A minor was classified as an adult in a migrant camp. Condemnation of Greece for lack of procedural guarantees for age determination and for degrading conditions

JUDGMENT T.K. v. Greece 18.01.2024 (app. no. 16112/20) see here SUMMARY The applicant, upon his arrival at a camp in Samos, was registered as an adult. The applicant claimed that he had produced a copy of a birth certificate where the date of birth proved that he was a minor at the relevant time. However, […]

Encumbering of a flat owned by the applicant by virtue of an ex lege unpaid easement created by the property restitution legislation in favour of a housing cooperative: no violation

JUDGMENT Wiegandová v. the Czech Republic 11.01.2024 (app0 no. 51391/19) see here SUMMARY Encumbrance of the applicant’s apartment property by virtue of an ex lege security interest (usufruct) in real property under a statutory provision in favour of a housing association. The apartment was built by the former communist regime. The applicant sought the termination […]

The monitoring and publication of emails of a political party member by his own party did not violate the right to respect for privacy and correspondence!

JUDGMENT Tena Arregui v. Spain 11.01.2024 (app. no. 42541/18) see here SUMMARY The case concerned the collecting and release of some of Mr Tena Arregui’s emails by the UPyD party (of which he had been a senior member) during an operation to monitor suspicions that other members had made backroom deals with the Ciudadanos party. […]

Inappropriate treatment during the detention of a mentally ill person in a prison psychiatric hospital. Violation of Articles 3 and 5 of the ECHR

JUDGMENT Miranda Magro v. Portugal 09.01.2023 (app. no. 30138/21) see here SUMMARY The case concerned Mr Miranda Magro’s preventative detention, which had been ordered by the courts following a finding in 2019 that he was not criminally responsible for a number of alleged offences owing to his mental disorder (having been diagnosed with paranoid schizophrenia […]

Extraordinary appeal by the Attorney General annuls an irrevocable court decision after 11 years! Conviction for setting up an unlawful court and violation of privacy!

JUDGMENT Lech Wałęsa v. Poland 23.11.2023 (app. no. 50849/21) see here SUMMARY The case concerned a civil suit that Mr Wałęsa had taken against a former friend and associate, Krzysztof Wyszkowski, who had accused him publicly of collaboration with the secret services under the communist regime. Although he had won the case, the final judgment […]

Unnecessary provisional detention, seizure of accounts in violation of the principle of proportionality and unnecessary press releases to inform the public. Conviction for multiple violations of the ECHR

JUDGMENT Narbutas v. Lithuania 19.12.2023 (app. no. 14139/21) see here SUMMARY The case concerned various remand measures applied against Šarūnas Narbutas in the context of a high-profile criminal investigation relating to his involvement in the acquisition by the Lithuanian Government of more than 300,000 covid-19 tests from a Spanish pharmaceutical company in March 2020. At […]

The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

Non-payment of outstanding wages to a police officer due to his conviction for bribery. Violation of due process

JUDGMENT Korgun v. Ukraine 14.12.2023 (app. no. 68907/14) see here SUMMARY Arrest and conviction of a police officer for bribery. During a disciplinary investigation the police officer was suspended and after his conviction he was placed on permanent leave. From the day of his arrest until the day of his dismissal, he was not paid […]

The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

JUDGMENT Tadić v. Croatia 28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

Illegal arrest, detention and conviction of two men on charges of espionage. Violation of personal liberty and due process

JUDGMENT O.J. and J.O. v. Georgia and Russia 19.12.2023 (app. no. 42126/15 and 42127/15) see here SUMMARY Arrest, detention and conviction of two men on charges of espionage in the Autonomous Republic of Abkhazia – the region of Georgia currently outside the de facto control of the Georgian government. The Court found that while Georgia […]