ECHRCaseLaw

Inadmissibility appications before the ECtHR if similar allegations have been lodged before other jurisdictions, such as the Working Group on Arbitrary Detention of the United Nations Human Rights Council.

JUDGMENT  Doğan and Çakmak v. Turkey 06.06.2019 (no. 28484/10 and 58223/10) see here SUMMARY  Inadmissible applications  because the applicants had already filed a similar complaint before  another jurisdiction. Attempt of a military coup in Turkey. The Court found that the actions brought by the applicants were essentially the same as the petitions submitted to the […]

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Unlawful revocation of a professional license constitutes a violation of the right to property

JUDGMENT  Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY  Revocation of a license and deprivation of profession.  Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]

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Not releasing of a life sentenced prisoner consists of inhuman and degrading treatment. The sentenced person must always have the possibility of dismissing and granting a release

JUDGMENT Marcello Viola v. Italy 13.06.2019 (n 2) (no. 77633/16) see here   SUMMARY  Revision of life sentence. Inhuman and degrading treatment. The applicant has been sentenced to life imprisonment for serious offenses related to mafia criminal activities and murder, kidnapping, etc. His continued requests for prison leave and release on licence were rejected on […]

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The inadequate investigation of a patient’s death in a hospital consists of a violation of the right to life

JUDGMENT  Prizreni v. Albania  11.06.2019 (no. 29309/16) see here   SUMMARY Death of a hospitalized patient under non specified conditions. Authorities’  failure to carry out an adequate and effective investigation into the circumstances of the death and his treatment. Protection of life. The applicant’s brother passed away while being hospitalised for serious illness. The forensic investigation […]

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The Greek adventure of minor refugees. Degrading conditions of detention in police stations

JUDGMENT  Sh.D and  Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia (no. 14165/16) see here SUMMARY Detention conditions for minors and degrading treatment. Detention conditions in Greece, five unaccompanied minors from Afghanistan. With regard to the complaints against Greece under Articles 3 and 5 § 1 of the ECHR, the Court considered […]

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The imposition of a fine for stock market manipulation and the criminal prosecution for the same offense, consisted of violation of the principle “ ne bis in idem”

JUDGMENT  Nodet v. France  06.06.2019 (no. 47342/14) see here SUMMARY Excessive administrative fine for stock market manipulation. Alongside a criminal case was brought for the same case and a conviction followed. Clear prohibition of double conviction for the same offense. Principle ne bis in idem.The applicant, a financial analyst, was fined by the financial markets […]

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The refusal to appoint a teacher who was successful in a competition because of personal life issues and not because of professional incompetence, violated his right to privacy.

JUDGMENT Yilmaz v. Turkey 04.06.2019 ( no. 36607/06) see here  SUMMARY Unjustified interference with personal life. Refusal to appoint a teacher. The applicant, who came second to a teaching post abroad, was not appointed because of his personal life revealed by security investigation, in particular because he practiced  gender segregation and his wife’s dress code (veil).  […]

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The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY  Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

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The unjustified restrictions on remand pre -trial prisoners’ rights in terms of family visits, violates the right to protection of family life and constitutes a prohibited discrimination.

JUDGMENT Chaldayev v. Russia 28.05.2019 (no. 33172/16) see here   SUMMARY  Pre –trial  detention of a defendant and right to visit from family. The state has no right to lay down  restrictions on visits to relatives of pre-trial prisoners that are not considered appropriate and really  necessary. The applicant was held  on pre –trial detention and before […]

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The refusal to grant a residence permit for family reintegration reasons to a foreigner who presented false information did not violate the right to respect for privacy.

JUDGMENT  Abokar v. Sweden 06-06-2019 (no. 23270/16) see here SUMMARY Refusal by the Swedish authorities to grant the applicant a residence permit for reasons of family reintegration. The applicant had provided inaccurate information to the authorities on his identity and thus had problems in proving this, while he had no connection with Sweden except his […]

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ECHRCaseLaw

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