ECHRCaseLaw

The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here  SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

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Fair trial is infringed when the Turkish Football Federation Arbitration Tribunal is not independent and impartial as it is appointed and influenced by the Federation

JUDGMENT Ali Riza and others v. Turkey 28.01.2020 (no.  30226/10, 17880/11, 17887/11, 17891/11 and 5506/16) see here SUMMARY Football disputes and violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights on account of the lack of independence and impartiality of the body, the Arbitration Committee of […]

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The continued detention of a severely psychopathic criminal in a psychiatric detention center because he continues to pose a threat to public safety has not violated his right to liberty nor constitutes inhuman treatment.

JUDGMENT Maddalozzo v. Switzerland 16.01.2020 (no. 19338/18) see here  SUMMARY The case concerned an order for continued psychiatric detention after a prior five-year prison sentence. The order had been issued on 8 December 2016 by the post-sentencing court of the Canton of Geneva. The Court considered, first of all, that the applicant had been provided […]

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An eight-year-old deaf child with intellectual disabilities was tied to his bed in public care “for his own safety”. Inhuman and degrading treatment

JUDGMENT L.R. v. North Macedonia 23.01.2020 (no. 38067/15) see here SUMMARY The case  concerned a child, L.R., who has been in the care of State-run institutions since he was three months old and allegations of inadequate care and ill-treatment. His case came to the notice of an NGO when the Ombudsman visited him in an […]

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Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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Failure to suspend expulsion of an allien following judicial remedies violates the European Convention on Human Rights

JUDGMENT D. and others v. Romania 14.01.2020 (no. 75953/16) see here  SUMMARY The case concerned an order for the expulsion to Iraq of an Iraqi national following his conviction in Romania for having facilitated the entry to Romania of persons involved in terrorist activities (a migrant smuggling offence). The European Court of Human Rights held, […]

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Conviction of journalist and publishing director for publishing an article on a journalist’s assassination violates the freedom of expression

JUDGMENT Magosso and Brindani v. Italy 16.01.2020 (no. 59347/11)  see here SUMMARY The case concerned the conviction for defamation of two applicants, a journalist and a publishing director, following the publication of an article concerning the murder of the journalist Walter Tobagi in 1980 by a terrorist group close to the Red Brigades. With regard […]

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Holding part of a murder trial behind closed doors did not violate the right to a fair trial

JUDGMENT Yam v. United Kingdom 16.01.2020 (no. 31295/11) see here  SUMMARY Trial for intentional homicide trial was held behind closed doors for the testimony of some witnesses. The national court ruled that this part of the proceedings should have been held behind closed doors for reasons of national security. The Court in particular found that […]

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Mobile phone application for photographing and disseminating invalid ballots online and the freedom of expression

JUDGMENT Magyar Kétfarkú Kutya Párt v. Hungary 20.01.2020 (no. 201/17) (GRAND CHAMBER) see here SUMMARY The case concerned a political party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016. The Court found in particular that the provision of domestic election law […]

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The conviction of a drug dealer that did not rely solely on the testimony of a co-defendant but also on other evidence does not infringe the fair trial. A higher degree of judicial scrutiny must be applied to the assessment of witnesses of co-defendants.

JUDGMENT Stephens v. Malta (no. 3)  14.01.2020 (no. 35989/14) see here  SUMMARY The applicant was convicted of drug trafficking and sentenced to 25 years prison. According to the applicant, the domestic courts convicted him on the basis of the testimony of one of his relatives at the trial, according to which the drugs found on […]

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ECHRCaseLaw

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