ECHRCaseLaw

A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Visit of the President of the ECtHR to Turkey. Remarks on respect for the rule of law, democracy and freedom of expression!

The President of the Strasbourg Court, Robert Spano, paid an official visit to Turkey on 3-5 September 2020, accompanied by Saadet Yuksel, the elected Judge of Turkey, and Hasan Bakirci, Deputy Registrar. During his visit, he was received by Mr. Erdogan, President of the Turkish Republic. During this meeting, President Spano discussed the situation in […]

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Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no.  17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

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Prosecution and conviction for founding a political party on a religious (Muslim) basis violated its freedom of association

JUDGMENT Yordanovi v. Bulgaria 03.09.2020 (app. no. 11157/11) see here SUMMARY The case concerned the complaint by the two applicants about criminal proceedings brought against them for attempting to set up a political party on a religious basis. They complained of unjustified interference with their right to freedom of association and also of discrimination against […]

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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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ECHRCaseLaw

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