Persons Category

Failure of the authorities to take measures to implement court decisions on father-son communication. Violation of the right of respect for family life

JUDGMENT Tóth v. Hungary 19.10.2023 (app. no. 8324/18) see here SUMMARY After the dissolution of the applicant’s marriage with the child’s mother, the father’s contact with the child was determined by private agreement. However, the mother breached the agreement by interrupting the child’s summer vacation with the father in August 2016. In subsequent meetings that […]

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Removal of migrants with vulnerable children to an unsafe third country from which they did not come from and had no ties to. Degrading treatment and violation of the 4th Protocol

JUDGMENT S.S. and others v. Hungary 12.10.2023 (app. no. 56417/19 and 44245/20) see here SUMMARY The applicants are two families with young children, nationals of Yemen and Afghanistan respectively. They tried to enter Hungary via the airport, traveling from Istanbul, and presented themselves to border guards with fake passports. Due to the use of forged […]

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Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY  Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

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Unwarranted and unannounced use of pepper spray by prison guards on a prisoner! Conviction for inhuman and degrading treatment

JUDGMENT El–Asmar v. Denmark  03.10.2023 (app. no. 27753/19) see here SUMMARY The applicant had a violent past, which included robberies, violence and threats. On March 24, 2017, he was arrested, charged with violating the Arms and Explosives Act and held in a local jail. On 6 April 2017, through his lawyer, the applicant complained to […]

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4-month delay in the execution of a court decision granting accommodation to an asylum seeker. Violation of due process

JUDGMENT Camara v. Belgium 18.07.2023 (app. no. 49255/22) see here SUMMARY The case concerned an applicant for international protection who complained that he had been left without accommodation in Belgium, between July and November 2022, despite the decision by which the Brussels French-Language Employment Tribunal had ordered the Belgian State to grant him material assistance […]

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Double denial of an asylum application to a foreigner and his deportation. Allegations of his imminent murder are not credible. No violation of the ECHR was found

JUDGMENT Α.Α. v. Sweden 13.07.2023  (app. no. 4677/20) see here SUMMARY The case concerned the refusal of the applicant’s 2015 asylum claim and the order to deport him to Libya. The Court concluded that the applicant’s removal would not be in violation of either Article 2 (right to life) and/or Article 3 (prohibition of inhuman […]

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Dismissal of Supreme Court Judge for not justifying the acquisition of property and not declaring his previous criminal involvement. Violation of a fair trial because he was not given an opportunity to defend himself

JUDGMENT Thanza v. Albania 04.07.2023 (app. no. 41047/19) see here SUMMARY The case concerned the vetting of the applicant by the authorities, which had resulted in his dismissal from his post as a Supreme Court judge. The Court found in particular, as regards Article 6, that Mr Thanza had not been given an adequate opportunity […]

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οικογενειακή ζωή

Refusal of family reunification request for aliens who received assistance from social welfare. Violation of family life

JUDGMENT B.F. and others v. Switzerland 04/07/2023 (app. no. 13258/18, 15500/18, 57303/18 and 9078/20) see here SUMMARY The applicants entered Switzerland at different points in time between 2008 and 2012 and were recognised as refugees within the meaning of the 1951 United Nations Convention relating to the Status of Refugees. They were granted provisional admission […]

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