ECHRCaseLaw

Disciplinary punishment of a Muslim prisoner for praying at bedtime. Violation of religious freedom

JUDGMENT Korostelev v. Russia 12.05.2020 (no. 29290/10) see here SUMMARY Worship acts of prisoners and religious freedom. Reprimand to a Muslim prisoner for performing acts of worship during the night in violation of the prison program. The applicant was punished for his misdemeanor in prison – that is, two acts of worship (“Salah”) at night […]

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Erotic videos coming from a hidden camera of a journalist with her partner on the internet. Description of her as ” Cicciolina” from a newspaper. Rejection of her lawsuit. Violation of her private life

JUDGMENT Khadija Ismayilova v. Azerbaijan 07.05.2020 (n.3)  (application no. 35283/14) see here SUMMARY The applicant is a well-known journalist. She writes mainly articles criticising the government for its policies. Erotic videos were posted on the internet with the journalist and her partner taken with a hidden camera. As a result of these videoa, a journalist […]

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Incorrect installation of gas water heater by a resident and his death. Non-infringement of the right to life

JUDGMENT Vardosanidze v. Georgia 07.05.2020 (no. 43881/10) see here SUMMARY Death due to poisoning after incorrect installation of gas water heater. Right to life. Essential and procedural part. Positive obligations of the state to protect the right to life. The applicant’s son died of carbon monoxide poisoning after reconnecting an incorrectly installed water heater to […]

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Appeal resignation on behalf of the non-legally appointed representative of the appellant. Violation of the right of access to court

JUDGMENT Madžarović and others v. Montenegro 05.05.2020 (no.  54839/17 and  71093/17) see here  SUMMARY Right to appeal. The applicants are the CEO of the company and 2 subsidiaries. From the above mentioned, a third company was established, which concluded a loan agreement with the Bank, providing its shares in the common investment fund as collateral. […]

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The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates

JUDGMENT GRAND CHAMBER M.N. and others v. Belgium 05.05.2020 (no. 3599/18) see here SUMMARY The case concerned a couple of Syrian nationals and their two children, who were refused the shortterm visas that they had requested from the Belgian Embassy in Beirut with a view to applying for asylum in Belgium. The applicants claimed that […]

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Prosecutors and judges have the right to criticize legal reforms and cases regarding their independence

JUDGMENT Kövesi v. Romania 05.05.2020 (no. 3594/19) see here SUMMARY The case concerned the applicant’s removal as the chief prosecutor of the National Anticorruption Directorate before the end of her second term following her criticism of legislative reforms in the area of corruption. She alleged that she had also been unable to challenge that decision […]

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The imposition of a fine for organising a nationalist commemoration on the day of the Romanian national holiday did not breach the Convention

JUDGMENT Csiszer and Csibi v. Romani  05.05.2020 (no. 71314/13 and 68028/14) see here  SUMMARY The case concerned the imposition of an administrative fine on the applicants for organising a gathering on 1 December 2010, the day of the Romanian national holiday, to commemorate the founding of the Székely battalion. On 1 December 1918, in Cluj-Napoca, […]

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Adoption without searching and informing the biological father and refusal to recall it. Violation of the father’s right to family life

JUDGMENT Uzbyakov v. Russia 05.05.2020 (no.  71160/13) see here  SUMMARY The case concerned the applicant’s complaint about his daughter being adopted by another family and the refusal by the courts to overturn that decision. The Court found deficiencies in the proceedings for the daughter’s adoption, the applicant’s subsequent paternity claim and his request to revoke […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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The reasonable duration of the procedure is violated even if there is a contribution of the applicant to the delay, and the total duration is excessive

JUDGMENT Keaney v. Ireland 30.04.2020 (no. 72060/17) see here SUMMARY The case concerned a complaint about the length of civil proceedings following a failed business venture. It has also been chosen by the Court as a lead case in relation to the issue of effective domestic remedies in Ireland for complaints about excessive length of […]

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ECHRCaseLaw

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