Property

Loss of property due to illegal title. Bad faith pwner. Non violation of the right to respect of property

JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here  SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]

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Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

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Cancellation of purchase and sale due to a state authorities error. Violation of the right to respect of property

JUDGMENT Arzamazova v. Democracy of Moldova 04.08.2020 (app. no, 38639/14) see here SUMMARY Cancellation of building purchase and sale and peaceful enjoyment of property. Cancellation of the purchase and sale of a building on the grounds that it belonged to the public sector. A refund was ordered to the applicant, but the courts ruled that […]

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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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Rejection of an appeal due to the time limit. The time limit must start from the knowledge of the adverse consequences of the decisions under appeal. Violation of access to court

JUDGMENT Gros v. Slovenia 07.07.2020 (app. no.  45315/18) see here   SUMMARY Right of access to a Court and procedural deadlines. The case concerned his complaint of having been denied access to a court to challenge municipal decisions to classify paths crossing his land as “public roads”.The Constitutional Court dismissed his appeal as out of time. […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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ιδιοκτησία

The non-implementation of court decisions by the tax authorities violated the right to property of the taxpayer. The ECtHR calls for immediate enforcement of decisions and threatens with compensation

JUDGMENT Maria Mihalache v. Romania 30.06.2020  (app. no. 68851/16) see here  SUMMARY Right to property, public interest and enforcement of court decisions. The applicant was charged with tobacco smuggling. The tax authorities imposed a huge fine and signed a mortgage on her property. The prosecutor filed the case due to lack of criminal liability. The Administrative […]

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Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

JUDGMENT Covalenco v. the Republic  of Moldova  16.06.2020 (no. 72164/14) see here   SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

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Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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ECHRCaseLaw

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