ECHRCaseLaw

The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

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Murder of 9 students and a teacher by an armed student. Police inaction to seize the weapon despite alarming indications. Violation of the right to life

JUDGMENT Kotilainen and others v. Finland 17.09.2020 (app. no. 62439/12) see here SUMMARY The case of Kotilainen and Others v. Finland (application no. 62439/12) concerned complaints about failures by the authorities to protect the lives of the victims of the 2008 school shooting in the town of Kauhajoki, in which 10 people were killed. Nine […]

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The Greek national Marialena Tsirli was elected the first female Registar of the European Court of Human Rights

The European Court of Human Rights’ Judges, sitting in plenary session, have  elected on the 7th of September 2020 Marialena Tsirli Registrar of the Court for a five-year term of office starting on 1 December 2020. Marialena Tsirli will succeed Roderick Liddell, who has been Registrar of the Court since 1 December 2015. Ms. Tsirli […]

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Immobilization of a mentally ill person in a hospital bed for 23 hours. Continuation of the measure of physical restraint without sufficient justification, violated the ECHR.

JUDGMENT Aggerholm v. Denmark 15-9-2020 (app. no. 45439/18) see here  SUMMARY The case concerned a complaint by a schizophrenic man about being strapped to a restraint bed in a psychiatric hospital for nearly 23 hours, one of the longest periods of such immobilisation ever examined by the European Court. Given the context and the applicant’s […]

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Death of a person during detention and the refusal of the authorities to provide information to relatives about the causes of death. Violation of the right to life and Article 3 of the ECHR

JUDGMENT Shuriyya Zeynalov v. Azerbaijan 10.09.2020  (app. no. 69460/12) see here  SUMMARY Death of a young man in custody. Non-issuance of forensic report to relatives. Prohibition of inhuman and degrading treatment, right to life and obligation of the state for effective investigation. The applicant’s son was arrested and remanded in custody for 5 days. He […]

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The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here  SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

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Failure to exercise a national effective remedy for breach of reasonable time in civil proceedings. The application is inadmissible

JUDGMENT Guravska v. Latvia 10.09.2020 (αριθ. 41553/18) see here SUMMARY Reasonable duration of civil proceedings in a civil property dispute. Effective national remedy. The ECtHR found that the applicant had access to a statutory effective remedy in relation to her complaint about the unreasonable length of the civil proceedings, in the form of a constitutional […]

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Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

JUDGMENT G.L. v. Italy 10.09.2020 (app. no.  59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

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The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

JUDGMENT Pervane v. Turkey 08.09.2020  (app. no.  74553/11) see here   SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

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Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here  SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

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ECHRCaseLaw

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