ECHRCaseLaw

Forced Expropriation. The critical time for determining the final value of an expropriation compensation unit is the time the discussion takes place where the substance of the case is being investigated in court.

JUDGMENT Tsigaras v. Greece 14-11-2019 (no. 12576/12) see here  SUMMARY  Without the payment of a reasonable amount of compensation proportionate to the value of the expropriated property, deprivation of property is generally an excessive violation of the right to peaceful enjoyment. The appropriateness of the compensation would be reduced if it were to be paid […]

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The violent arrest and beating of her father by the police in front of the eyes of the nine-year-old daughter constitutes inhuman and degrading treatment against the minor!

JUDGMENT Α. v. Russia 12.11.2019 (no.  37735/09) see here SUMMARY The case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The Court found that the applicant’s allegations were credible, but that the authorities’ only response had been to carry […]

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The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no.  72916/10) see here  SUMMARY  Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

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Risk of torture for an Afghan citizen who converted to Christianity if expelled to his country of origin. His return would constitute a violation of Article 3 of the ECHR.

JUDGMENT Α.Α. v. Switzerland 5/11/2019 (no.  32218/17) see here   SUMMARY  Asylum, fear of persecution, torture, religion. The applicant, an Afghan citizen, arrived in Switzerland and applied for asylum on the grounds of persecution in his country of origin if he returned because he had converted to Christianity. His application was rejected and in the appeal, the domestic […]

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Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

JUDGMENT Porchet v. Switzerland  7.11.2019 (no.  36391/16) see here SUMMARY  The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

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Failure to examine the defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no.  36226/11) see here  SUMMARY  The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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Freedom of expression also protects articles about professional matters that are not of public interest

JUDGMENT Herbai v. Hungary 05.11.2019 (no. 11608/15) see here SUMMARY  Web site articles for professionals and freedom of expression. Dismissal of the applicant from his job in the Human Resources Department due to his article on a website dealing with human resources issues. The Court found in particular that the national courts had not sufficiently […]

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Failure to examine defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated the freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no. 36226/11) see here SUMMARY The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination

JUDGMENT Baralija v. Bosnia and Herzegovina 29.10.2019 (no.  30100/18) see here  SUMMARY  The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination. Right to vote – stand for election, legal void, democratic legitimacy. The applicant, a resident of the Mostar […]

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ECHRCaseLaw

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