Private life

Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

JUDGMENT Bagirov v. Azerbaijan  25.06.2020 (no. 81024/12 and 28198/15) see here  SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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Collection and retention by police of non sensitive personal data of a criminal did not violate the right to privacy

JUDGMENT Ρ.Ν. v. Germany  11.06.2020 (no. 74440/17) see here   SUMMARY Personal data and police investigation. The applicant had previously been convicted of several serious offenses. A criminal prosecution was ordered again for accepting and disposing of the proceeds of crime, and the police issued an order to collect photographs of the applicant and fingerprints […]

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Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

JUDGMENT Z v. Bulgaria 28.05.2020  (no.  39257/17) see here  SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

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Disclosure of being HIV positive in a military service exemption certificate breached privacy rights

JUDGMENT P.T. v. The Republic of Moldova 26.05.2020  (no. 1122/12) see here  SUMMARY The case concerned disclosure of the applicant’s HIV positive status in a certificate exempting him from military service. He complained that he had had to show the certificate when renewing his identification papers in 2011 and in certain other situations, such as […]

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The trial regarding a case of rape that took place behind closed doors did not violate the defendant’s right to a fair trial. Victim’s protection from second victimization

JUDGMENT Mraović v. Croatia 14.05.2020 (no. 30373/13) see here SUMMARY The case concerned a balancing of the applicant’s right to a public hearing in proceedings against him on charges of rape and the victim’s right to the protection of her private life. The European Court of Human Rights held, by six votes to one, that […]

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Legal eviction violates the right to family life if the way in which it is carried out does not take into account the consequences and the peculiarities of those who are evicted

JUDGMENT Hirtu and others v. France  14.05.2020 (no. 24720/13) see here SUMMARY The case concerned the clearance of an unauthorised encampment where the applicants, who are of Roma origin, had been living for six months. The Court observed first of all that the circumstances of their forcible eviction and their subsequent living conditions did not […]

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The state’s refusal to grant an immigrant legal status, even that of a stateless person, violated his private life.

JUDGMENT Sudita Keita v. Hungary 12.05.2020 (no. 42321/15) see here SUMMARY Unlawful legal situation and consequences in his private life. The applicant, of non-native, Somali and Nigerian descent, entered Hungary in 2002. His efforts to determine his legal status were unsuccessful. He was recognized as a stateless person only in 2017 and only because in […]

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Erotic videos coming from a hidden camera of a journalist with her partner on the internet. Description of her as ” Cicciolina” from a newspaper. Rejection of her lawsuit. Violation of her private life

JUDGMENT Khadija Ismayilova v. Azerbaijan 07.05.2020 (n.3)  (application no. 35283/14) see here SUMMARY The applicant is a well-known journalist. She writes mainly articles criticising the government for its policies. Erotic videos were posted on the internet with the journalist and her partner taken with a hidden camera. As a result of these videoa, a journalist […]

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Red card to Platini from Strasbourg! The penalty imposed on him was proportional

JUDGMENT Platini v. Switzerland 05.03.2020 (no. 526/18) see here SUMMARY The case concerned Michel Platini, a former professional football player, president of UEFA and vice-president of FIFA. Disciplinary proceedings had been brought against him in respect of a salary “supplement” of 2 million Swiss francs (CHF), received in 2011 in the context of a verbal […]

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