ECHRCaseLaw

Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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Death by drowning following a police pursuit. Inadequate investigation by the authorities violated the procedural aspect of the right to life

JUDGMENT Elibashvili v. Georgia 22.02.2024 (app. no. 45987/21) see here SUMMARY Death of the applicant’s son by drowning in a river after being chased by the police for exceeding the speed limit. During the chase, the police lost track of him and did not search for him further. Two days later, the body of the […]

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Detention of a psychiatric patient in inappropriate conditions. Degrading treatment, and violation of personal freedom

JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY  The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]

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Disciplinary sanction against a judge for his Facebook posts on matters of public interest. Violation of freedom of expression

JUDGMENT Danileţ v. Romania 20.02.2024 (app. no. 16915/21) see here SUMMARY The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in […]

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Dismissal of a bank employee for sending a critical email against a senior bank executive. Violation of freedom of expression

JUGMENT Dede v. Turkey 20.02.2024 (app. no. 48340/20) see here SUMMARY The case concerned the dismissal of a bank employee for having sent an email to the staff of his company’s human resources department criticising a senior executive’s management methods. The employer considered that the email had caused a nuisance which had disturbed peace and […]

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The applicant didn’t prove that he would be at risk of inhuman or degrading treatment if he were to be deported. Rejection of the application

JUDGMENT U. v. France 15.02.2024 (app. no. 53254/20) see here SUMMARY The case concerned the procedure to remove the applicant, a Russian national of Chechen origin, to Russia. The applicant’s refugee status had been revoked on account of the serious threat his presence in France posed to State security. The applicant submitted that the implementation […]

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A court in another trial regarding a co-defendant cited the entire name of the applicant as an accessory to the commission of offences! Breach of the right of the presumption of innocence

JUDGMENT Krátky v. Slovakia 15.02.2024 (app. no. 35025/20) see here SUMMARY Infringement of the presumption of innocence of the applicant when, in the context of criminal proceedings against a co-defendant, his full name was mentioned. In particular, the co-defendant entered into a plea bargain with the prosecution and was eventually found guilty of membership of […]

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Inadequate and ineffective investigation of alleged rape of a tourist. Greece was condemned for violating the respect for privacy and the procedural part of Article 3

JUDGMENT X. v Greece 13.02.2024 (application no. 38588/21) see here SUMMARY The case concerned the applicant’s allegations that the Greek authorities had not carried out an effective investigation into her accusation that she was raped by a hotel bartender in September 2019 when she was 18 years old and on holiday with her mother, and […]

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ECHRCaseLaw
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