ECHRCaseLaw

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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The discontinuation of the disability pension due to the Insurance Fund doctor’s mistake and the refusal to pay compensation violated the right to property

JUDGMENT Grobelny v. Poland 05.03.2020  (no. 60477/12) see here  SUMMARY Discontinuation of disability pension due to mistakes made by doctors of the Insurance Fund. Non-payment of compensation to the insured. Violation of the right to property. The applicant had been declared incapable of working since 1994 and was awarded an invalidity pension. In a review […]

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The alienation of troubled parents from their children has violated their family life

JUDGMENT Hernehult v. Norway 10.3.2020  (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no.  39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

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Journalist’s condemnation for gloryfying violence and the kidnappers did not violated the freedom of expression

JUDGMENT Altıntaş v. Turkey 10.03.2020 (no.  50495/08) see here  SUMMARY The case concerned a judicial fine imposed on Mr Altıntaş for an article published in 2007 in his periodical Tokat Demokrat, describing the perpetrators of the “Kızıldere events”, among others as “idols of the youth”. The events in question took place in March 1972, when […]

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Denying the request for conscientious objection to a claimant who did not provide sufficient evidence was in accordance with the ECHR.

JUDGMENT Dyagilev v. Russia 10.3.2020 (no. 49972/16) see here SUMMARY The case concerned the procedure in Russia for examining requests to replace compulsory military service with its civilian alternative. The applicant in the case, a recent graduate, complained that the authorities had refused his request because they found that he was not a genuine pacifist. […]

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Red card to Platini from Strasbourg! The penalty imposed on him was proportional

JUDGMENT Platini v. Switzerland 05.03.2020 (no. 526/18) see here SUMMARY The case concerned Michel Platini, a former professional football player, president of UEFA and vice-president of FIFA. Disciplinary proceedings had been brought against him in respect of a salary “supplement” of 2 million Swiss francs (CHF), received in 2011 in the context of a verbal […]

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Coup in Turkey. Temporary detention of Judge as suspected terrorist member violated ECHR

JUDGMENT Baş v. Turkey 03.03.2020 (no. 66448/17) see here   SUMMARY The case concerned the pre-trial detention of Mr Baş, a judge at the time, following the attempted coup of 15 July 2016. The Court found that according to the case-law of the Court of Cassation, a suspicion of membership of a criminal organisation could be […]

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Disciplinary proceedings against a notary for the transfer of public property to a monastery. The fair trial was not infringed

JUDGMENT Peleki v. Greece 05.03.2020  (no.  69291/12) see here  SUMMARY The case concerned disciplinary proceedings against the applicant, a notary by profession, after she was instrumental in the conveyance of State property to a monastery. The Court found that sufficiently thorough judicial scrutiny had been exercised by the Court of Appeal, which had remedied the […]

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Annulement of university degrees due to administrative flaws and omissions of the University violated the privacy of students

JUDGMENT Convertito and others v. Romania 03.03.2020 (no. 30547/14) see here  SUMMARY The case concerned the annulment, owing to administrative flaws, of State degrees in dentistry obtained by the applicants in Romania. The Court noted that the decisions to enrol the students in the first year of higher education had been issued and signed by […]

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ECHRCaseLaw

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