Private life

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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The unjustified decision to secretly surveil telephone conversations violated the right to respect for privacy and correspondence

JUDGMENT  Liblik and others v. Estonia 28.05.2019 (no. 173/15, 181/15, 374/15, 383/15, 386/15 and 388/15) see here   SUMMARY  Surveillance of phone conversations. The applicants were accused of high-level corruption. The Inter-Criminal Tribunal had been instructed by the Homeland Security Service to monitor the telephone conversations of the three applicants. Their interference with privacy and correspondence […]

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The Court decides not to return the children to their father because of domestic violence. Complete contradiction with the rationale of national courts.

JUDMENT  O.C.I. and others v. Romania 21.05.2019 (no. 49450/17) see here SUMMARY  Domestic violence. Abuse of children by their father in the past. The mother took the children to her home country of Romania and did not return to Italy, which was the permanent home of the family and where their Italian father lived. The […]

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Home visit to inspect building work in the occupier’s absence and without his permission breached the Convention

JUDGMENT  Halibi v. France 16.05.2019 (no. 66554/14) see here SUMMARY Protection of  residence  from arbitrary inspections. Inspection in a building under construction, by building inspectors according to the Spatial Planning Code. The apartment  was inspected and the officials drew up a report noting a number of constructions which were at variance with the building permit and prior […]

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ECHRCaseLaw

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