ECHRCaseLaw

Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

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Disciplining teacher for remarks incompatible with his duty of discretion, in particular concerning the 2015 terrorist attacks in Paris, was not disproportionate

JUDGMENT Mahi v. Belgium 03.09.20 (app. no. 57462/19) see here SUMMARY In its decision in the case of Mahi v. Belgium (application no. 57462/19) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerns the disciplinary transfer of a teacher of Islamic religion (Mr Mahi) on […]

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Police violence during the arrest of Roma suspects. Inhuman and degrading treatment. Ineffective research

JUDGMENT R.R. and R.D. v. Slovakia 01.09.2020  (app. no.  20649/18) see here   SUMMARY Police violence. Inhuman and degrading treatment. Right to an effective investigation. The applicants, belonging to the Roma tribe, were arrested during a police operation in an area of ​​their camp and severely beaten on the grounds that they had resisted. The Constitutional […]

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Access to a patient’s medical file and transfer to a foreign hospital. Interim measures and their lift.

Aleksey Navalnyy v. Russia 21.08.2020 and 24.08.20 SUMMARY Right to life and imminent danger. Request for interim measures so that Russia allows the patient’s family and their authorized doctors to access him and assess whether he is suitable for transport to Germany for treatment. The ECtHR initially accepted the interim measures and when the applicant […]

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The inability to examine in the second instance the imposition of a disproportionate customs fine, which was characterized like a criminal sanction, violated the ECHR

JUDGMENT Saquetti Iglesias v. Spain 30.06.2020 (app. no. 50514/13) see here  SUMMARY Undeclared transfer of 150,000 euros. Customs control and imposition of a huge fine, equal to the amount transferred. Criminal nature of the fine. Right to dual degree of jurisdiction in criminal matters. Impossibility of examination in a second instance jurisdiction, a heavy customs […]

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Prisoner suicide. Failure to take precautionary measures to protect a prisoner with suicidal tendencies. Violation of the right to life

JUDGMENT Frick v. Switzerland 30.06.2020 (app. no.  23405/16) see here   SUMMARY Prisoner suicide. Failure to take precautionary measures to protect the right to life. Failure to prevent suicide committed in an unusual way by a vulnerable detainee in a police cell, in which he had been placed alone and unattended for 40 minutes. According to […]

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Revocation of a residence permit of a person convicted of drug trafficking. No violation of family life

JUDGMENT Veljkovic-Jukic v. Switzerland 21.07.2020  (appl. no. 59534/14) see here SUMMARY The case concerned the withdrawal of the permanent residence permit of a Croatian national who has lived in Switzerland since the age of 14, because of her criminal conviction for drug trafficking, and her possible removal from Switzerland. The Court found that Switzerland had […]

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Conviction for an offense that was statute-barred. Violation of the principle nullum crimen, nulla poena sine lege

JUDGMENT Antia and Khupenia v. Georgia 18.06.2020 (app. no. 7523/10) see here  SUMMARY Statute of limitations, conviction and principle nullum crimen, nulla poena sine lege. The applicants were charged with breach of duty and convicted two years after the offense was committed, when the offense was now statute-barred. The Supreme Court upheld their conviction regarding […]

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The demolition of a house that was knowingly constructed in a forest area, did not violate the right to privacy

JUDGMENT Kaminskas v. Lithuania 04.08.2020 (app. no. 44817/18) see here SUMMARY Demolition of a house in a forest area and protection of the environment. Right to privacy. Court decision for demolition of an illegal building of the applicant, who built it in a forest area, knowing the forest character of the property. The applicant’s situation […]

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Immobilizing a suspect by foot during a police raid constitutes degrading treatment

JUDGMENT Mîţu v. the Republic of Moldova 30.06.2020 (app. no.  23524/14) see here SUMMARY Humiliating treatment and police violence. Ineffective research. Information on the presence of firearms in the applicant’s apartment. Use of violence against the applicant in her home because she refused to open the door despite the search warrant. The police officers grabbed […]

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ECHRCaseLaw

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