Failure of the authorities to take measures to implement court decisions on father-son communication. Violation of the right of respect for family life

JUDGMENT Tóth v. Hungary 19.10.2023 (app. no. 8324/18) see here SUMMARY After the dissolution of the applicant’s marriage with the child’s mother, the father’s contact with the child was determined by private agreement. However, the mother breached the agreement by interrupting the child’s summer vacation with the father in August 2016. In subsequent meetings that […]

Removal of migrants with vulnerable children to an unsafe third country from which they did not come from and had no ties to. Degrading treatment and violation of the 4th Protocol

JUDGMENT S.S. and others v. Hungary 12.10.2023 (app. no. 56417/19 and 44245/20) see here SUMMARY The applicants are two families with young children, nationals of Yemen and Afghanistan respectively. They tried to enter Hungary via the airport, traveling from Istanbul, and presented themselves to border guards with fake passports. Due to the use of forged […]

Landfill pollution. Failure to take necessary measures to protect citizens. Violation of the right to respect for private life and home)

JUDGMENT Locascia and others v. Italy 19.10.2023 (app. no. 35648/10) see here SUMMARY Waste treatment and disposal in the Campania region of Italy. Pollution from a sanitary landfill. Respect for privacy. The domestic authorities had failed to ensure the proper functioning of waste collection, treatment and disposal services during a state of emergency, which had […]

Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

Violation of the rights of a biological father regarding his son’s adoption by another man. Conviction for violation of Article 8 of the ECHR

JUDGMENT I.V. v. Estonia 10.10.2023 (app. no. 37031/21) see here SUMMARY The case concerned a father’s attempt to contest the adoption of his biological son by another man in Estonia, against the background of paternity proceedings in Latvia. The Court stressed that although this was a cross-border case, the Court was examining only Estonia’s responsibility. […]

Inhuman and degrading treatment of a prisoner with psychiatric problems. Admissible is the application submitted on his behalf on behalf of his parents

JUDGMENT Ghazaryan and Bayramyan v. Azerbaijan 05.10.2023 (app. no. 33050/18) see here SUMMARY The application was filled without written authorization by parents on behalf of their son, who had mental health problems and was in custody. On 15 July 2018 the applicants’ son, who lived with them, was arrested in Azerbaijan near the border with […]

Conviction of applicants “with judgment suspended” in freedom of expression cases was in breach of Convention

JUDGMENT Durukan and Birol v. Turkey 03.10.2023 (app. no. 14879/20 and 13440/21) see here SUMMARY The case concerned the applicants’ convictions and prison sentences, with the effects of the judgments being suspended (Article 231 of the Code of Criminal Procedure), on account of content they had shared on social media. The Court held that, in […]

Unwarranted and unannounced use of pepper spray by prison guards on a prisoner! Conviction for inhuman and degrading treatment

JUDGMENT El–Asmar v. Denmark 03.10.2023 (app. no. 27753/19) see here SUMMARY The applicant had a violent past, which included robberies, violence and threats. On March 24, 2017, he was arrested, charged with violating the Arms and Explosives Act and held in a local jail. On 6 April 2017, through his lawyer, the applicant complained to […]

The state is obliged to ensure parent-child communication in case of lack of cooperation of the separated parents for communication!

JUDGMENT Beluch v. Poland 28.09.2023 (app. no. 4065/21) see here SUMMARY The applicant’s daughter X. was born in January 2010. The applicant divorced her mother M.M. shortly after the birth of their daughter in March 2010. In May 2010, the applicant asked the Regional Court to regulate the rights of communication with X. due to […]

Dismissal of appeal as inadmissible for non-payment of court fees. Violation of the right to due process

JUDGMENT SEDRAKYAN v. Armenia 26.09.2023 ( app. no. 5337/13) SUMMARY The applicant’s residence was expropriated and auctioned. He brought an action for damages which was dismissed as inadmissible in the Court of Appeal for non-payment of court fees despite the fact that they had not been precisely determined by the court. The ECtHR found nothing […]