ECHRCaseLaw

The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no.  72916/10) see here  SUMMARY  Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

read more

Risk of torture for an Afghan citizen who converted to Christianity if expelled to his country of origin. His return would constitute a violation of Article 3 of the ECHR.

JUDGMENT Α.Α. v. Switzerland 5/11/2019 (no.  32218/17) see here   SUMMARY  Asylum, fear of persecution, torture, religion. The applicant, an Afghan citizen, arrived in Switzerland and applied for asylum on the grounds of persecution in his country of origin if he returned because he had converted to Christianity. His application was rejected and in the appeal, the domestic […]

read more

Reducing the penalty, instead of financial compensation, is an appropriate form of redress for unjustified detention.

JUDGMENT Porchet v. Switzerland  7.11.2019 (no.  36391/16) see here SUMMARY  The case concerned the applicant’s pre-trial detention in a 48-hour police custody facility and his compensation claim. By way of compensation for having unduly spent 16 days in an unsuitable facility, the applicant was granted a reduction of eight days in his prison sentence on […]

read more

Failure to examine the defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no.  36226/11) see here  SUMMARY  The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

read more

Freedom of expression also protects articles about professional matters that are not of public interest

JUDGMENT Herbai v. Hungary 05.11.2019 (no. 11608/15) see here SUMMARY  Web site articles for professionals and freedom of expression. Dismissal of the applicant from his job in the Human Resources Department due to his article on a website dealing with human resources issues. The Court found in particular that the national courts had not sufficiently […]

read more

Failure to examine defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated the freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no. 36226/11) see here SUMMARY The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

read more

The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination

JUDGMENT Baralija v. Bosnia and Herzegovina 29.10.2019 (no.  30100/18) see here  SUMMARY  The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination. Right to vote – stand for election, legal void, democratic legitimacy. The applicant, a resident of the Mostar […]

read more

The delay in reconnecting mother and daughter was mandated by a court investigation after allegations of sexual abuse. No violation of family life.

JUDGMENT  Stankūnaitė v. Lithuania 29.10.2019 ( no.  67068/11) see here  SUMMARY  The case concerned complaints by the applicant about care decisions related to her daughter and delays in reuniting them. The Court found in particular that the authorities had acted with the requisite diligence in the care proceedings: they had had first to wait for […]

read more

Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

read more
ECHRCaseLaw

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Decline all Services
Accept all Services