ECHRCaseLaw

Freezing of company assets during a criminal investigation. Violation of the right to respect of property

JUDGMENT Gration Treyd, TOV v. Ukraine 22.02.2024 (app. no. 9166/14) see here SUMMARY Seizure of the applicant company’s assets by the prosecuting authorities for approximately eight months. The applicant is a limited liability company specialising in the manufacture of CD-ROMs. Following a search of the company’s premises in the context of a criminal investigation into […]

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Detention of minor asylum seekers after declaring that they were minors. Violation of personal liberty

JUDGMENT M.H. and S.B v. Hungary 22.02.2024 (app. no. 10940/17 and 15977/17) see here SUMMARY The applicants entered Austria and applied for asylum. They were detained for 3 months despite being minors. The applicants’ initial statements that they were adults could not justify the rejection of their claim that they were minors without taking appropriate […]

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The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Disclosure to the press of a telephone conversation and storage of personal data in the context of a criminal investigation without the applicant being a suspect! Violation of the right to private life

JUDGMENT Kaczmarek v. Poland 22.02.2024 ( app. no. 16974/14) see here SUMMARY The applicant was the wife of a minister at the time in question. In the context of a criminal investigation into corruption involving her husband, telephone conversations with her husband and son were published in the press. Personal data contained in these conversations […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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Death by drowning following a police pursuit. Inadequate investigation by the authorities violated the procedural aspect of the right to life

JUDGMENT Elibashvili v. Georgia 22.02.2024 (app. no. 45987/21) see here SUMMARY Death of the applicant’s son by drowning in a river after being chased by the police for exceeding the speed limit. During the chase, the police lost track of him and did not search for him further. Two days later, the body of the […]

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Detention of a psychiatric patient in inappropriate conditions. Degrading treatment, and violation of personal freedom

JUDGMENT I.L. v. Switzerland (no. 2) 20.02.2024 (app. no. 36609/16) see here SUMMARY  The case concerned the lawfulness of the applicant’s detention as part of an institutional therapeutic measure imposed on him, together with his detention conditions and the time taken to examine his application for release. The Court found that the applicant’s detention in […]

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Disciplinary sanction against a judge for his Facebook posts on matters of public interest. Violation of freedom of expression

JUDGMENT Danileţ v. Romania 20.02.2024 (app. no. 16915/21) see here SUMMARY The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in […]

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Dismissal of a bank employee for sending a critical email against a senior bank executive. Violation of freedom of expression

JUGMENT Dede v. Turkey 20.02.2024 (app. no. 48340/20) see here SUMMARY The case concerned the dismissal of a bank employee for having sent an email to the staff of his company’s human resources department criticising a senior executive’s management methods. The employer considered that the email had caused a nuisance which had disturbed peace and […]

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ECHRCaseLaw
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