Private life

The publication of photographs in a magazine of the residences of a former German Minister and the freedom of expression of the press.

JUDGMENT  Karl-Theodor zu Guttenberg v. Germany 18.07.2019 (no. 14047/16) see here SUMMARY  Publication of residence photos of the family of the former German Minister. The Cologne Court of Appeal ruled that this publication did not just satisfy the public’s curiosity about the privacy of the applicant politician and his family but was related to the issue […]

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Inability of wheelchair user to access specific cinema in Geneva did not breach Convention protection of private life

JUDGMENT Glaisen v. Switzerland 18.07.2019 (no. 40477/13) see here SUMMARY  Person with disabilities.  Right of access to the cinema. Inability of a paraplegic wheelchair user notto gain access to a cinema in Geneva. The Court held that Article 8 (right to respect for private and family life) could not be interpreted as requiring access to […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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The state has taken adequate measures to investigate allegations of child sexual abuse. No violation of the ECHR.

JUDGMENT  Α and Β v. Croatia 20-06-2019 (no. 7144/15) see here SUMMARY  Complaint about inaction by the Croatian authorities in allegations of sexual abuse of children. The Court noted that the authorities had taken measures to address conflicting claims of a situation involving complaints from a mother about the sexual abuse of her child by […]

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Permanent video surveillance of prisoners in their cells. Violation of their privacy.

JUDGMENT Gorlov and others v. Russia 02.07.19 (no. 27057/06 and 2 others) see here   SUMMARY Permanent video surveillance of prisoners in their cells with closed camera circuits. The Court found in particular that the internal legal framework on permanent video surveillance was not sufficiently clear, precise and detailed to provide adequate protection against arbitrary interference […]

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Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here  SUMMARY  Road  traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed  heavily into the back of his car shunting it, into the back of a parked  military lorry. He suffered serious injuries and […]

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New born with permanent mental disability. Condemnation from the Court for ineffective investigation of any medical malpractice.

JUDGMENT Ulusoy v. Turkey 25.06.2019  (no. 54969/09) see here SUMMARY  Medical negligence and state responsibility. Insufficient and ineffective research to detect medical negligence in the prenatal process and the process of delivery. Implementation of Article 8 on matters relating to the protection of the moral and physical integrity of individuals in the context of healthcare […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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Home birth. Legislative ban on medical assistance at planned home birth. No violation of private life

JUDGMENT Kosaitė – Čypienė and others v. Lithuania 04-06-2019 (no. 69489/12) see here SUMMARY Home births. The applicants, four women, had unsuccessfully requested that the Ministry of Health amend the legislation that prohibited medical professionals from assisting in home births. The Court found that Lithuania had struck a fair balance between the interests involved: namely, […]

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The Court refused to protect the privacy of communications of an employee who harassed his girlfriend by sharing her photos with others via e-mails and messages!

JUDGMENT  Garamukanwa v. United Kingdom 06.06.2019 (no. 70573/17) see here  SUMMARY  Protection of correspondence and privacy. Harassment of a woman by sharing her photos through e-mails and messages to third parties by the applicant. Dismissal of the applicant from the National Health Service after a harassment investigation based on photos found on his iPhone and […]

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ECHRCaseLaw

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