ECHRCaseLaw

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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No convincing and compelling reasons given for restricting the location of public events

JUDGMENT Pleshkov and others v. Russia 21.11.2023 (app. no. 29356/19 and 31119/19). see here SUMMARY The case concerned restrictions imposed by the authorities on the location of planned public events. The applicant in 29356/19 was prevented from organising a small protest, on 11 October 2018, in front of the State Duma (lower chamber of the […]

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Designation of land as forest and Natura protected areas without compensation. Violation of the right to respect for property

JUDGMENT “Porceni Pleșa” and “Piciorul Bătrân Banciu” v. Romania 28.11.2023   (app. no. 46201/16 and 47379/18). see here SUMMARY The case concerned two associations of forestry proprietors who complained that, in spite of a legally recognised right, they had not received compensation for the fact that they were unable to make use of their forests, […]

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The applicant’s reference in a judgment condemning a former Minister, for money laundering from criminal activity, without mentioning that his guilt is not determined! Violation of presumption of innocence

JUDGMENT Beltsios v. Greece 28.11.2023 (app. no. 57333/14) see here SUMMARY Violation of the presumption of innocence under Article 6 § 2 of the ECHR and failure to decide “immediately” on the applicant’s application for release from prison under Article 5 § 4 of the ECHR. In the years 2000 and 2002, contracts were signed […]

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The courts considered an out-of-date appeal without giving reasons for the out-of-date and without granting an extension of time. Violation of legal certainty

JUDGMENT Robuleţ v. the Republic of Moldova 14.11.2023 (app. no. 17935/08) see here SUMMARY Adjudication of an out-of-date appeal by the appeal court without the national court justifying why it considered an out-of-date appeal. The national courts did not justify why they accepted to examine the appeal brought after the legal deadline of 15 days […]

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Arrest and conviction of protesters who were demonstrating peacefully for the eviction of squatters. Violation of freedom of assembly

JUDGMENT Laurijsen and others v.  the Netherlands 21.11.2023 (app. no.. 56896/17, 56910/17, 56914/17, 56917/17 and 57307/17) see here SUMMARY The case concerned a protest against the eviction of a squat at Passeerdersgracht in Amsterdam. The applicants were arrested for blockading the road in front of and near the squat and summonsed for disturbing public order […]

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The owner’s obligation to pay a standing heating charge, as they had disconnected from the heating network violated their right to property!

JUDGMENT Kitanovska and Trajkovski v. North Macedonia 14.11.2023 (app. no. 71657/17 and 9 others) see here SUMMARY The applicants complained that the obligation to pay a fixed charge to a private heat supplier introduced by the State violated their peaceful enjoyment of their property (apartments) under Article 1 of the First Protocol to the Convention. […]

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Deprivation of freedom of asylum seekers, inhuman conditions of detention and lack of information about their rights. Violation of Articles 3 and 5 of the ECHR

JUDGMENT A.E. and T.B. v. Italy 16.11.2023 (app. no. 18911/17, 18941/17 and 18959/17) and W.A. and others v. Italy (app. no. 18787/17) see here SUMMARY All the applicants (nine in total) arrived in Italy in the summer of 2016. According to the applicants in the first case, on 17 and 19 August 2016 they were […]

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Retroactive application of a new shorter deadline for filing an application in a pending case! Violation of the right to access to court

JUDGMENT Legros and others v. France 09.11.2023 (app. no. 72173/17 and 17 others) see here SUMMARY The appeals of the applicants before the administrative courts concerning various issues were rejected as inadmissible with irrevocable decisions because during the litigation, a new shorter deadline for filing an appeal was applied with retroactive effect. The Court found […]

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Death of a protester from a shot in the head! Insufficient investigation and unnecessary use of weapons against protesters. Violation of the right to life

JUDGMENT Νika v. Albania 14.11.2023 (app. no. 1049/17) see here SUMMARY The case concerned the death of the applicants’ husband and father after he had been shot in the head in 2011 during a demonstration in front of the Albanian Prime Minister’s office. The protest had resulted in violent confrontations between demonstrators and the authorities. […]

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