Private life

Temporary detention of an international judge and search of his residence, despite his diplomatic immunity. Violation of privacy and personal liberty

JUDGMENT Aydın Sefa Akay v. Turkey 23.04.2024 (app. no. 59/17) see here SUMMARY The case concerned a UN judge’s arrest and pre-trial detention, as well as the search of his house and person, in the aftermath of the 2016 attempted military coup in Türkiye, in spite of his diplomatic immunity. He was working remotely from […]

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Continued retention of data relating to the applicant’s administrative sanction. Contradictory legislation on this issue. Violation of respect for privacy

JUDGMENT Borislav Kirilov Tonchev v. Bulgaria 16.04.2024 (app. no.  40519/15) see here SUMMARY The applicant, a guard in a detention centre, was dismissed from his job because of an administrative fine imposed on him for driving under the influence of alcohol. The information about the fine had been kept in the police file for 11 […]

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Failure to enforce court orders granting custody violated family life

JUDGMENT Tzioumaka v. Greece 09.04.2024 (app. no. 31022/20) see here SUMMARY Failure to enforce decisions of Greek courts granting the applicant custody of her two children and ordering their father to return them to her. Specifically, during a joint Easter holiday in the applicant’s village, the father, on the pretext that he was taking the […]

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A senior citizen with serious medical conditions received no help from the authorities. Violation of private life

JUDGMENT Toader v. Romania 12.03.2024 (app. no. 22415/22) see here SUMMARY The applicant, a 90-year-old pensioner, lived alone and suffered from serious orthopaedic conditions which made her unable to support herself. Following a visit to the applicant’s home to assess her living conditions and their compatibility with her medical condition, social workers from the local […]

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Failure of the authorities to protect the applicant’s reputation from intense criticism and attacks in the online media. Violation of private life

JUDGMENT Ungur v. Romania 12.03.2024 (app. no. 2156/16) see here SUMMARY Failure of national courts to protect the applicant’s reputation from attacks in the online media. The applicant, who was a well-known businessman and philanthropist in his town, filed a lawsuit against C.A., director of Bistrițeanul.ro (website), accusing him of extortion. Shortly after, Bistrițeanul.ro published […]

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Disclosure to the press of a telephone conversation and storage of personal data in the context of a criminal investigation without the applicant being a suspect! Violation of the right to private life

JUDGMENT Kaczmarek v. Poland 22.02.2024 ( app. no. 16974/14) see here SUMMARY The applicant was the wife of a minister at the time in question. In the context of a criminal investigation into corruption involving her husband, telephone conversations with her husband and son were published in the press. Personal data contained in these conversations […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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Inadequate and ineffective investigation of alleged rape of a tourist. Greece was condemned for violating the respect for privacy and the procedural part of Article 3

JUDGMENT X. v Greece 13.02.2024 (application no. 38588/21) see here SUMMARY The case concerned the applicant’s allegations that the Greek authorities had not carried out an effective investigation into her accusation that she was raped by a hotel bartender in September 2019 when she was 18 years old and on holiday with her mother, and […]

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Disclosure of sensitive personal data of HIV-positive persons following a public prosecutor’s order and without their consent. Violation of private life

JUDGMENT O.G.  and others v. Greece 23.01.2024 (app. no. 71555/12 and 48256/13) see here SUMMARY The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also […]

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A minor was classified as an adult in a migrant camp. Condemnation of Greece for lack of procedural guarantees for age determination and for degrading conditions

JUDGMENT T.K. v. Greece 18.01.2024 (app. no. 16112/20) see here SUMMARY The applicant, upon his arrival at a camp in Samos, was registered as an adult. The applicant claimed that he had produced a copy of a birth certificate where the date of birth proved that he was a minor at the relevant time. However, […]

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