ECHR application for the prohibition to hold a pblic event due to COVID before domestic remedies are exhausted. Inadmissible application

JUDGMENT Communauté genevoise d’action syndicale (CGAS) v. Switzerand 30.11.2023 (app. no. 21881/20) see here SUMMARY The applicant is an association which defends the interests of workers and its members’ organisations, in particular in the field of trade union and democratic freedoms. During the restrictive measures in the wake of the covid 19 pandemic, the authorities […]

Prostitute’s claim for compensation against her trafficker for profits she did not receive! Rejected as contrary to good morals. Violation of Article 4 of the ECHR

JUDGMENT Krachunova v. Bulgaria 28.11.2023 (app. no. 18269/18) see here SUMMARY The case concerned Ms Krachunova’s attempts to obtain compensation for the earnings from sex work that X, her trafficker, had taken from her. The Bulgarian courts had refused compensation, stating she had been engaged in prostitution and returning the earnings from that would be […]

Detained in a special prison cell, naked in the cold and with constant light for 17 days! Inhuman and degrading treatment

JUDGMENT Vukušić v. Croatia 14.11.2023 (app. no. 37522/16) see here SUMMARY The applicant, mentally disturbed, was kept in a so-called “rubber cell” (gumenjara) in prison for two periods in 2012 and for a total of 17 days. This detention was imposed to prevent him from self-harming. According to the Court, persons in detention are in […]

No convincing and compelling reasons given for restricting the location of public events

JUDGMENT Pleshkov and others v. Russia 21.11.2023 (app. no. 29356/19 and 31119/19). see here SUMMARY The case concerned restrictions imposed by the authorities on the location of planned public events. The applicant in 29356/19 was prevented from organising a small protest, on 11 October 2018, in front of the State Duma (lower chamber of the […]

Designation of land as forest and Natura protected areas without compensation. Violation of the right to respect for property

JUDGMENT “Porceni Pleșa” and “Piciorul Bătrân Banciu” v. Romania 28.11.2023 (app. no. 46201/16 and 47379/18). see here SUMMARY The case concerned two associations of forestry proprietors who complained that, in spite of a legally recognised right, they had not received compensation for the fact that they were unable to make use of their forests, […]

The applicant’s reference in a judgment condemning a former Minister, for money laundering from criminal activity, without mentioning that his guilt is not determined! Violation of presumption of innocence

JUDGMENT Beltsios v. Greece 28.11.2023 (app. no. 57333/14) see here SUMMARY Violation of the presumption of innocence under Article 6 § 2 of the ECHR and failure to decide “immediately” on the applicant’s application for release from prison under Article 5 § 4 of the ECHR. In the years 2000 and 2002, contracts were signed […]

The courts considered an out-of-date appeal without giving reasons for the out-of-date and without granting an extension of time. Violation of legal certainty

JUDGMENT Robuleţ v. the Republic of Moldova 14.11.2023 (app. no. 17935/08) see here SUMMARY Adjudication of an out-of-date appeal by the appeal court without the national court justifying why it considered an out-of-date appeal. The national courts did not justify why they accepted to examine the appeal brought after the legal deadline of 15 days […]

Arrest and conviction of protesters who were demonstrating peacefully for the eviction of squatters. Violation of freedom of assembly

JUDGMENT Laurijsen and others v. the Netherlands 21.11.2023 (app. no.. 56896/17, 56910/17, 56914/17, 56917/17 and 57307/17) see here SUMMARY The case concerned a protest against the eviction of a squat at Passeerdersgracht in Amsterdam. The applicants were arrested for blockading the road in front of and near the squat and summonsed for disturbing public order […]

The owner’s obligation to pay a standing heating charge, as they had disconnected from the heating network violated their right to property!

JUDGMENT Kitanovska and Trajkovski v. North Macedonia 14.11.2023 (app. no. 71657/17 and 9 others) see here SUMMARY The applicants complained that the obligation to pay a fixed charge to a private heat supplier introduced by the State violated their peaceful enjoyment of their property (apartments) under Article 1 of the First Protocol to the Convention. […]

Deprivation of freedom of asylum seekers, inhuman conditions of detention and lack of information about their rights. Violation of Articles 3 and 5 of the ECHR

JUDGMENT A.E. and T.B. v. Italy 16.11.2023 (app. no. 18911/17, 18941/17 and 18959/17) and W.A. and others v. Italy (app. no. 18787/17) see here SUMMARY All the applicants (nine in total) arrived in Italy in the summer of 2016. According to the applicants in the first case, on 17 and 19 August 2016 they were […]