ECHRCaseLaw

Ill treatment and injury of a prisoner by prison officers. Conviction for inhuman and degrading treatment

JUDGMENT Miljak  v. Croatia 16.01.2024 (app. no. 15681/18) see here SUMMARY Ill treatment of a prisoner by prison officials and lack of effective investigation into the incident. The applicant was randomly selected for a search of his cell. While he was warned not to touch anything in the cell during the search he asked if […]

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The revocation of the licence of a church whose priest joined the Old Calendarists did not violate religious freedom

JUDGMENT DIETHNIS AKADIMIA AGIOS KOSMAS O AITOLOS v. Greece (App. no. 9025/15) SUMMARY The applicant retained the right of common use of the church, which it had otherwise donated as real estate to the municipality. A few years after the opening of the church, the president of the applicant organisation joined the Old Calendarist Church. By […]

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Disclosure of sensitive personal data of HIV-positive persons following a public prosecutor’s order and without their consent. Violation of private life

JUDGMENT O.G.  and others v. Greece 23.01.2024 (app. no. 71555/12 and 48256/13) see here SUMMARY The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also […]

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Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

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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, […]

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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 […]

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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. […]

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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 […]

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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 […]

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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 […]

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ECHRCaseLaw
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