ECHRCaseLaw

Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

JUDGMENT  Kuzhelev and others v. Russia 15.10.2019 (no.  64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here  SUMMARY  Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred  to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

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The non investigaton of the applicant’s allegations from the domestic courts regarding ill treatment during pre trial detention is unacceptable in behalf of the Court

JUDGMENT Almaši v. Serbia  08.10.2019 (no.  21388/15) see here  SUMMARY Ill – treatment, unreliable testimony and right to representation. The applicant was arrested for illegal entry and of people smuggling.  At the preliminary investigation stage, he alleged that he had been ill- treated,  resulting in an unreliable testimony and complained that he was not allowed […]

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Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18).  see here  SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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Withdrawal of a gun licence of a person with a criminal record does not violate the ECHR

JUDGMENT Ilinca v. Romania 24.10.2019 (no. 50882/15) see here SUMMARY Withdrawal of a permit authorising the possession of firearms. Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, Mr Ilinca submitted that the domestic courts’ decisions had lacked sufficient reasoning and had been based on secret information to which […]

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Concerns regarding a judge’s impartiality against a lawyer. Infringement of fair trial

JUDGMENT Deli v. the Republic of Moldova 22.10.2019 (no. 42010/06) see here SUMMARY The case concerned, on the one hand, an alleged dispute between a lawyer and a judge during a court hearing and the lawyer’s resulting fears of bias towards him and his client and, on the other hand, the judge’s contention that he […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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Lack of civilian service as an alternative to military service precluded recognition of conscientious objection, in breach of the Convention

JUDGMENT Mushfig Mammadov and others v. Azerbaijan 17.10.2019 (no. 14604/08) see here SUMMARY The case concerned the applicants’ refusal on religious grounds to serve in the army. The Court observed that the criminal prosecutions and convictions of the applicants on account of their refusal to perform military service had stemmed from the fact that there […]

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ECHRCaseLaw

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