Persons Category Archives

Restriction on remand prisoner’s family visits with wife and daughter, in order not to obstruct the criminal investigation! Violation of respect for family life

Article 8
22/03/2023 20:52

JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]

The national courts chose a shorter limitation period for a tort claim. Violation of fair trial

Administrative
21/03/2023 20:42

JUDGMENT BRĂDEAN AND OTHERS v. ROMANIA 21.03.2023 (app. no. 21680/18) see here SUMMARY Tort action. One year limitation period for tort claim. Shorter limitation period of one year instead of the general three-year limitation period. Right of access to a court and fair trial. In 2003 the applicants, who were employees of the Ministry of […]

Failure of the authorities to implement a court’s judgment, setting out contact arrangements between the applicant and his daughter. Violation of respect for family life

Article 8
20/03/2023 22:22

JUDGMENT DUBAS v. UKRAINE 09.03.2023 (app. no. 51222/20) see here SUMMARY Failure of the authorities to implement a judgment given by the Kyiv Court of Appeal on 12 July 2018, setting out contact arrangements between the applicant and his daughter, who was born in 2013 and had been living separately from him since July 2016. […]

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

1st P - Article 2
19/03/2023 18:49

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

denial of a journalist’ s request to access and report on living conditions in reception centres for asylum-seekers. Violation of freedom of expression

Article 10
17/03/2023 20:46

JUDGMENT ERDÉLYI v. HUNGARY 09.03.2023 (app. no. 9720/17) see here SUMMARY Domestic authorities’ denial of a request made by the applicant to access and report on living conditions in reception centres for asylum-seekers. On 27 July 2016 the applicant lodged a request for authorisation from the Office of Immigration and Nationality to enter and make […]

Unreasonable delays in the execution of a court decision for contact between father and daughter. Violation of respect for family life

Article 8
16/03/2023 18:06

JUDGEMENT HORVATOVICH v. HUNGARY 09.03.2023 (app. no. 12141/16) see here SUMMARY Failure of the Hungarian authorities to enforce decisions in relation to his contact rights with his daughter. The applicant’s marriage with A. was dissolved and the national courts approved the parties’ agreement about custody rights concerning the couple’s daughter, B. The Budapest Guardianship Authority” […]

The interference with the detainee’s letter to his lawyer by prison authorities violated the right of respect for privacy and correspondence

Article 8
07/03/2023 14:20

JUDGMENT KARATAY v. TÜRKİYE 07.03.2023 (app. no. 28377/11) see here SUMMARY The applicant complained of the violation of his rights protected by the Convention and its Protocols, because of restrictions imposed on him, which stemmed from a prison sentence imposed on him for having intentionally committed an offence. Regarding the alleged violation of article 6 […]

Activist mistreated in detention center. Arbitrary extension of the applicant’s detention. Violation of right to personal freedom

Article 5
06/03/2023 21:50

JUDGEMENT AYYUBZADE v. AZERBAIJAN 02.03.2023 (app. no. 6180/15) see here SUMMARY Arrest and pre-trial detention of an opposition activist. On several occasions during his detention, the applicant was handcuffed for allegedly breaching the disciplinary rules. He also participated in an unauthorised demonstration against bureaucratic injustices. Shortly after it had started, the demonstration was dispersed by […]

Non-refundable stamp duty for judicial distribution of real estate.

Article 6
04/03/2023 15:36

JUDGMENT STOENESCU v. ROMANIA 28.02.2023 (app. no. 14166/19) see here SUMMARY Domestic courts’ dismissal of applicant’s claim for reimbursement of and/or exemption from further payment of court fees in respect of action dismissed before trial after out-of-court settlement. On 9 April 2012 the applicant and M.S. divorced, after several years of marriage. The applicant brought […]

The acceptance of statements obtained by police mistreatment as evidence renders the process unfair, regardless of whether their use was decisive for the conviction of the accused!

Article 3
03/03/2023 14:44

JUDGMENT TRACHUK v. UKRAINE 02.03.2023 (app. no. 24413/13) see here SUMMARY The case concerns allegations, under Article 3 and Article 6 § 1 of the Convention, that the applicant was ill-treated by officers of the Kramatorsk police, that her relevant complaint was not properly investigated and that her testimony given as a result of the ill-treatment was used […]

Persons Category