ECHRCaseLaw

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here  SUMMARY The case  concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

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Deportation of a minority citizen. Improving human rights and the Strasbourg case law change and approach.

JUDGMENT T.K. and S.R. v. Russia 19.11.2019 (no. 28492/15 and 49975/15) see here  SUMMARY The case  concerned the applicants’ allegation that they risked ill-treatment if extradited to Kyrgyzstan because they belonged to the Uzbek ethnic minority, who have been persecuted by the authorities since inter-ethnic clashes in 2010. The European Court of Human Rights held, […]

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The Court does not review decisions of national courts unless they are unreasonable or arbitrary

JUDGEMNT Sailing Club of Halkidiki ‘I Kelyfos’ v. Greece 21/11/2019 (applications nos. 6978/18 and 8547/18) see here   SUMMARY Halkidiki-based sailing group ” I Kellifos” has appealed to the Council of State due to a gradual increase in the mooring and berthing fees . That Court, after a series of postponements, dismissed the appeal because of a […]

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Lack of fair satisfaction due to excessive length of criminal proceedings violated the right to a fair trial within a reasonable time.

JUDGMENT  Papargyriou v. Greece 21.11.2019 (no.  55846/15) see here SUMMARY Failure to grant just satisfaction under Greek law for the excessive length of the criminal proceedings before the investigating authorities. In particular, the Court found that the procedure, which lasted more than 10 years and nine months at the pre-trial level, was too long, in […]

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The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

JUDGMENT Κ.Ο. and V.M.  v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY  Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

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The flash mobs * under the umbrella of the freedom of assembly

JUDGMENT Obote v. Russia  19.11.2019 (no.  58954/09) see here  SUMMARY The case concerned the applicant’s prosecution for taking part in a flash mob, which the courts viewed as a static demonstration requiring previous notification. The Court considered the flash mob a “peaceful assembly” and found that the reasons given by the domestic authorities to justify […]

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The conviction of the accused based on a witness deposition who testified against him because he had a personal benefit of impunity in his own case and the lack of access to the file violated the principles of fair trial.

JUDGMENT Adamčo v. Slovakia 12.11.2019  (no. 45084/14) see here  SUMMARY Reliability of witnesses, access to the case file and fair trial. The applicant was first acquitted of the charge of complicity in homicide. An appeal was filed by the Prosecutor who converted the charge from a mere accomplice to a perpetrator and was convicted by a […]

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The deportation of Iraqi to his country while his life was in danger, violated his right to life and constituted degrading and inhumane treatment.

JUDGMENT Ν.Α. v. Finland 14.11.2019 (no. 25244/18) see here SUMMARY The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of […]

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Slaughter of diseased animals: lack of compensation for a company which had failed to comply with health regulations did not infringe its property rights

JUDGMENT S.A. Bio d’ Ardennes v. Belgium 12.11.2019 (no. 44457/11) see here SUMMARY The case concerned the Belgian authorities’ refusal to compensate the applicant company for the compulsory slaughter of 253 head of cattle infected with brucellosis. The Court found, among other things, that the applicant company had been refused compensation because of numerous breaches […]

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Forced Expropriation. The critical time for determining the final value of an expropriation compensation unit is the time the discussion takes place where the substance of the case is being investigated in court.

JUDGMENT Tsigaras v. Greece 14-11-2019 (no. 12576/12) see here  SUMMARY  Without the payment of a reasonable amount of compensation proportionate to the value of the expropriated property, deprivation of property is generally an excessive violation of the right to peaceful enjoyment. The appropriateness of the compensation would be reduced if it were to be paid […]

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ECHRCaseLaw

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