ECHRCaseLaw

Manipulation of shares. The imposition of fine is compatible with the ECHR

JUDGMENT Georgouleas and Nestoras v. Greece 28.5.2020 (no. 44612/13 and 45831/13) see here  SUMMARY Maintaining the proper functioning of the capital market. The plaintiffs as stockbrokers with methodical transactions on the share of the company DΚ, which were all carried out through specific stock exchanges, formed in a methodical way, the price and marketability of […]

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Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

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A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

JUDGMENT Makuchyan and Minasyan v. Azerbaijan and Hungary 26.05.2020 (no. 17247/13) see here  SUMMARY The case  concerned the presidential pardon given to a convicted murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence. R.S., a military officer from Azerbaijan, killed an Armenian military officer and attempted […]

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The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17)  see here   SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

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Failure to provide medical care to detainees constitutes inhumane and degrading treatment.

JUDGMENT Kadagishvili v. Georgia 14.05.2020 ( no. 12391/06) see here   SUMMARY Failure to provide medical care to detainees in accordance with their health problems is inhumane and degrading treatment. Detention of detainees and conditions of a fair trial. The first and third applicants were convicted of money laundering and held in high-security prisons. They […]

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Insufficient investigations into the death of a citizen during a police search. Violation of a procedural part of the right to life

JUDGMENT Jabłońska v. Poland 14.05.202 (no. 24913/15) see here  SUMMARY Proportionality in the use of force by police, effective investigation and the right to life. The applicant’s son was stopped for a routine examination by competent police authorities. He was arrested for carrying two bags of white powder and in an attempt to escape, he […]

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Suspension of of journalist’s parliamentary credentials violates the freedom of expression

JUDGMENT Mándli and others v. Hungary 26.05.2020 (no. 63164/16) see here SUMMARY The case concerned the suspension of the applicants’ Parliament accreditation as journalists. The Court found in particular that the applicants, journalists working for various media outlets, had been reporting on a matter of public interest – alleged illicit payments linked to the National […]

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Disclosure of being HIV positive in a military service exemption certificate breached privacy rights

JUDGMENT P.T. v. The Republic of Moldova 26.05.2020  (no. 1122/12) see here  SUMMARY The case concerned disclosure of the applicant’s HIV positive status in a certificate exempting him from military service. He complained that he had had to show the certificate when renewing his identification papers in 2011 and in certain other situations, such as […]

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A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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Seizure of property of an alleged kidnapped victim, when the victim herself stated that she was not a victim and that there was no kidnapping! Violation of property rights.

JUDGMENT Litvinenko v. Russia 05.05.2020 (no. 84447/17) see here  SUMMARY Seizure of property as part of a criminal investigation by the alleged abducted victim. Authorities seized the applicant’s property, which was allegedly the victim of an abduction from unknown criminals, in order to prevent the perpetrators from illegally disposing of her property. The applicant had […]

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ECHRCaseLaw

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