ECHRCaseLaw

Violation of the freedom of expression by not authorizing a producer to reproduce porn movies!

JUDGMENT Pryanishnikov v. Russia 10.09.2019 (no.  25047/05) see here  SUMMARY  License for reproduction of films, freedom of expression and protection of third party rights. The applicant, a producer of erotic films, owns the copyright for their distribution with valid distribution certificates. He requested that the films be distributed by the Russian Ministry of Press and […]

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Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here  SUMMARY  The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

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Abduction and multi-year detention of a sitizen until his murder. Violation of the right to life due to the failure to conduct effective investigations into the abduction and arrest of abductors and the investigation of the circumstances of the murder.

JUDGMENT Olewnik-Cieplinska and Olewnik v. Poland 05.09.2019 (no. 20147/15) see here  SUMMARY Abduction, detention by the kidnappers for a long time and the killing of the abductee despite the payment of ransom by his relatives. The case concerns the abduction of the applicants’ brother and son. The victim was abducted in 2001, when he was 25 years old. He […]

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Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

JUDGMENT  Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019  see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

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Marriage between “ex-” brothers- and sisters-in-law. Annulment of marriage after 10 years of marriage and after the Greek authorities had issued a marriage license. The cancellation of the marriage by the Greek courts violated the right to marriage. Condemnation of Greece

JUDGMENT Theodorou and Tsotsorou v. Greece 5.09.2019 (appl. no. 57854/15) see here SUMMARY  The case concerned a judicial decision annulling the marriage of Ms Tsotsorou and Mr Theodorou on the grounds that Ms Tsotsorou was Mr Theodorou’s former sister-in-law. On the basis of Article 1357 of the Civil Code – which prohibits, in particular, marriage […]

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Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY  Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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Review of the ECHR decision. The Court awards the deceased’s damages to his mother.

JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY  Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]

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The damages awarded by the national courts must restore the victim to the position he was in before his right was infringed.

JUDGMENT Portanier v. Malta 27.08.2019 (no. 55747/16) see here SUMMARY  Rental application. Restitution of the victim of a violation of rights. Appeal on domestic legal protection in case of infringement of property rights. Although the national courts acknowledged that the applicant’s right to own property as a lessor had been infringed, they were awarded minor […]

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Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

JUDGMENT Magnitskiyiy and others v. Russia  27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY  Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

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Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

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ECHRCaseLaw

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