ECHRCaseLaw

Conviction of the applicant by the Second Instance Court, following an appeal brought by the Prosecutor in an acquittal decision. The court has violated the principle of fair trial because it did not re-examine the co-defendants and witnesses, but was content with their initial statements.

JUDGMENT  Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]

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Wild beating of suspect during police interrogation for attempted rape of a minor. 8 years of ineffective investigation by the authorities regarding the conditions of the injuries constitutes inhumane and degrading treatment.

JUDGMENT  Gogaladze v. Georgia 18.07.2019 (no.8971/10) see here SUMMARY  Ill -treatment of a suspect for the offense of raping a minor by  police officers. The applicant was arrested and interrogated for the offense of the rape of a minor. Two months after the incident and while he was in pre –trial detention, he complained of […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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Non enforced housing court decision. The right to bring an action for the non-enforcement of the judgment and the existence of favorable case-law on compensation. The application is inadmissible.

JUDGMENT  Bouhamla v. France  18.07.2019 (no. 31798/16) see here SUMMARY  The case concerned the enforcement of a final judicial decision granting housing to the applicant under the law on the enforceable right to housing. The applicant was ultimately rehoused but he failed to apply to the administrative courts for compensation in respect of the period […]

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Fishing in a coastal basin by a fishing company that had rights in rem. Arbitrary governmental interference and eviction without payment of damages violated the right to property.

JUDGMENT Zappa S.A.S. v. Italy  04.07.2019 (no. 43842/11) see here  SUMMARY Fish farming, property rights,  state intervention. The applicant company had secured its property rights in “fishing valleys” in the province of Venice lagoon for a number of years when, after about 18 years, it received a state order to vacate those water bodies on […]

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The confiscation of all the undeclared cash of a passenger who failed to declare it violated property right.

JUDGMENT Sadocha v. Ukraine 11.07.2019 (no. 77508/11) see here  SUMMARY  Confiscation of the entire amount of foreign exchange, which came from a lawful cause, of the applicant-traveler from the customs office as a penalty for non-declaration of the cash. The applicant, a Czech national, traveled from Ukraine to Poland and during the luggage check 31,000 […]

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Compensation for terrorists relatives and the presumption of innocence.

JUDGMENT  Larrañaga Arando and others v. Spain (no. 73911/16, 233/17, 3086/17 and 5155/17) and Martínez Agirre and others (no. 75529/16 and 79503/16) 18.07.2019 SUMMARY  Presumption of innocence and compensation for death of a relative by terrorists. The applicants complained under Article 6 § 2 (presumption of innocence) that they had been denied the state compensation they were entitled […]

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Homocide and investigation in order for the case to be solved. The refusal to conduct a second investigation does not constitute a breach of the right to life.

JUDGMENT  Miller v. United Kingdom  25.07.2019 (no. 32001/18) see here SUMMARY  19-year-old murder and investigation. The applicant complained under Article 2 of the ECHR (right to life) that the United Kingdom authorities had not conducted an effective investigation into the killing of his  son and other members of the Royal Military Police (RMP) in Iraq […]

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Conviction for comments in an election campaign brochure violated the freedom of expression.

JUDGMENT  Brzeziński v. Poland  25.07.2019 (no. 47542/07) see here  SUMMARY  Comments on an election campaign brochure and the freedom of expression. The Court noted that the contested statements had been made in the context of a debate on issues which were important for the local community. It held that the language used in the brochure […]

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Does the non compliance with the examination procedure of witnesses affect the principal of fair trial?

JUDGMENT Shala v. Switzerland 25.07.2019  (no. 63896/12) see here SUMMARY  Failure to inform criminal trial witnesses of their right to consular assistance. Intentional homicide and fair trial. No infringement. The applicant is sentenced by the Swiss courts for murder in the context of a blood feud. Complaints of infringement of fair trial. The applicant criticized […]

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ECHRCaseLaw

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