Private life Archives

Dismissal of Supreme Court Judge for not justifying the acquisition of property and not declaring his previous criminal involvement. Violation of a fair trial because he was not given an opportunity to defend himself

Administrative
06/07/2023 20:17

JUDGMENT Thanza v. Albania 04.07.2023 (app. no. 41047/19) see here SUMMARY The case concerned the vetting of the applicant by the authorities, which had resulted in his dismissal from his post as a Supreme Court judge. The Court found in particular, as regards Article 6, that Mr Thanza had not been given an adequate opportunity […]

Imposing a 300-day waiting period only on women in order for them to remarry after divorce violated their right to privacy!

Article 12
30/06/2023 19:01

JUDGMENT Nurcan Bayraktar v. Turkey 27.06.2023 (app. no. 27094/2020) see here SUMMARY The case concerned the legal obligation for divorced women to observe a 300-day waiting period before remarrying – to someone other than their ex-husband – unless they could prove they were not pregnant by undergoing a medical examination. The Court held that imposing […]

Recommendation and a strict police warning to the husband not to approach and harass his wife, without sufficient evidence. Invasion of privacy

Article 8
26/06/2023 19:57

JUDGMENT Germano v. Italy 22.06.2023 (app. no. 10794/12) see here SUMMARY The case concerned a police caution (ammonimento) issued against Mr Germano at his wife’s request in 2009 after she had left him and when she complained that he was harassing and intimidating her. The caution warned the applicant to obey the law and not […]

Homophobic statements by politicians and failure of the state to protect the rights of the LGBTI community. Violation of the right to privacy. Prohibited discrimination

Article 14
01/06/2023 18:52

JUDGMENT Nepomnyashchiy and others v. Russia 30/05/2023 (app. no. 39954/09 and 3465/17) SUMMARY Homophobic statements by politicians against the LGBTI community. Right to privacy and prohibited discrimination. The applicants are gay activists, members of the LGBTI community of Russia. Two famous politicians publicly made racist statements against LGBTI people in the press, specifically “Tolerance? Damn […]

Revocation of a long-term resident’s residence permit and imposition of a 10-year entry ban due to delinquent behavior, despite his progress in detention. Violation of privacy

Article 8
30/05/2023 19:31

JUDGMENT AZZAQUI v. the Netherland 30.05.2023 (app. no. 8757/20) see here SUMMARY The applicant, a Moroccan national, entered the Netherlands in 1982 at the age of 10 and was granted a permanent residence permit. Between 1987 and 1996 he was convicted of several criminal offenses and served several prison terms. In 1996 he was convicted […]

Refusal to grant a pensioner’s residence permit to an 83-year-old. Violation of the right to respect for privacy

Article 8
17/05/2023 19:28

JUDGMENT Ghadamian v. Switzerland 09.05.2023 (app. no. 21768/19) see here SUMMARY The case concerned the order for the applicant’s expulsion from Switzerland following the Federal Supreme Court’s refusal in 2018 to grant him a residence permit for pensioners, on the grounds that he had been unlawfully resident in the country since 2002 and had a […]

Abusive and arbitrary behavior during the search of a company by the Competition Commission. Violation of respect of the residence

Article 6
23/04/2023 18:14

JUDGMENT UAB Kesko Senukai Lithuania v. Lithuania 04.04.2023 (app. no. 19162/19) see here SUMMARY The applicant, UAB Kesko Senukai Lithuania, is a company based in Kaunas (Lithuania). It is mainly involved in retail. In April 2018 the Lithuanian Competition Council launched an investigation into suspected price fixing by six retailers, including Kesko Senukai Lithuania, in […]

Denial of legal recognition of the new gender identity due to non-submission to surgery! Invasion of privacy

Article 14
18/04/2023 19:10

JUGMENT Csata v. Romania 18.04.2023 (app. no. 65128/19) see here SUMMARY Denial of legal recognition of the applicant’s gender identity. The applicant was born a man, but from a young age identified herself as a woman. On 10 October 2016 she submitted an application to the Regional Court of Timisoara requesting to be allowed to […]

Advisory opinion on the procedural status and rights of the biological parent in adult adoption proceedings

Article 6
17/04/2023 18:21

Advisory opinion regarding Finland 13.04.2023 (P16-2022-001) The background to the case and the domestic proceedings The advisory opinion requested relates to a case pending before the Supreme Court of Finland with regard to the adoption of an adult. The adoption concerns C, born in 1993. For the first four years of his life his primary […]

Suspension of duties for a prosecutor even after his irrevocable criminal discharge! Violation of respect for his private life

Article 6
07/04/2023 19:04

JUDGMENT Gashi and Gina v. Albania 04.04.2023 (app. no. 29943/18) see here SUMMARY The case concerned a criminal investigation into the applicants on suspicion of irregularities related to their declaration of assets and financial interests over the years, and their suspension from their positions as prosecutors as required by the relevant legislation. The Court found […]

Private life