Private life

The lack of a statement of reasons for judicial decisions and the non-judicial investigation of complaints concerning individual and family life constitute a violation of Article 8 of the ECHR!

JUDGMENT A.T. v. Estonia 13.11.2018 (no. 23183/15) see here SUMMARY  Reasoning of court rulings. Judicial examination of allegations of violation of private and family life. The role of the courts. Visits of a dangerous patient in a hospital with handcuffs and legs. The ECtHR considered that because of his  history (violent, aggressive, etc.) handcuffing did […]

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Individual’s right to respect for reputation infringed by court judgment on harassment case against local authority

JUDGMENT  Vicent Del Campo v. Spain 6.11.2018 (no. 25527/13) see here SUMMARY The case concerned a domestic judgement which named Mr Vicent Del Campo as having harassed a work colleague, although the defendant in the case was actually his local authority employer. The Court found in particular that there had been no good reason to […]

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Ρομά

Attacks against Roma by members of the local community. Failure to take appropriate protective measures by the police and inadequate investigation have violated the ECHR.

JUDGMENT Burlya and others v. Ukraine 6.11.2018  (no. 3289/10) see here SUMMARY Expulsion and pillage of a Roma village in Ukraine. Lack of measures to protect homes and no objective explanation of the facts. The passivity of the police during the attack, coupled with the village council resolution on the persecution of the Roma community, […]

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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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Violent, intimidating and threatening journalistic attack on authors of the report regarding minority rights. Violation of privacy.

JUDGMENT Kaboğlu and Oran v. Turkey 30.10.2018 (no. 1759/08, 50766/10 and 50782/10) see here SUMMARY Official university report on the problems faced by minorities in Turkey. Journalists attacked the authors of the above report, using hate speech and incitement to violence with phrases such as “spilling blood”, “if we had beaten these people, people would […]

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The re-seizure of business related items which were handed over to the applicant’s lawyer before the latter could communicate with him did not provide sufficient guarantees against arbitrariness.

JUDGMENT Visy v. Slovakia 16.10.2018 (no.  70288/13) see here SUMMARY Investigation and confiscation of items without a legal warrant. The items were returned to the applicant’s lawyer and subsequently confiscated with a new warrant. The re-seizure of business objects, including legal documents protected by the client-client privacy relationship, which were returned to the lawyer rather […]

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Self determination of transgender persons regarding the name choice. Justice from the Court

JUDGMENT S.V. v. Italy 11.10.2018 (no. 55216/08) see here   SUMMARY The case concerned the Italian authorities’ refusal to authorise a transgender person with a female appearance to change her male forename, on the grounds that no final judicial ruling had been given confirming gender reassignment. In May 2001 the Rome District Court authorised S.V. to […]

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No breach of woman’s rights in home birth case, but Court calls on Croatia to regulate legislation more clearly

ΑΠΟΦΑΣΗ Pojatina v. Croatia 04.10.2018 (no.  18568/12) see here   SUMMARY The case concerned Croatian legislation on home births. The applicant in the case is a mother who gave birth to her fourth child at home with the help of a midwife from abroad. She alleged in particular that, although Croatian law allowed home births, women […]

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Procedural defects in a search of a lawyer’s office: violation of the right to respect for one’s home

JUDGMENT Leotsakos v. Greece 4.10.2018 (no. 30958/13) see here   SUMMARY The case concerned a search of the professional premises of a lawyer (Mr Leotsakos) and the seizure of several items and documents in the framework of a criminal investigation concerning him personally. The Court found in particular that the procedural defects were such that the […]

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