ECHRCaseLaw

The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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The reasonable duration of the procedure is violated even if there is a contribution of the applicant to the delay, and the total duration is excessive

JUDGMENT Keaney v. Ireland 30.04.2020 (no. 72060/17) see here SUMMARY The case concerned a complaint about the length of civil proceedings following a failed business venture. It has also been chosen by the Court as a lead case in relation to the issue of effective domestic remedies in Ireland for complaints about excessive length of […]

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Prohibition of discribing a political party as “far-right” on television violates the freedom of expression

JUDGMENT ATV Zrt v. Hungary 28.04.2020 (no. 61178/14) see here  SUMMARY Freedom of expression and journalism. The National Media and Information Authority has banned a television company from describing a political party as “far-right” as part of a news program, as national media law has barred any “opinion” from the news presenter. The TV company […]

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Whipping as a form of punishment is abolished in Saudi Arabia!

Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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Unauthorized consent to obtain a DNA sample is equivalent to non-consent. Taking a saliva without real consent violates the right to privacy

JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]

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Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

JUDGMENT Murdalovy v. Russia  31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

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ECHRCaseLaw

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