ECHRCaseLaw

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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The lack of a proper examination of the applicant’s defamation allegation by a magazine that characterized the Nazi camp survivors as “mass murderers”, “criminals” and “plagues” violated his privacy, although he had not been named.

JUDGMENT Lewit v. Austria 10.10.2019 (no. 4782/18) see here SUMMARY The case concerned a now 96-year-old Holocaust survivor’s complaint that he had been defamed by a right-wing periodical and that the courts had not protect his right to reputation. The Court found that the Austrian courts had failed to protect the applicant’s rights because they […]

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The expulsion of a Syrian rebel in Syria violates the ECHR due to the risk of being illtreated.

JUDGMENT O.D. v. Bulgaria 10.10.2019 (no. 34016/18) see here SUMMARY Bulgarian authorities order the deportation of a former Syrian military officer to Syria on the grounds that he was a threat to national security. In particular, the Court found that, given the overall situation in Syria and the personal risk faced by the applicant, it […]

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The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here  SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

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Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

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Ban on converting a public building into a place of worship for a religious group. The prohibition is justified due to violations of urban planning legislation.

JUDGMENT Pantelidou v. Greece 10.10.2019 (no. 36267/19) see here  SUMMARY Transformation of a public property into a place of worship and the right to religious freedom. The applicant, who is a member of the Church of True Orthodox Christians, alleged that her right to religious was  violated  because it was forbidden for her religious community to […]

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Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.

JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY  Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]

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Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY  Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

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The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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Failure to pay full compensation for the total damage suffered by the owner in case of expropriation of property violates the right to ownership.

JUDGMENT  Moustakidis v. Greece 3-10-2019 (appl. no. 58999/13) see here SUMMARY Expropriation, percentage of compensation and jurisdiction of the Courts. The applicant was denied the use of part of his property for the purpose of expropriation on which his business was housed. He was compensated for the value of the deprived land and for the […]

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ECHRCaseLaw

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