ECHRCaseLaw

A judge described his inspection report as biased. His disciplinary conviction violated his freedom of expression. Right to be criticized by those audited in the reports of the higher courts

JUDGMENT Guz v. Poland 15.10.2020 (app. no. 965/12) see here  SUMMARY Criticism of his inspection report by a judge. Disciplinary condemnation for the applicant’s expressions. His disciplinary conviction is a Violation of the judge’s freedom of expression. The applicant, a judge, was not promoted following the negative inspection report prepared by the Inspector Judge and […]

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Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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The conviction for fatal road accident did not violate the ne bis in idem principle because there had previously been a conviction for driving violations. Criminal prosecutions are complementary.

JUDGMENT Bajčić v. Croatia 08.10.2020 (app. no.  67334/13) see here  SUMMARY The case concerned the applicant’s complaint that he had been tried and punished twice for the same driving offence. In particular, he had first been convicted in minor offence proceedings for speeding and later on in criminal proceedings for causing a fatal road accident. […]

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The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

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Recall of a diplomat from her position due to pregnancy. The different treatment was justified to ensure the operation of the embassy.

JUDGMENT Napotnik v. Romania 20-10-2020 (app. no.  33139/13) see here  SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]

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Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

JUDGMENT Perovy v. Russia  20-10-2020 (app.  47429/09) see here SUMMARY The case  concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

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Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

JUDGMENT Gafiuc v. Romania 15.10.2020 (app. no. 59174/13) see here  SUMMARY The case concerned the withdrawal of the accreditation granted to a journalist to study the archives of the Securitate in order to conduct research into sports activities under the communist regime. In June and July 2009 the journalist published several articles in which he […]

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Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and  63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no.  49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

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The Court does not withdraw interim measures against Turkey to avoid actions against civilians in the Nagorno-Karabakh conflict!

JUDGMENT REGARDING INTERIM MEASURES  14.10.2020 SUMMARY Armenia-Azerbaijan conflict in Nagorno-Karabakh. Application for interim measures by Armenia and Turkey. The ECtHR called on all states directly or indirectly involved in the conflict, including Turkey, to refrain from actions that would violate the Convention’s rights against civilians and to respect their obligations under the Convention. The decision […]

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ECHRCaseLaw

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