ECHRCaseLaw

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

JUDGMENT Agapov v. Russia 06.10.2020  (app. no. 52464/15) see here   SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

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Disciplinary punishment of isolation of a detainee for 14 days. Isolation did not amount to further deprivation of his liberty. No violation

JUDGMENT Stoyan Krastev v. Bulgaria 06.10.2020 (app. no.  1009/12) see here  SUMMARY A disciplinary sentence for a detainee for being held in solitary confinement for 14 days due to a fight with a detainee during a generalized conflict in prisons. The applicant was serving a 3-year prison sentence. Strasbourg pointed out that in order to […]

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Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case  concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]

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Monastery against monk heirs. Violation of the right to the property of the heirs

JUDGMENT Lamberi and others v. Greece 08.10.2020 (app. no. 18312/12) see here SUMMARY Monk inheritance and right to property. The applicants sold to third-party buyers a property they inherited from their ancestor, who was a monk. He himself had left the monastery, but this was not confirmed by a certificate of exemption from monastic duties […]

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Administrative dissolution of far-right organizations after a student’s death. Strasbourg welcomes their dissolution

JUDGMENT Ayoub and others v. France 08.10.2020 (app. no. 77400/14, 34532/15 and 34550/15) see here SUMMARY The cases concerned the administrative dissolution of three extreme right-wing entities: a de facto group (the Troisième Voie association and its security squad) and two associations (L’Oeuvre française and Jeunesses nationalistes). The Court held that the dissolution of the […]

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Extension of pre-trial detention of an accused despite his release by the first instance court violates the right to personal liberty

JUDGMENT I.S. v. Switzerland  6-10-2020 (app. no. 60202/15) see here SUMMARY In this case, I.S. complained about the extension of his preventive detention (between April and December 2015) despite his acquittal at first instance. The Court found in particular that I.S.’s preventive detention following his acquittal at first instance did not fall within the exceptions […]

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Permanent bodily injury of a protester in a spontaneous gathering due to excessive use of force by the police. Violation of the freedom of assembly

JUDGMENT Laguna Guzman v. Spain 6.10.2020 (app. no. 41462/17) see here SUMMARY The case concerned the applicant’s complaint that she had been left permanently injured after the police forcefully dispersed a spontaneous gathering that had taken place after an official demonstration. The Court found in particular that the spontaneous protest had been peaceful up until […]

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Special Appeal before the President of the Republic, who has not responded for 14 years! The action for unjustified delay is inadmissible because it did not concern a court procedure

JUDGMENT Mediani v. Italy 01.10.2020 (aoo. no. 11036/14) see here  SUMMARY The case concerned the length of proceedings relating to a special appeal to the President of the Republic (ricorso straordinario al Presidente della Repubblica). Mr Mediani, who had lodged his appeal in 2004 in order to challenge the decision to revoke his advancement to […]

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Imposition of a minimum fine that was not criminal in nature and criminal conviction. Non-violation of the principle ne bis in idem

JUDGMENT Prina v. Romania 01.10.2020 (app. no. 37697/13) see here SUMMARY The case concerned two penalties imposed on the applicant for acts allegedly committed in his capacity as head of the city’s technical department: an administrative fine and a suspended prison sentence. The Court reiterated that the first paragraph of Article 4 of Protocol No. […]

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The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]

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ECHRCaseLaw

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