Private life

φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no.  17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

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απαλλοτρίωση

The demolition of a house that was knowingly constructed in a forest area, did not violate the right to privacy

JUDGMENT Kaminskas v. Lithuania 04.08.2020 (app. no. 44817/18) see here SUMMARY Demolition of a house in a forest area and protection of the environment. Right to privacy. Court decision for demolition of an illegal building of the applicant, who built it in a forest area, knowing the forest character of the property. The applicant’s situation […]

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Widow’s request for exhumation and transfer of her husband’s body to another country. Failure to consider the request violated private and family life

JUDGMENT Drašković v. Montenegro 09.06.2020 (app. no. 40597/17) see here  SUMMARY The case concerned the applicant’s wish to have her husband’s remains removed from Montenegro to Bosnia and Herzegovina, which another member of the family refused to allow. The Court found in particular that such a dispute fell to be examined under both the private […]

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Deprivation of citizenship due to terrorism-related offenses did not violate the right to privacy

JUDGMENT Ghoumid and others v. France  25.06.2020 (app. 52273/16, 52285/16, 52290/16, 52294/16 and 52302/16) see here SUMMARY The case concerned five individuals, formerly having dual nationality, who were convicted of participation in a criminal conspiracy to commit an act of terrorism. After serving their sentences they were released in 2009 and 2010, then stripped of […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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The condition of adoption as recognition of the legal relationship between mother and child, born of a surrogate mother, does not constitute discrimination or violation of privacy.

JUDGMENT D. v. France 16.07.2020 (app. no.  11288/18) see here   SUMMARY  The case concerned the refusal to record in the French register of births, marriages and deaths the details of the birth certificate of a child born abroad through a gestational surrogacy arrangement in so far as the certificate designated the intended mother, who was […]

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The lack of access of a transgender Iranian to a gender recognition process, because his / her registration certificate had not been issued in the country where he / she lived, violated his / her privacy.

JUDGMENT Rana v. Hungary 16.7.2020 (no. 40888/17) see here  SUMMARY The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not […]

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Rejection of a transgender’s request for a change of his name and gender. Violation of the right to privacy

JUDGMENT Y.T. v. Bulgaria 09.07.2020  (no. 41701/16) see here  SUMMARY The case concerned a transsexual (Y.T.) who had taken steps to change his physical appearance and whose request for (female to male) gender reassignment had been refused by the Bulgarian courts. He claimed that he had become aware of his male gender identity during adolescence […]

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