ECHRCaseLaw

Secret recording and video recording without a legal warrant for employee bribery. Violation of privacy. The fair trial was not infringed as the conviction was based on other evidence

JUDGMENT Hambardzumyan v. Armenia 05.12.2019 (no.  43478/11) see here SUMMARY The case concerned the applicant’s complaint that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. The Court found in particular that the warrant had not been specific enough about the person who was the […]

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Horizontal reduction in non-differentiated rent allowance to woman victim of domestic violence violates the ECHR

JUDGMENT J.D. and Α v. United Kingdom 24.10.2019  (no. 32949/17 and 34614/17) see here   SUMMARY The case concerned the applicants’ complaint that new rules on housing benefit in the social housing sector (informally known as “the bedroom tax”) discriminated against them because of their particular situations: the first applicant cares for a disabled daughter while […]

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Non-attendance of the party due to no service of summons violated the right to be heard

JUDGMENT Bacaksız v. Turkey  10.12.2019 (no. 24245/09) see here  SUMMARY First-instance judgment in absence of the party. Non-service of a party to the Court of Appeal. Right to be heard. The applicant was involved in a car accident which caused injuries to the drivers involved. In the criminal court he was acquitted, but in the […]

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The long-term ban on leaving the country has more serious consequences than that on a sitizen and violated the right to privacy. Extensive interpretation of criminal law and non-application of a more specific provision infringed Article 7 of the ECHR

JUDGMENT Parmak and Bakir v. Turkey 3.12.2019 (no. 22429/07 and 25195/07) see here  SUMMARY Legislative gap, broad interpretation of criminal law and proportionality principle. The applicants were charged with being involved with a terrorist organization and were banned from leaving the country only after their sentence had been imposed. Due to a legislative gap in […]

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Retroactive withdrawal of pensions that were granted over a long period, undermines legal certainty and infringes property rights

JUDGMENT Romeva v. North Macedonia 12.12.2019 (no. 32141/10) see here SUMMARY Peaceful enjoyment of property rights. Pension. Retrospective recall. Social insurance. The applicant, after legal proceedings, was granted a pension. The Fund, 7 years after retirement, re-examined the data and retrospectively withdrawn the pension without thorough scrutiny of the evidence. According to the ECtHR, any […]

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The seizure of computers do not consist evidence in criminal proceedings and the lengty and unnecessary retention of the seizure of assets violated the right to property

JUDGMENT OOO SK Stroykompleks and others v. Russia 17.12.2019 (no. 7896/15 and 48168/17) see here SUMMARY Proportionality principle and freezing of assets. Long and unnecessary confiscation of movable property. Violation of the right to property. The applicant companies and their principal shareholder have been frozen by their referral of the major shareholder of the companies […]

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The right of ownership was not violated by the revocation of the transfer of immovable property acquired by a non-owner. Deprivation of property must ensure a fair balance between the general interest and the individual right

JUDGMENT Maltsev and others v. Russia 17.12.2019 (no. 77335/14, 77417/14 and 77421/14) see here  SUMMARY The applicants acquired, through purchase and distribution, ownership of agricultural parcels and registered the relevant titles in the National Land Registry. The transfer was canceled because it was proved within a reasonable time, before investing in the land they purchased, […]

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In order to document responsible journalism, one must take into account in addition to the accurate and reliable information provided by journalist, his or her behavior. Irresponsible journalism is not covered by the protection of freedom of expression

JUDGMENT Zarubin and others v. Lithuania 19-12-2019 (no. 69111/17, 69112/17, 69113/17 and 69114/17) see here SUMMARY Protection of the public interest and freedom of expression. Deportation from Lithuania and a ban on the re-entry of four Russian journalists working for the Russian state broadcaster after their actions at a conference in Vilnius. The Court was […]

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The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

JUDGMENT A.S. v. Norway (no.  60371/15) Abdi Ibrahim v. Norway (no. 15379/16) SUMMARY The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a young age and then in the first case to refuse to terminate long-term foster care for the child and in the second to […]

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Exclusion of a candidate from parliamentary elections without sufficient guarantees. Violation of the right to free elections

JUDGMENT Abil v. Azerbaijan 5.12.2019 (no. 2) (appl. no. 8513/11) see here SUMMARY The case concerned the applicant being disqualified from running in parliamentary elections. The Court found that the procedures used by the election authorities, who had found the applicant liable for illegal campaigning before the permitted date, which had led to his disqualification, […]

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ECHRCaseLaw

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