ECHRCaseLaw

Failure to examine defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated the freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no. 36226/11) see here SUMMARY The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination

JUDGMENT Baralija v. Bosnia and Herzegovina 29.10.2019 (no.  30100/18) see here  SUMMARY  The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination. Right to vote – stand for election, legal void, democratic legitimacy. The applicant, a resident of the Mostar […]

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The delay in reconnecting mother and daughter was mandated by a court investigation after allegations of sexual abuse. No violation of family life.

JUDGMENT  Stankūnaitė v. Lithuania 29.10.2019 ( no.  67068/11) see here  SUMMARY  The case concerned complaints by the applicant about care decisions related to her daughter and delays in reuniting them. The Court found in particular that the authorities had acted with the requisite diligence in the care proceedings: they had had first to wait for […]

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Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

JUDGMENT  Kuzhelev and others v. Russia 15.10.2019 (no.  64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here  SUMMARY  Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred  to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

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The non investigaton of the applicant’s allegations from the domestic courts regarding ill treatment during pre trial detention is unacceptable in behalf of the Court

JUDGMENT Almaši v. Serbia  08.10.2019 (no.  21388/15) see here  SUMMARY Ill – treatment, unreliable testimony and right to representation. The applicant was arrested for illegal entry and of people smuggling.  At the preliminary investigation stage, he alleged that he had been ill- treated,  resulting in an unreliable testimony and complained that he was not allowed […]

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Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18).  see here  SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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Withdrawal of a gun licence of a person with a criminal record does not violate the ECHR

JUDGMENT Ilinca v. Romania 24.10.2019 (no. 50882/15) see here SUMMARY Withdrawal of a permit authorising the possession of firearms. Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, Mr Ilinca submitted that the domestic courts’ decisions had lacked sufficient reasoning and had been based on secret information to which […]

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ECHRCaseLaw

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