Private life

First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

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Τhe expulsion decision of an alien must take into account the principle of proportionality, including behavioral change, health deterioration, and family ties that have developed. Breach of private and family life from Switzerland

JUDGMENT Ι.Μ. v. Switzerland 09-04-2019 (no. 23887/16) see here SUMMARY Deportation decision of the applicant’s Swiss authorities, a Kosovo national following his conviction for rape. The applicant, with an 80% disability, currently lives in Switzerland with his adult children, of whom he is fully dependent. The European Court of Human Rights found in particular that […]

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The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

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The domestic courts’ refusal to impose liability on an Internet forum for anonymously posted comments was not in breach of Article 8

JUDGMENT Høiness v. Norway 19.03.2019 (no. 43624/14) see here SUMMARY The case concerned the domestic courts’ refusal to impose civil liability on an Internet forum host after vulgar comments about Ms Høiness had been posted on the forum. The Court found in particular that the national courts had acted within their discretion (“margin of appreciation”) […]

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Insufficient and ineffective investigation of allegations of rape violated the privacy of the victim and constituted degrading treatment

JUDGMENT E.B. v. Romania 19.03.2019 (no. 49089/10) see here SUMMARY The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights. The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the […]

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Legislation that allows with no suspicion the interrogation of a passenger up to 9 hours and an obligation to answer the questions of the authorities without being detained and without the presence of a lawyer violates the respect for his private life

JUDGMENT Beghal v. United Kingdom 01.03.2019 (no.4755/16) see here SUMMARY The case concerned the use of counter-terrorism legislation giving immigration officers the power to stop, search and question passengers at ports, airports and international rail terminals. The applicant, Sylvie Beghal, had been stopped and questioned at East Midlands Airport in 2011. The Court found that the […]

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The expulsion of a Moroccan national living in Italy for 20 years on grounds of public order protection has not infringed his family or private life

JUDGMENT Narjis v. Italy 14.02.2019 (no.57433/15) see here SUMMARY The case concerned the Italian authorities’ refusal to renew the residence permit of a Moroccan national (Mr Narjis) who had lived in Italy for 20 years, on the grounds that he posed a danger to society, and his expulsion to Morocco. The Court decided to examine Mr […]

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The unilateral presentation of a private commercial activity of a Parliamentary election candidate has violated his privacy and is not protected by the freedom of expression

JUDGMENT  Prunea v. Romania 08.01.2019 (no. 47881/11) see here SUMMARY  Freedom of expression and protection of privacy. Defamation of a Parliamentary election candidate through allegations that he has not repaid a loan he received for his election campaign. Compensation for damages from national courts. No violation of the freedom of expression, since the applicant did not […]

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The obligation of a spouse to give testimony to a criminal case in which his wife was a “special witness”, a stage ie before being characterised as a suspect, is contrary to the right to the protection of family life

JUDGMENT Kryževičius v. Lithuania 11.12.2018 (no. 67816/14) see here SUMMARY Witness against his wife. The applicant’s refusal to testify as a witness in a case where his wife was a “special witness”, a witness being investigated regarding her own potential criminal activity. Imposition of a fine for the refusal to testify and an inability of […]

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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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