ECHRCaseLaw

The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

JUDGMENT  Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here  SUMMARY  A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

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Conviction of a publisher and editor-in-chief of a newspaper for publishing statements by leaders of a terrorist organization for incitement to violence. Freedom of transmission of information was not infringed.

JUDGMENT Gürbüz and Bayar v. Turkey 23.07.2019 (no. 8860/13) see here  SUMMARY Press, freedom of thought and incitement to violence. The applicants, the publisher and editor-in-chief of the newspaper, were sentenced to a fine for publishing statements by a terrorist leader threatening a “guerrilla fight” in the event of no dialogue and inciting “patriots” to act. The Supreme Court […]

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7 years imprisonment for participating in a demonstration! Deprivation of the right of the freedom of assembly.

JUDGMENT  Zülküf Murat Kahraman v. Turkey 16.07.2019 (no. 65808/10) see here  SUMMARY The applicant was accused of participating in a protest against the detention conditions of Adhullah Öcalan, a member of the PKK. His conviction of a prison sentence of more than 7 years was based on a photograph of a man with his face […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Conviction of the applicant by the Second Instance Court, following an appeal brought by the Prosecutor in an acquittal decision. The court has violated the principle of fair trial because it did not re-examine the co-defendants and witnesses, but was content with their initial statements.

JUDGMENT  Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]

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Wild beating of suspect during police interrogation for attempted rape of a minor. 8 years of ineffective investigation by the authorities regarding the conditions of the injuries constitutes inhumane and degrading treatment.

JUDGMENT  Gogaladze v. Georgia 18.07.2019 (no.8971/10) see here SUMMARY  Ill -treatment of a suspect for the offense of raping a minor by  police officers. The applicant was arrested and interrogated for the offense of the rape of a minor. Two months after the incident and while he was in pre –trial detention, he complained of […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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Non enforced housing court decision. The right to bring an action for the non-enforcement of the judgment and the existence of favorable case-law on compensation. The application is inadmissible.

JUDGMENT  Bouhamla v. France  18.07.2019 (no. 31798/16) see here SUMMARY  The case concerned the enforcement of a final judicial decision granting housing to the applicant under the law on the enforceable right to housing. The applicant was ultimately rehoused but he failed to apply to the administrative courts for compensation in respect of the period […]

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Fishing in a coastal basin by a fishing company that had rights in rem. Arbitrary governmental interference and eviction without payment of damages violated the right to property.

JUDGMENT Zappa S.A.S. v. Italy  04.07.2019 (no. 43842/11) see here  SUMMARY Fish farming, property rights,  state intervention. The applicant company had secured its property rights in “fishing valleys” in the province of Venice lagoon for a number of years when, after about 18 years, it received a state order to vacate those water bodies on […]

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The confiscation of all the undeclared cash of a passenger who failed to declare it violated property right.

JUDGMENT Sadocha v. Ukraine 11.07.2019 (no. 77508/11) see here  SUMMARY  Confiscation of the entire amount of foreign exchange, which came from a lawful cause, of the applicant-traveler from the customs office as a penalty for non-declaration of the cash. The applicant, a Czech national, traveled from Ukraine to Poland and during the luggage check 31,000 […]

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ECHRCaseLaw

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