ECHRCaseLaw

Conviction of journalist and publishing director for publishing an article on a journalist’s assassination violates the freedom of expression

JUDGMENT Magosso and Brindani v. Italy 16.01.2020 (no. 59347/11)  see here SUMMARY The case concerned the conviction for defamation of two applicants, a journalist and a publishing director, following the publication of an article concerning the murder of the journalist Walter Tobagi in 1980 by a terrorist group close to the Red Brigades. With regard […]

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Holding part of a murder trial behind closed doors did not violate the right to a fair trial

JUDGMENT Yam v. United Kingdom 16.01.2020 (no. 31295/11) see here  SUMMARY Trial for intentional homicide trial was held behind closed doors for the testimony of some witnesses. The national court ruled that this part of the proceedings should have been held behind closed doors for reasons of national security. The Court in particular found that […]

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Mobile phone application for photographing and disseminating invalid ballots online and the freedom of expression

JUDGMENT Magyar Kétfarkú Kutya Párt v. Hungary 20.01.2020 (no. 201/17) (GRAND CHAMBER) see here SUMMARY The case concerned a political party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016. The Court found in particular that the provision of domestic election law […]

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The conviction of a drug dealer that did not rely solely on the testimony of a co-defendant but also on other evidence does not infringe the fair trial. A higher degree of judicial scrutiny must be applied to the assessment of witnesses of co-defendants.

JUDGMENT Stephens v. Malta (no. 3)  14.01.2020 (no. 35989/14) see here  SUMMARY The applicant was convicted of drug trafficking and sentenced to 25 years prison. According to the applicant, the domestic courts convicted him on the basis of the testimony of one of his relatives at the trial, according to which the drugs found on […]

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Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

JUDGMENT Χ.  and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here  SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

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Arbitrary court decisions are equivalent to criminal justice. Arbitrary rejection of lawsuit claiming basic benefits violates the fair trial principal

JUDGMENT Lazarević v. Bosnia and Herzegovina 14.01.2020 (no. 29422/17) see here   SUMMARY Lawsuit for employee benefits. An arbitrary court ruling dismissed the lawsuit despite the legislative provision and earlier Supreme Court case law. Infringement of the fair trial principal. The applicant worked for a public railway company but was dismissed in 2012. He brought proceedings […]

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The intervention of the police authorities to deter protesters who created riots for the protection of Parliament did not violate freedom of assembly. This right only protects peaceful gatherings

JUDGMENT Varoğlu Atik and others v. Turkey 14.01.2020 (no. 76061/14) see here  SUMMARY Freedom of assembly and the limits of state intervention. The applicants had planned a peaceful demonstration, obtaining the approval of the police authorities, which they carried out. At the end of the demonstration, some demonstrators used force police against police officers, who […]

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Ill treatment of a soldier from a sergeant and from another soldier because he fell asleep on duty consists degrading treatment. Inadequate investigation into same soldier’s death violates procedural aspect of right to life

JUDGMENT Styazhkova v. Russia 14.01.2020 (no. 14791/04) see here SUMMARY The case of Styazhkova v. Russia concerned the applicant’s allegation that the official explanation of suicide for her son’s death during his military service was not convincing. The European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right […]

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Ineffective criminal protection of homosexuals against hate speech on facebook violates their right to privacy

JUDGMENT Beizaras and Levickas v. Lithuania 14.01.2020 (no. 41288/15) see here SUMMARY The case raised questions about the State’s responsibility to protect individuals from homophobic hate speech. The applicants are two young men who are in a relationship. One of the applicants posted a photograph of them kissing on his Facebook page, which led to […]

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ECHRCaseLaw

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