ECHRCaseLaw

Loss of property due to limitation. Violation of the right to property

JUDGMENT Elif Kızıl v. Turkey 24.03.2020 (no. 4601/06) see here . SUMMARY The applicant purchased a property which she recorded in the land register. One year after the registration, her ownership became public ownership on the ground that the land was registered as an unknown owner. The applicant was informed of the registration when the […]

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Maltreatment of prisoners and lack of investigation into death and degrading treatment. Violations of the ECHR

JUDGMENT Cantaragiu v. Republic of Moldova  24.03.2020 (no. 13013/11) see here SUMMARY Right to life, prohibition of torture, effective investigation. The applicant, his brother and their father were arrested on suspicion of homicide. They were mistreated during their detention. The applicant’s brother died and the criminal proceedings against him were terminated. The Supreme Court ruled […]

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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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Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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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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ECHRCaseLaw

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