ECHRCaseLaw

Imposition of a minimum fine that was not criminal in nature and criminal conviction. Non-violation of the principle ne bis in idem

JUDGMENT Prina v. Romania 01.10.2020 (app. no. 37697/13) see here SUMMARY The case concerned two penalties imposed on the applicant for acts allegedly committed in his capacity as head of the city’s technical department: an administrative fine and a suspended prison sentence. The Court reiterated that the first paragraph of Article 4 of Protocol No. […]

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The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]

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Condemnation of a citizen for sending two messages to a friend promoting a terrorist organization. Violation of freedom of expression

JUDGMENT SÜER v. Turkey 29-09-2020 (app. no. 77711/11) see here  SUMMARY Freedom of expression. Sending a message to a friend in fn the name of a terrorist organization. The applicant was accused of propaganda in favor of the PKK terrorist organization because he sent two messages to a friend, praising her. He was sentenced to […]

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The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20) PRINCIPAL FACTS The European Court of Human Rights received on the 28-9-2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules […]

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The exclusion of the non-biological father from communication with the child, with whom he had developed strong ties, violated the right to family life

JUDGMENT Fatkhutdinov v. Russia 29.09.2020  (App. no. 36335/18) see here SUMMARY Best interests of the child and parental care. Deprivation of parental care f a minor child by the applicant, who was deemed not to be his biological father, based on his refusal to undergo a DNA test and the testimony of a witness. The […]

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Loss of property due to illegal title. Bad faith pwner. Non violation of the right to respect of property

JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here  SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]

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Arrest and detention of a person accused of sexual assault after being identified by the victims. Subsequent acquittal. Non-violation of ECHR due to reasonable suspicion

JUDGMENT Bilal Akyıldız v. Turkey 15.09.2020 (app. no. 36897/07) see here SUMMARY Arrest and temporary detention of an applicant on suspicion of having committed a series of sexual assaults and attempted abductions of children. The applicant resembled the person depicted in a photograph of the alleged perpetrator, but was acquitted after the victims’ statements made […]

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Illegal pre-trial detention when linked to a prisoner’s political ideology violates his/her freedom of expression

JUDGMENT Ragıp Zarakolu v. Turkey 15.09.2020 (app. no. 15064/12) see here  SUMMARY Illegal detention and right to freedom of expression. The ECtHR ruled that when pre-trial detention is not legal, it should not consider whether interfering with freedom of expression has a legitimate purpose and is necessary in a democratic society. Illegal pre-trial detention linked […]

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Anonymous witnesses. The lack of objective grounds for granting anonymity to witnesses violated the right to a fair trial of the accused

JUDGMENT Vasilyev and others v. Russia 22.09.2020 (application no. 38891/08) see here  SUMMARY Anonymous witnesses in a criminal trial. Conviction of the applicants for incitement to hatred and participation in an organization banned due to extremist activity. The applicants alleged that their right to a fair trial had been violated because the national courts had […]

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Violent three-day beating of a prisoner by police in order for him to confess! Conviction for torture

JUDGMENT Χ. and Υ. v. Russia 22.09.2020 (app. no. 43411/06) see here SUMMARY Unjustified violence by police officers. Prohibition of torture and illegal detention. The first applicant was arrested at night while he was sleeping in the house of his mother and the second applicant. He was dragged to a local police station, beaten severely […]

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ECHRCaseLaw

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