ECHRCaseLaw

The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

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Non-payment of outstanding wages to a police officer due to his conviction for bribery. Violation of due process

JUDGMENT Korgun v. Ukraine 14.12.2023 (app. no. 68907/14) see here SUMMARY Arrest and conviction of a police officer for bribery. During a disciplinary investigation the police officer was suspended and after his conviction he was placed on permanent leave. From the day of his arrest until the day of his dismissal, he was not paid […]

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The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

JUDGMENT Tadić v. Croatia  28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

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Illegal arrest, detention and conviction of two men on charges of espionage. Violation of personal liberty and due process

JUDGMENT O.J. and J.O. v. Georgia and Russia 19.12.2023 (app. no. 42126/15 and 42127/15) see here SUMMARY Arrest, detention and conviction of two men on charges of espionage in the Autonomous Republic of Abkhazia – the region of Georgia currently outside the de facto control of the Georgian government. The Court found that while Georgia […]

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The ban on strikes by civil servants’ teachers did not take away the core of their freedom of association and did not violate the right of association

JUDGMENT Humpert and others v. Germany 14.12.2023 (app. no. 59433/18 and 3 others) see here SUMMARY The case concerned the disciplinary sanctions imposed on the applicants, teachers with civil-servant status, for having participated, during their working hours, in strikes organised by their trade union in order to protest against worsening working conditions for teachers. The […]

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Repeated refusal to register a human rights organisation due to failure to comply with legal formalities . Violation of the right of association

JUDGMENT Mariya Alekhina and others v. Russia 28.11.2023 (no. 2) (app. no. 10299/15) see here SUMMARY The case concerned the Russian authorities’ refusal to register the applicants’ human-rights organisation, “The Zone of Law”, which aimed to provide legal assistance to prisoners. The Court found overall that there had been a lack of detailed guidelines on […]

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Constitutional court with an illegitimate composition banned abortion for a woman whose fetus was diagnosed with Down Syndrome. Violation of privacy

JUDGMENT M.L. v. Poland 14.12.2023 (app. no. 40119/21) see here SUMMARY The applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital […]

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Difficulties in registering the birth of a person born abroad. Long delays in issuing birth certificates and identity cards. Violation of privacy

JUDGMENT G.Τ.Β. v. Spain 16.11.2023 (app. no. 3041/19) see here SUMMARY The case concerned attempts in Spain to register G.T.B.’s birth, which had taken place in Mexico. The Court found in particular that for the period from 2002-06, the Spanish authorities, despite sure knowledge that the documents needed could not be located in Mexico, had […]

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Investigation into circumstances of death of protesters lasted 23 years! Violation of the procedural part of Articles 2 and 3 of the ECHR

JUDGMENT Ștefan-Gabriel Mocanu and others v. Romania 12.12.2023  (app. no. 34323/21 and others) see here SUMMARY  The case concerned allegations made by the victims or the heirs of victims of the repression of antigovernment protests held in Bucharest in June 1990 as to the lack of an effective investigation. The Court found that, even after […]

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Imposing a disproportionately lenient sentence for sexual assault constitutes degrading treatment and an invasion of privacy!

JUDGMENT Vučković v. Croatia 12.12.2023  (app. no. 15798/20) see here SUMMARY The case concerned the sexual assaults that Ms Vučković, a nurse, suffered at the hands of an ambulance driver colleague while working shifts together. Her assailant was sentenced to 10 months’ imprisonment, but that sentence was commuted to community service on appeal. The Court […]

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ECHRCaseLaw
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