ECHRCaseLaw

Deprivation of citizenship due to terrorism-related offenses did not violate the right to privacy

JUDGMENT Ghoumid and others v. France  25.06.2020 (app. 52273/16, 52285/16, 52290/16, 52294/16 and 52302/16) see here SUMMARY The case concerned five individuals, formerly having dual nationality, who were convicted of participation in a criminal conspiracy to commit an act of terrorism. After serving their sentences they were released in 2009 and 2010, then stripped of […]

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Acid attack on a woman. Failure of the authorities to conduct an effective investigation. Violation of the procedural aspect of the right to life

JUDGMENT Tërshana v. Albania 04.08.2020 (app. no. 48756/14) see here SUMMARY The case concerned an acid attack on the applicant in 2009. She suspected that her former husband, whom she accused of domestic violence, was behind the attack. The Court found in particular that the State could not be held responsible for the attack. If […]

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Father’s indifference to communicate with his child for 8 years, who developed a bond with his step father. Removal of parental responsibility. Non-violation of the right to respect for family life

JUDGMENT Ilya Lyapin v. Russia 30.06.2020 (app. no.  70879/11) see here SUMMARY Father indifference to a child for 8 years and absolutely no communication for 7 years. Respect for family life and removal of parental responsibility from the father. The applicant father had not participated in his child’s life on his own initiative for 8 […]

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Torture by police officers that led to the death of a prisoner and a faulty investigation. Violation of the right to life and the prohibition of torture

JUDGMENT Satybalova and others v. Russia 30.06.2020 (app. no. 79947/12) see here   SUMMARY Torture by police. Involvement of serious bodily injuries and death of a victim. Right to life. Prohibition of torture. Right to freedom and security. The applicant’s relative, for refusing to obey police orders, was forcibly dragged to the police station, illegally […]

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Unjustified delay of the researches in an attempted homicide. Violation of the procedural part of the right to life

JUDGMENT Danciu and others v. Romania 12.05.2020  (αρ.προσφ.  48395/16)             see here  SUMMARY Right to life and ineffective judicial investigation. Violation of a procedural part of Article 2 of the ECHR. The applicants, relatives of the deceased spouse and their father, complained of a violation of Article 2 due to an ineffective investigation into the circumstances […]

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Arbitrary exclusion of a party 3 days before the parliamentary elections due to alleged use of undeclared foreign funds. Violation of the right to stand for elections

JUDGMENT Political Party “Patria” and others v. Republic of Moldova 04.08.2020 ( app. no. 5113/15, 14963/15, 15910/15) see here  SUMMARY Right to be elected and to ensure equal and fair conditions for all candidates in an election campaign. Exclusion of a party three days before the parliamentary elections due to alleged use of undeclared foreign […]

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Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here  SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property  with irrevocable decisions, however the Inventory Office refused […]

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The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

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Compulsory Vaccination Controversy, ECtHR and Fundamental Human Rights

Dr. Andraž Teršek, Professor of Constitutional Law, University of Primorska and New University (Slovenia)   Will people become (or remain?) “tight bunnies” considered as “fools,” or can we hope for judicial protection of fundamental human rights, based on common-sense evaluation and persuasive legal arguments?   Unimplemented Constitutional Court Decision In the late 2004 (yes, sixteen […]

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The deportation of an illegal alien who committed serious crimes did not violate his right to private life

JUDGMENT Pormes v. the Netherlands 28.07.2020  (app. no. 25402/14) see here   SUMMARY Continued deportation of a criminal and the right to privacy. The applicant entered the Netherlands with a visa at the age of just 4 and lived in that country until he was 26 years old. He never obtained a residence permit and many […]

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ECHRCaseLaw

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