Serious injury of minor on a construction site. A thorough judicial investigation is required

JUDGMENT Zinatullin v. Russia 28.01.2020 (no. 10551/10) see here   SUMMARY Right to life and judicial protection. Insufficient criminal investigation and inadequate compensation. The applicant, only 14 years old, was seriously injured when he fell through a gap on the floor of an unfinished building near his school. The building belonged to the municipality of his […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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Failure to pay compensation for expropriation violates the right to property. The lack of funds does not justify the no payment of the compensation.

JUDGMENT Vlastaris v. Greece 20.2.2020 (no.  43543/14) see here SUMMARY Forced expropriation in favor of the Municipality and obligation to pay compensation. A decision was taken by the Municipal Council of the Municipality of Aigaleo to force the expropriation of the applicant’s property for public benefit. According to the Constitution (Article 17), the final unit […]

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Overturning an acquittal decision by a court of last instance based on an expert opinion. Non-infringement of fair trial.

JUDGMENT Marilena-Carmen Popa v. Romania 18.02.2020 (no. 1814/11) see here  SUMMARY The case concerned criminal proceedings against the applicant for forgery. The Court found in particular that the Court of Cassation, the court of last instance in the case, had found the applicant guilty of an act of forgery, overturning a first-instance acquittal. The Court […]

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The return of refugees/immigrants who do not abide by the legal procedures does not violate the ECHR

J0UDGMENT N.D.  and N.T. v. Spain 13.02.2020 ( no. 8675/15 and 8697/15). see here  SUMMARY The case concerned the immediate return to Morocco of two nationals of Mali and Côte d’Ivoire who on 13 August 2014 attempted to enter Spanish territory in an unauthorised manner by climbing the fences surrounding the Spanish enclave of Melilla […]

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Reading pre-trial testimony from absent witnesses. Non-infringement of fair trial. Conditions for accepting depositions.

JUDGMENT Lobarev and others v. Russia 28.01.2020 (no. 10355/09, 14358/11, 12934/12, 76458/12, 25684/13 and 49429/14) see here  SUMMARY Fair trial and reading of testimony of absent witnesses. The applicants are Russian nationals. During the criminal trial in which they were indicted, pre-trial testimonies of absent witnesses were read and their conviction was heard. They complained about […]

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Freedom of expression: a judgment recapitulating case-law on the offence of propaganda in favour of terrorist organisations

JUDGMENT Özer v. Turkey 11.02.2020 (no. 3) (no.  69270/12) see here  SUMMARY The case concerned criminal proceedings brought against Mr Özer over an article published in his magazine. Mr Özer was prosecuted and convicted of the criminal offence of providing propaganda for a terrorist organisation, under section 7(2) of Law No. 3713. The Court reiterated […]

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Inadequate detention conditions are degrading treatment. ECtHR proposals to restrict temporary detention

JUDGMENT Sukachov v. Ukraine 30.01.2020 (no.  14057/17) see here  SUMMARY Detention conditions, inhumane and degrading treatment. Systemic problem and ECHR intervention. The applicant was arrested in 2012 on charges of involvement in terrorist acts, and has been provisionally detained in a Ukrainian detention facility until 2018, when he was convicted and sentenced to 12 years […]

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The storage of personal data by telecommunications companies does not violate the right to privacy

JUDGMENT Breyer v. Germany 30.01.2020  (no. 50001/12) see here  SUMMARY The case concerned the storage of pre-paid SIM card users’ data by telecommunications companies. The Court found in particular that collecting the applicants’ names and addresses as users of pre-paid SIM cards had amounted to a limited interference with their rights. The law in question […]

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Indefinite retention of DNA, fingerprints and photos of a convicted violated his privacy rights

JUDGMENT  Gaughran v. United Kingdom 13.02.2020 (no. 45245/15) see here  SUMMARY The case  concerned a complaint about the indefinite retention of personal data (DNA profile, fingerprints and photograph) of a man who had a spent conviction for driving with excess alcohol in Northern Ireland. The European Court of Human Rights held, unanimously, that there had been: […]

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