Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: firstname.lastname@example.org Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: email@example.com Introduction The right to an effective legal remedy and the right to access court, guaranteed by Articles 13 and 6 of the European Convention on Human Rights, require that the law […]
The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court
JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them, they […]
The trial regarding a case of rape that took place behind closed doors did not violate the defendant’s right to a fair trial. Victim’s protection from second victimization
JUDGMENT Mraović v. Croatia 14.05.2020 (no. 30373/13) see here SUMMARY The case concerned a balancing of the applicant’s right to a public hearing in proceedings against him on charges of rape and the victim’s right to the protection of her private life. The European Court of Human Rights held, by six votes to one, that […]
Keeping prisoner in solitary confinement did not constitute inhuman and degrading treatment in breach of the Convention
JUDGMENT Astruc v. France 14.05.2020 (no. 5499/15) see here SUMMARY The case concerned the applicant’s complaint that he was kept in solitary confinement, while imprisoned on remand, after hospital treatment. The measure sought to clarify how the applicant was procuring unauthorised items while in prison and to prevent this from continuing. The Court noted that, […]
The calculation of compensation in compulsory expropriation is determined by the commercial value of the property
JUDGMENT Kostov and others v. Bulgaria 14.05.2020 ( no.66581/12 and 25054/15) see here SUMMARY The case concerned the applicants’ complaints that they had been awarded disproportionately low amounts of compensation when property they owned on the outskirts of Sofia was expropriated by the State for the construction of roads. The Court, which is currently considering […]
The criminal conviction of a publisher of a book on the Kurdish PKK has violated the freedom of expression.
JUDGMENT Mehdi Tanrıkulu v. Turkey 05.05.2020 (no. 9735/12) see here SUMMARY Freedom of expression and the right of citizens to valid information. The plaintiff owns a publishing house in Istanbul. He published a book on the Kurdish revolutionary organization PKK. He was prosecuted on charges of propaganda for a terrorist organization and was sentenced by […]
Legal eviction violates the right to family life if the way in which it is carried out does not take into account the consequences and the peculiarities of those who are evicted
JUDGMENT Hirtu and others v. France 14.05.2020 (no. 24720/13) see here SUMMARY The case concerned the clearance of an unauthorised encampment where the applicants, who are of Roma origin, had been living for six months. The Court observed first of all that the circumstances of their forcible eviction and their subsequent living conditions did not […]
Years of inadequate and ineffective research regarding a killing of a soldier have violated the procedural part of the right to life
JUDGMENT Anahit Mkrtchyan v. Armenia 07.05.2020 (no. 3673/11) see here SUMMARY Death of a soldier. Right to life. Effective research. The applicant is the mother of a soldier who was shot dead while serving in the army. The fatal shooting took place in an office in the presence of 3 eyewitnesses. The investigation was launched […]
The sentencing decision, which was based not only on the testimony of a minor witness but also on other evidence, did not violate the overall legal nature of the criminal proceedings.
JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]
The state’s refusal to grant an immigrant legal status, even that of a stateless person, violated his private life.
JUDGMENT Sudita Keita v. Hungary 12.05.2020 (no. 42321/15) see here SUMMARY Unlawful legal situation and consequences in his private life. The applicant, of non-native, Somali and Nigerian descent, entered Hungary in 2002. His efforts to determine his legal status were unsuccessful. He was recognized as a stateless person only in 2017 and only because in […]