by the European Court. Given the context and the applicant’s […]

The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

Article 10
13/09/2020 15:48

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

1st P - Article 2
11/09/2020 15:05

JUDGMENT G.L. v. Italy 10.09.2020 (app. no. 59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

Article 6 - Par. 1
10/09/2020 07:36

JUDGMENT Pervane v. Turkey 08.09.2020 (app. no. 74553/11) see here SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

Article 10
09/09/2020 15:02

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

Article 10
08/09/2020 16:04

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia 08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

Article 8
06/09/2020 19:03

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no. 17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

Persons Category