Private life

The failure to execute the sentence of imprisonment for a perpetrator of sexual assault and the granting of amnesty in his favor, were incompatible with the positive obligations of the state according to the ECHR.

JUDGMENT E.G. v. Republic of Moldova 13.04.2021 (app. no. 37882/13) see here SUMMARY The case concerned a sexual assault on the applicant in February 2008, and in particular the failure to enforce the sentence imposed on one of her three attackers. The offender in question had been granted an amnesty while the authorities were still […]

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Refusal to entrust custody of a child to the biological father who had not developed a meaningful relationship with his child. Non-violation of the right to respect of the family life

JUDGMENT Pavel Shishkov v. Russia 02.03.2021 (app. no.  78754/13) see here SUMMARY Child out of wedlock. Child custody. Lawsuit for custody by the estranged father. Right to respect for family life and best interests of the child. The plaintiff father claimed custody of his underage daughter whom he had after an extramarital affair. His daughter, […]

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Rape, sexual abuse and prostitution of a 14-year-old. Degrading treatment in court by the accused! Turkish court ruling on the consent of the minor is unacceptable! Condemnation from the Court

JUDGMENT N.Ç. v. Turkey 09.02.2020 (app. no. 40591/11) see here SUMMARY Juvenile victim of prostitution, rape and sexual abuse. Degrading treatment of the victim in the court process by relatives of the accused. Tolerance of the domestic court. Violation of Article 3 and respect for privacy (Article 8). The case concerned shortcomings in the criminal […]

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Hate speech and anti-Semitic comments from a Member of the Parliament. Conviction for prohibited discrimination and breach of privacy!

JUDGMENT Behar and Gutman v. Bulgaria 16.02.2021 (app. no. 29335/13) see here SUMMARY Anti-Semitic speech of a politician. Limits on freedom of expression for Members of Parliament and the balance between the right to respect for privacy and the prohibition of all racial discrimination. The two plaintiffs’ lawsuit against a politician for comments made during […]

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Deportation of a foreigner for committing serious crimes against sexual freedom. Non-violation of the right to respect for family life

JUDGMENT J.Α. v. Switzerland 22.12.2020 (app. no. 6325/15) see here SUMMARY Deportation of a foreigner who committed serious crimes. Family ties in the host country. Proportionality of intervention. The action concerned the deportation of a Spanish national from Switzerland to Spain. The applicant had resided legally in Switzerland for a number of years, and had […]

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Offensive public statements of a politician against Roma saying that they were criminals, thieves, rapists, torturers! Violation of respect for their privacy

JUDGMENT Budinova and Chaprazov v. Bulgaria 16.02.2021 (app. no. 12567/13) see here SUMMARY Ethnic discrimination, Roma and the right to respect for privacy. A politician in Bulgaria made public statements on a TV channel that were derogatory to Roma living in Bulgaria. The politician, among other things, stated that he intends to clean the country […]

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Violation of professional privacy of a lawyer – client through mobile phone data. Non-legislative provision for its protection. Violation of the right to respect of the correspondence

JUDGMENT Saber v. Norway 17.12.2020 (app. no. 459/18) see here SUMMARY Protection of mobile phone data relating to professional secrecy between a lawyer and a client. Right of respect for correspondence. Seizure and copying of the applicant ‘s mobile phone data for clarification of a criminal offense. In an investigation into an attempted murder of […]

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The obligation of a person unfit for military service due to health reasons to pay an exemption tax from the army was discriminatory. Violation due to discrimination!

JUDGMENT Ryser v. Switzerland 12.1.2021 (app. no. 23040/13) see here SUMMARY The case concerned Mr Ryser’s liability to the military service exemption tax even though he had been declared unfit for service. The applicant complained of discrimination on the grounds of his state of health. The Court found that Mr Ryser had indeed suffered discriminatory […]

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