ECHRCaseLaw

The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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Failure to pay full compensation for the total damage suffered by the owner in case of expropriation of property violates the right to ownership.

JUDGMENT  Moustakidis v. Greece 3-10-2019 (appl. no. 58999/13) see here SUMMARY Expropriation, percentage of compensation and jurisdiction of the Courts. The applicant was denied the use of part of his property for the purpose of expropriation on which his business was housed. He was compensated for the value of the deprived land and for the […]

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The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

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The Holocaust denial is not protected by the ECHR.

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

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The domestic remedies available to detained migrants in emergency reception centers in Greece were neither accessible nor sufficient.

JUDGMENT Kaak and others v. Greece 3/10/2019 (no. 34215/16) see here SUMMARY The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be […]

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The father’s failure to participate in the investigation regarding his son’s murder by the police violated his right to life.

JUDGMENT Fountas v. Greece 3-10-2019 (no. 50283/13) see here SUMMARY The police shot the applicant’s son. According to the ECtHR, the national authorities had not dealt with the case to the extent required, although they had fulfilled their obligation to carry out a thorough investigation into the killing, which led to the finding that the […]

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The state must immediately repair the property damage of Bosnia and Herzegovina residents who were expelled during the war.

JUDGMENT Orlović and others v. Bosnia and Herzegovina 1/10/2019 (no. 16332/18) see heree   SUMMARY Refugees, deprivation of their property, implementation of the peace agreement. The applicants come from Bosnia and Herzegovina. During the war, they were expelled from their land and deprived of their property. After signing the Peace Agreement and returning to their homeland, […]

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The mentally ill offender cannot be deported without sufficient guarantees of effective access to appropriate care.

JUDGMENT Savran v. Denmark 1/10/2019 (no. 57467/15) see here   SUMMARY The case concerned the applicant’s complaint that owing to his mental health his rights would be violated if he were to be returned to Turkey. The Court found in particular that psychiatrists had recommended that the applicant receive close monitoring and follow-up in order […]

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The application before the ECHR is inadmissible because the internal remedies have not been exhausted, even when an internal appeal has been lodged, but was vague.

JUDGMENT Hernádi v. Croatia 26/09/2019 (no. 29998/15) see here  SUMMARY Exhaustion of domestic remedies. The applicant, a resident of Hungary, was charged with bribery and a temporary detention order and a European arrest warrant for extradition to Croatia were issued by the Croatian authorities. He brought two actions before the Constitutional Court which were dismissed […]

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Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

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ECHRCaseLaw

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