Provision of meals to Jewish prisoners according to their religion. Respect for their religious freedom by the state authorities

JUDGMENT Erlich and Kastro v. Romania 09.06.2020 (no. 23735/16 and 23740/16) see here  SUMMARY The case concerned the provision of kosher meals to two Israeli prisoners of Jewish faith detained in a Romanian prison. The applicants complained of the failure of the Rahova Prison authorities to provide them with meals complying with the precepts of […]

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Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here   SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

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Protection of provocative protected witnesses! Non-infringement of the right to life

JUDGMENT Α and Β v. Romania 02.06.2020 (no. 48442/16) see here  SUMMARY The case concerned the applicants’ complaint about the protection provided for them as witnesses in a corruption case. The Court found in particular that the authorities had recognised that the applicants had faced a threat to their lives. However, it had taken some […]

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Life prisoners must be isolated for 10 years for 22.5 hours every day and exit the cell only with handcuffs. A systematic problem of humiliating treatment!

JUDGMENT N.T. v. Russia 02.06.2020 (no. 14727/11) see here SUMMARY  The case concerned the applicant’s complaint about routine handcuffing and various aspects of his strict imprisonment regime, which had been applied to him for several years on the sole grounds of his life sentence. The Court found in particular that the Government had neither justified […]

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Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe

Dr. Andraž Teršek Professor of Constitutional Law at the University of Primorska and New University, European Faculty of Law   Slovenian Constitution Slovenian Constitution safeguards general right to freedom of expression by Article 39. It reads as follows: “Freedom of expression of thought, freedom of speech and public appearance, freedom of the press, and other […]

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The delay in the return of unduly paid taxes and the unnecessary judicial actions of the tax authorities violated the right to property of the taxpayer!

JUDGMENT Antonov v. Bulgaria  28.05.2020 (appl. no. 58364/10) see here  SUMMARY Tax refund and delay in court decision enforcement. A large amount of taxes was wrongly charged to the applicant. He appealed before the domestic courts, which acquitted him and ordered the competent tax authority to return the money. Nevertheless, the tax authority, without providing […]

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Manipulation of shares. The imposition of fine is compatible with the ECHR

JUDGMENT Georgouleas and Nestoras v. Greece 28.5.2020 (no. 44612/13 and 45831/13) see here  SUMMARY Maintaining the proper functioning of the capital market. The plaintiffs as stockbrokers with methodical transactions on the share of the company DΚ, which were all carried out through specific stock exchanges, formed in a methodical way, the price and marketability of […]

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Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

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A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

JUDGMENT Makuchyan and Minasyan v. Azerbaijan and Hungary 26.05.2020 (no. 17247/13) see here  SUMMARY The case  concerned the presidential pardon given to a convicted murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence. R.S., a military officer from Azerbaijan, killed an Armenian military officer and attempted […]

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The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17)  see here   SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

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