ECHRCaseLaw

Prolongation of temporary detention for a period longer than the legal one, due to a new charge for another crime. Violation of personal freedom

JUDGMENT Okropiridze v. Georgia 02.11.2023 (app. no. 53974/15) see here SUMMARY Illegal and arbitrary temporary detention. In 2014 the applicant was arrested and charged with aggravated murder and remanded in custody, which by law could not last more than 9 months and would therefore end on 11 June 2015. However, on 9 June 2015 the […]

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Expropriation with payment of compensation less than the commercial value. Violation of the right to property

JUDGMENT  LaSpada v. Italy  26.10.2023  (app. no. 2731/14) see here SUMMARY The applicant was deprived of his property, which he used for cultivation, due to expropriation for the construction of a road. The domestic courts awarded an amount of compensation that did not correspond to the commercial value of the property. The decision to pay […]

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A court order has ordered a news website to “take down” video that captured police brutality, without covering the officer’s face. Violation of the freedom of expression

JUDGMENT BILDGMBH&CO. KG v. Germany 31.10.2023 (app. no. 9602/18) see here SUMMARY The case concerned a court ruling ordering bild.de, a major news website, to take down CCTV footage of a police arrest at a nightclub in Bremen unless it blurred the face of one of the police officers involved. The Court found in particular […]

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Failure of the authorities to protect the lives of two soldiers who were killed by a fellow conscript with a heavy criminal record. Violation of the right to life

JUDGMENT Hovhannisyan and Karapetyan v. Armenia 17.10.2023 (app. no. 67351/13) see here SUMMARY The applicants are the parents of two soldiers who were killed during their compulsory military service by a fellow conscript, KA, in a shooting incident. KA, who had an “extensive” criminal record, shot and killed six (6) soldiers, including the applicants’ sons […]

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Lowering of the retirement age limit for female judges from 67 to 60 compared to 65 for men. Prohibited discrimination based on sex. Invasion of privacy

JUDGMENT Pająk and others v. Poland 24.10.2023 (app. no. 25226/18, 25805/18, 8378/19 and 43949/19). see here SUMMARY The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties […]

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Violation of right of access to a court for a Prosecutor General unable to challenge his suspension triggered by criminal proceedings brought against him

JUDGMENT Stoianoglo v. the Republic of Moldova 24.10.2023 (app. no. 19371/22) see here SUMMARY The case concerned a Prosecutor General’s alleged inability to appeal against his suspension, which had been triggered by criminal proceedings that had been brought against him. The Court noted, along with the Government, the Constitutional Court and the Venice Commission, that […]

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Expulsion of a foreigner following a wrong assessment by the authorities regarding the risks of inhumane treatment. Violation of the procedural aspect of Article 3 of the ECHR

JUDGMENT Α.Μ.Α. v. the Netherlands 24.10.2023 (app. no. 23048/19) see here SUMMARY The case concerned the applicant’s removal to Bahrain in 2018 following a risk assessment made in the context of his last-minute asylum application. He alleged that the Dutch authorities had not sufficiently assessed the risks of his being ill-treated upon his return to […]

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Refusal of the public to provide information to a citizen despite the existence of a court order. Violation of the right of freedom of expression

JUDGMENT ZHOKH v. Ukraine 28.09.2023 ( app. no. 29319/13) see here SUMMARY The appellant requested from the town planning office documents for public real estate. The officials refused to grant the documents. A court order was then issued ordering the government to grant them, which was never carried out. According to the Court, to be […]

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Investigation into the beating of an immigrant by police officers based on the statements of the police officers! Violation of procedural and substantive part of Article 3 of the ECHR

JUDGMENT Shahzad v. Hungary  05.10.2023 (app. no. 37967/18) see here SUMMARY The applicant illegally entered Hungarian territory from Serbia. He was forcibly driven by police officers to the border, to exit the country. He claimed that during this operation, he was beaten with a glove which caused bruises and a hematoma on his head. The […]

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Confiscation of driver’s license indefinitely due to criminal prosecution! Violation of the right to privacy

JUDGMENT POGREBNYY and others v. Ukraine 19.10.2023 ( app. no. 42419/04) see here SUMMARY Confiscation of the applicant’s passport and driver’s license during the period of the criminal trial against him and also after the issuance of an irrevocable decision. The Court held that it was not clear whether the applicant had a passport but […]

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ECHRCaseLaw
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