ECHRCaseLaw

The return of refugees/immigrants who do not abide by the legal procedures does not violate the ECHR

JUDGMENT N.D.  and N.T. v. Spain 13.02.2020 ( no. 8675/15 and 8697/15). see here  SUMMARY The case concerned the immediate return to Morocco of two nationals of Mali and Côte d’Ivoire who on 13 August 2014 attempted to enter Spanish territory in an unauthorised manner by climbing the fences surrounding the Spanish enclave of Melilla […]

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Reading pre-trial testimony from absent witnesses. Non-infringement of fair trial. Conditions for accepting depositions.

JUDGMENT Lobarev and others v. Russia 28.01.2020 (no. 10355/09, 14358/11, 12934/12, 76458/12, 25684/13 and 49429/14) see here  SUMMARY Fair trial and reading of testimony of absent witnesses. The applicants are Russian nationals. During the criminal trial in which they were indicted, pre-trial testimonies of absent witnesses were read and their conviction was heard. They complained about […]

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Freedom of expression: a judgment recapitulating case-law on the offence of propaganda in favour of terrorist organisations

JUDGMENT Özer v. Turkey 11.02.2020 (no. 3) (no.  69270/12) see here  SUMMARY The case concerned criminal proceedings brought against Mr Özer over an article published in his magazine. Mr Özer was prosecuted and convicted of the criminal offence of providing propaganda for a terrorist organisation, under section 7(2) of Law No. 3713. The Court reiterated […]

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Inadequate detention conditions are degrading treatment. ECtHR proposals to restrict temporary detention

JUDGMENT Sukachov v. Ukraine 30.01.2020 (no.  14057/17) see here  SUMMARY Detention conditions, inhumane and degrading treatment. Systemic problem and ECHR intervention. The applicant was arrested in 2012 on charges of involvement in terrorist acts, and has been provisionally detained in a Ukrainian detention facility until 2018, when he was convicted and sentenced to 12 years […]

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The storage of personal data by telecommunications companies does not violate the right to privacy

JUDGMENT Breyer v. Germany 30.01.2020  (no. 50001/12) see here  SUMMARY The case concerned the storage of pre-paid SIM card users’ data by telecommunications companies. The Court found in particular that collecting the applicants’ names and addresses as users of pre-paid SIM cards had amounted to a limited interference with their rights. The law in question […]

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Indefinite retention of DNA, fingerprints and photos of a convicted violated his privacy rights

JUDGMENT  Gaughran v. United Kingdom 13.02.2020 (no. 45245/15) see here  SUMMARY The case  concerned a complaint about the indefinite retention of personal data (DNA profile, fingerprints and photograph) of a man who had a spent conviction for driving with excess alcohol in Northern Ireland. The European Court of Human Rights held, unanimously, that there had been: […]

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Publisher’s criminal conviction for hate speech did not violate freedom of expression

JUDGMENT Atamanchuk v. Russia  11.02.2020 (no. 4493/11) see here SUMMARY The case concerned a businessman’s conviction for inciting hatred and enmity following statements about non-Russians in an article published in a local newspaper. The Court found in particular that the applicant’s sweeping remarks had not contributed to any public debate and agreed with the national […]

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Injured children by grenade in residential area. Non-assignment of responsibilities and compensation. Ineffective research

JUDGMENT Vovk and Bogdanov v. Russia 11.02.2020 (no. 15613/10) see here SUMMARY The case concerned the authorities’ alleged failure to conduct an effective investigation into the explosion of a grenade in a residential area of Chita in April 2008 and their refusal to pay the victims compensation. The Court found that the investigating authorities had […]

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The Court protects lawyers from arbitrary investigations and seizures

JUDGMENT Kruglov and others v. Russia  30.01.2020 (no. 11264/04 and 15 applications)  see here  SUMMARY Investigations in law firms and homes. Protection of professional secrecy. Necessary institutional guarantees. The seizure of computers and hard drives violates the right to property. The applicants are lawyers. In order to gather evidence for a criminal investigation, a search […]

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Paraplegic Prisoner: being carried between two floors constitutes degrading treatment

JUDGMENT Bayram v. Turkey 04.02.2020 (no. 7087/12) see here SUMMARY The case concerned the conditions of detention of the applicant, who is paraplegic and cannot move around by his own means. The applicant, whose degree of physical incapacity is 92%, received no assistance between 11 April 2011 and 27 April 2011 in Batman Prison. On […]

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ECHRCaseLaw

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