Private life

Newspaper article about debts to the State of the President of the Olympic Committee and multimillionaire! The rejection of the defamation lawsuit did not violate privacy!

JUDGMENT Țiriac v. Romania 30.11.2021 (app. no. 51107/16) see here SUMMARY The case concerned an allegedly defamatory press article about Mr Țiriac, and the court proceedings that followed. The Court found in particular that as the article had been a mixture of value judgment and supported factual statements, had had no discernible negative effect on […]

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The deportation of an alien dangerous to the public order and his banning from entering to France. No violation of the right to family life

JUDGMENT Ngumbu Kikoso v. France 25.11.2021 (app. no. 21643/19) see here SUMMARY The case concerned an order for the applicant’s deportation and exclusion from France, imposed in addition to the applicant’s six-month prison sentence for possession and use of falsified administrative documents. The Court found that the domestic courts had been entitled legitimately to consider, […]

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The non-issuance of a residence permit and the deportation of a foreigner did not violate his private and family life! Judicial review of proportionality

JUDGMENT Melouli v. France 25.11.2021 (app. no. 42011/19) see here SUMMARY The case concerned a refusal to grant the applicant a permit to reside in France, together with an order to leave the country. The Court first noted that the Administrative Court and the Administrative Court of Appeal had expressly carried out, under Article 8 […]

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Lack of procedural guarantees for the protection of a lawyer’s personal data. Violation of Article 8 of the ECHR

JUDGMENT Särgava v. Estonia 16.11.2021 (app. no. 698/19) see here SUMMARY Confiscation of a lawyer’s personal belongings. The lawyer and the mobile phone of the applicant, a lawyer, were confiscated from his house and car and then examined by the authorities in the context of a criminal investigation. The applicant’s judicial attempts to declare the […]

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Return of child to Thailand, ordered by Switzerland in international child abduction case, did not violate the Convention

JUDGMENT S.Ν. and Μ.Β.Ν. v. Switzerland 23.11.2021  (app. no. 12937/20) see here SUMMARY The case concerned the return of the daughter (M.B.N.) of the first applicant (S.N.) to Thailand (where the father, a French national, lives) ordered by the Swiss courts in an international child abduction case. The Court found that, in proceedings which had […]

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Eviction from the applicant’s only residence without examining the proportionality of the intervention! Violation of the right to housing

JUDGMENT Ahmadova v. Azerbaijan 18.11.2021 (app. no. 9437/12) see here SUMMARY Loss of residence through eviction. The most extreme form of interference with the right to respect for one’s home. The case concerned an order for the demolition of the applicant’s residence and the eviction of her and her daughter, without payment of compensation. The […]

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Romania needs to reform its legislation on the legal guardianship of the mentally deficient. Violation of privacy

JUDGMENT Ν. v. Romania 16.11.2021 (no. 2) (app. no. 38048/18) see here SUMMARY The case concerned proceedings in which the domestic courts, basing their decisions mainly on medical expert opinions, divested the applicant of his legal capacity and placed him under the full authority of a legal guardian. It also concerned the manner in which […]

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Dismissal of a judge because he benefited a party and was not impartial! Non-violation of respect for his privacy

JUDGMENT Donev v. Bulgaria 26.10.2021 (app. no. 72437 /11) see here SUMMARY The case concerned disciplinary proceedings to dismiss the applicant, a judge and a court president. He complained, in particular, that the Supreme Judicial Council (SJC) and the Supreme Administrative Court had not satisfied the requirements of independence and impartiality set out in Article […]

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Deadly military torture. Incomplete investigation and delayed return of the body! Violations of the right to life and the prohibition of torture!

JUDGMENT Petrosyan v. Azerbaijan 04.11.2021 (app. no. 32427/16) see here SUMMARY  Military death, torture and inadequate investigation. Violations of Articles 2 and 3 of the ECHR. The son of the applicant, a military man, crossed the border into Azerbaijan in August 2014 and was arrested by the armed forces. He died while in captivity. The […]

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