ECHRCaseLaw

Investigation into circumstances of death of protesters lasted 23 years! Violation of the procedural part of Articles 2 and 3 of the ECHR

JUDGMENT Ștefan-Gabriel Mocanu and others v. Romania 12.12.2023  (app. no. 34323/21 and others) see here SUMMARY  The case concerned allegations made by the victims or the heirs of victims of the repression of antigovernment protests held in Bucharest in June 1990 as to the lack of an effective investigation. The Court found that, even after […]

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Imposing a disproportionately lenient sentence for sexual assault constitutes degrading treatment and an invasion of privacy!

JUDGMENT Vučković v. Croatia 12.12.2023  (app. no. 15798/20) see here SUMMARY The case concerned the sexual assaults that Ms Vučković, a nurse, suffered at the hands of an ambulance driver colleague while working shifts together. Her assailant was sentenced to 10 months’ imprisonment, but that sentence was commuted to community service on appeal. The Court […]

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Recruiting and coercing women to work as “web models” correctly qualified as trafficking in human beings

JUDGMENT Jasuitis and Šimaitis v. Lithuania 12.12.2023 (app. no. 28186/19 and 29092/19) see here SUMMARY The case concerned the applicants’ conviction for trafficking in human beings. They had hired a number of women to work as “web models”, but complaints were made by one woman that they had used threats and psychological violence to force […]

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Inhumane living conditions for a pregnant woman at the Samos Reception Centre. Violation of Article 3 of the ECHR

JUDGMENT M.L. v. Greece  23.11.2023 (app. no. 8386/20) see here SUMMARY The applicant complained about her living conditions at the KYT Samos on the basis of Articles 3 and 8 of the Convention. In her observations, she further complained about her living conditions and the restriction of her freedom in the Klitidi camp. The applicant […]

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Occupation of land by the State for the purpose of constructing a dike on a river. Compensation of owners. No finding of violation by the ECHR

JUDGMENT Sorasio and others v. Italy 05.11.2023 (app. no. 56888/16, 57121/16, 57145/16 and 57679/16) see here SUMMARY The case concerned the occupation of part of the applicants’ agricultural land in Villanova Solaro by the Interregional Agency for the Po River (Agenzia Interregionale per il fiume Po) for the building of an embankment, and the court […]

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Deportation of a Palestinian from the UK to Lebanon. Allegations of ill-treatment were not proven. Application dismissed

JUDGMENT H.A. v. the United Kingdom 05.12.2023 ( app. no. 30919/20) see here SUMMARY The applicant is a Palestinian refugee who grew up in the Ein El-Hilweh refugee camp in Lebanon. He sought asylum in the UK, claiming that he risked ill-treatment if he refused attempts to be recruited into extremist armed groups in Ein […]

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Ban on peaceful demonstration. The lack of a clear legal basis for the ban violated freedom of assembly

JUDGMENT Cheremskyy v. Ukraine 07.12.2023 (app. no.  20981/13) see here SUMMARY The Executive Committee of the Kharkiv City Council asked the local court to prohibit the peaceful demonstration that the applicant intended to hold under the banner “Ukraine for Fair Elections” in a park in the city centre. The local authorities and the courts based […]

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ECHR application for the prohibition to hold a pblic event due to COVID before domestic remedies are exhausted. Inadmissible application

JUDGMENT Communauté genevoise d’action syndicale (CGAS)  v. Switzerand 30.11.2023  (app. no. 21881/20) see here SUMMARY The applicant is an association which defends the interests of workers and its members’ organisations, in particular in the field of trade union and democratic freedoms. During the restrictive measures in the wake of the covid 19 pandemic, the authorities […]

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Prostitute’s claim for compensation against her trafficker for profits she did not receive! Rejected as contrary to good morals. Violation of Article 4 of the ECHR

JUDGMENT Krachunova v. Bulgaria 28.11.2023 (app. no. 18269/18) see here SUMMARY The case concerned Ms Krachunova’s attempts to obtain compensation for the earnings from sex work that X, her trafficker, had taken from her. The Bulgarian courts had refused compensation, stating she had been engaged in prostitution and returning the earnings from that would be […]

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Detained in a special prison cell, naked in the cold and with constant light for 17 days! Inhuman and degrading treatment

JUDGMENT Vukušić v. Croatia 14.11.2023 (app. no. 37522/16) see here SUMMARY The applicant, mentally disturbed, was kept in a so-called “rubber cell” (gumenjara) in prison for two periods in 2012 and for a total of 17 days. This detention was imposed to prevent him from self-harming. According to the Court, persons in detention are in […]

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