ECHRCaseLaw

The applicant didn’t prove that he would be at risk of inhuman or degrading treatment if he were to be deported. Rejection of the application

JUDGMENT U. v. France 15.02.2024 (app. no. 53254/20) see here SUMMARY The case concerned the procedure to remove the applicant, a Russian national of Chechen origin, to Russia. The applicant’s refugee status had been revoked on account of the serious threat his presence in France posed to State security. The applicant submitted that the implementation […]

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A court in another trial regarding a co-defendant cited the entire name of the applicant as an accessory to the commission of offences! Breach of the right of the presumption of innocence

JUDGMENT Krátky v. Slovakia 15.02.2024 (app. no. 35025/20) see here SUMMARY Infringement of the presumption of innocence of the applicant when, in the context of criminal proceedings against a co-defendant, his full name was mentioned. In particular, the co-defendant entered into a plea bargain with the prosecution and was eventually found guilty of membership of […]

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Inadequate and ineffective investigation of alleged rape of a tourist. Greece was condemned for violating the respect for privacy and the procedural part of Article 3

JUDGMENT X. v Greece 13.02.2024 (application no. 38588/21) see here SUMMARY The case concerned the applicant’s allegations that the Greek authorities had not carried out an effective investigation into her accusation that she was raped by a hotel bartender in September 2019 when she was 18 years old and on holiday with her mother, and […]

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Refusal to grant the applicant the status of disabled person on the ground that no oral procedure was held. Infringement of the right to a fair trial

JUDGMENT Duric v. Serbia 06.02.2024 (app. no. 24989/17) see here SUMMARY The applicant applied to the competent administrative courts for recognition as a war invalid because at the age of only 13 he was injured by the remains of an explosive device from an earlier armed conflict that had not been destroyed. His request was […]

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Police restraint of demonstrators violated their right to freedom of movement, expression and assembly

JUDGMENT Auray and others v. France  08.02.2024 (app. no. 1162/22) see here SUMMARY The case concerned the applicants’ containment for several hours on Place Bellecour in Lyons on 21 October 2010, during a demonstration against a pension reform bill. Having noted that the reason for cordoning off Place Bellecour had been to separate and contain […]

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Jehovah’s Witness arrested and religious books confiscated. Violation of religious freedom

JUDGMENT Hamzayan v. Armenia 06.02.2024 (app. no.  43082/14) see here SUMMARY The applicant lives in Yerevan. She is a Jehovah’s Witness. On 23 February 2013 the applicant and her friend, A.H., visited interested persons in the town of Shushi to discuss the Bible, including an elderly woman, N., with whom A.H. was acquainted and who […]

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Publication of the name of an alleged victim of sexual abuse by the alleged rapist in a book he published. No violation of the right of freedom of expression

JUDGMENT Ramadan  v. France 01.02.2024 ( app. no. 23443/23) see here SUMMARY The case concerned the applicant’s conviction for having disseminated information about the identity of the presumed victim of a rape for which he was facing trial. The Court noted that the domestic courts had clarified the concept of a “victim” for the purposes […]

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Judge participated in the examination of an appeal on points of law, despite having served as head of the Attorney General’s Office during the period when his subordinate prosecutors brought the appeal on points of law in question. Breach of objective impartiality

JUDGMENT Ugulava v. Georgia (no. 2) 01.02.2024 (app. no. 22431/20) see here SUMMARY In December 2013, the applicant, a politician, who at the time was acting as Mayor of Tbilisi, was charged with aggravated embezzlement. In January 2019, two prosecutors of the General Prosecutor’s Office appealed against the appellate decision to the Supreme Court. The […]

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Significant delay in processing claims for compensation for confiscated property. Violation of due process

JUDGMENT Kokalari v. Albania 30.01.2024 (app. no.  22493/12) see here SUMMARY In the 1940s several plots of land in Fier were seized by the Pesh family. The heirs filed petitions for restitution and compensation for the properties, but these petitions were filed. The process was continued, up to the ECHR, by the legal heirs from […]

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