ECHRCaseLaw

The fall of a tree on the highway and human death. Violation of the procedural part of the right to life by incomplete investigation in order to attribute liability

JUDGMENT Marius Alexandru and  Marinela Ştefan v. Romania 24.03.2020 (no. 78643/11) see here  SUMMARY Right to life and responsibility of the state. The applicants were on their car traveling on the highway when a tree fell on their vehicle. They were seriously injured while their parents and the applicant’s brother died. The Court reiterates that, […]

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Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

JUDGMENT Nikoloudakis v. Greece  26.3.2020 ( no. 35322/12) see here  SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

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Prohibition of minority participation in national elections. Violation of the right to free elections and the right to non-discrimination

JUDGMENT Cegolea v, Romania 24.03.2020 (no. 25560/13) see here SUMMARY Minorities and the right to free elections. A legal representative of an institution representing the Italian minority in Romania claimed to have been discriminated against over the right to vote in the parliamentary elections of 09.12.2012. The institution of which he was a member and […]

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The deportations do not violate the ECHR, as each deportee puts forward his arguments and his case is examined individually.

JUDGMENT  Asady and others v. Slovakia  24.03.2020 (no. 24917/15) see here SUMMARY  Collective expulsion of aliens. Examination by the authorities individually of each case. Non-violation of the ECHR. Deportation of Afghans to Ukraine by Slovak police. The Court examined only 7 of the 19 appeals. It found, in particular, that despite the short duration of […]

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Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

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The cousin cannot appeal before the Court for the death of her relative. Recognition of her as a political claimant by national courts does not constitute her as the victim

JUDGMENT Fabris and Parziale v. Italy 19.03.2020 (no. 41603/13) see here SUMMARY The cousin of the deceased sister and her appeal to Court as a victim of a violation of the procedural aspect of the right to life. Her application as a non-victim is inadmissible. Death of a prisoner during his detention and investigation. The […]

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The discontinuation of the disability pension due to the Insurance Fund doctor’s mistake and the refusal to pay compensation violated the right to property

JUDGMENT Grobelny v. Poland 05.03.2020  (no. 60477/12) see here  SUMMARY Discontinuation of disability pension due to mistakes made by doctors of the Insurance Fund. Non-payment of compensation to the insured. Violation of the right to property. The applicant had been declared incapable of working since 1994 and was awarded an invalidity pension. In a review […]

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The alienation of troubled parents from their children has violated their family life

JUDGMENT Hernehult v. Norway 10.3.2020  (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no.  39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

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Journalist’s condemnation for gloryfying violence and the kidnappers did not violated the freedom of expression

JUDGMENT Altıntaş v. Turkey 10.03.2020 (no.  50495/08) see here  SUMMARY The case concerned a judicial fine imposed on Mr Altıntaş for an article published in 2007 in his periodical Tokat Demokrat, describing the perpetrators of the “Kızıldere events”, among others as “idols of the youth”. The events in question took place in March 1972, when […]

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Denying the request for conscientious objection to a claimant who did not provide sufficient evidence was in accordance with the ECHR.

JUDGMENT Dyagilev v. Russia 10.3.2020 (no. 49972/16) see here SUMMARY The case concerned the procedure in Russia for examining requests to replace compulsory military service with its civilian alternative. The applicant in the case, a recent graduate, complained that the authorities had refused his request because they found that he was not a genuine pacifist. […]

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ECHRCaseLaw

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