Significant delays in the investigations into the death of 26 and the injury of 300 people from an ammunition explosion! Violation of the procedural part of the right to life

JUDGMENT Durdaj and others v. Albania 07.11.2023 (app. no. 63543/09, 46707/13, 46714/13 and 12720/14) see here SUMMARY The case concerned an explosion, on 15 March 2008, at a facility in Gërdec set up by the State authorities for dismantling decommissioned and obsolete weapons, machinery and equipment of the armed forces. In total, 26 people died […]

Defendants were placed in a metal cage during the trial! Conviction for degrading treatment

JUDGMENT Klyachkov and others v. Russia 02.11.2020 (app. no. 38521/16 and others). see here SUMMARY The defendants in the hearing procedure were placed throughout the duration of the trial in a metal cage inside the courtroom. The ECtHR reiterated that such a practice is in itself an affront to human dignity and constitutes degrading treatment. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]