Saturday, 27 April 2013

ECtHR case-law weekly brief (1-5 Apr 2013)

Ill-treatment in police custody and lack of effective subsequent investigation (violation of 3 in Markaryan v. RU)

Conditions of detention (violation of 3 in Olszewski v. POL and in Ivakhnenko v. RU)

Lack of fair hearing on account of last instance court not being constituted according to national provisions (violation of 6 para. 1 in Momcilovic v. SER)

Wrong assessment of expert opinion in criminal proceedings against the applicant and refusal to allow testimony (violation of 6 para. 1 and 3 d in C.B. v. AUT)

Lack of access to court and of fair hearing in proceedings concerning the payment of agricultural marketing charges (violation of 6 para. 1 in Julius Kloiber Schlachthof GmbH and Others v. AUT)

Defamation proceedings against the president of Moscow City Bar for critical statements on live TV about the conduct of authorities in the Khodorkovskiy case ( violation of 10 in Reznik v. RU)

Legislation regulating access to higher education found as within the State's discretion (no violation of 2 Prot. 1 in Tarantino v. IT)

Just satisfaction (Article 41) awarded following prior judgment on merits, finding a violation of 1 Prot. 1 on account of unjust expropriation of a flat in central Moscow (Tkachevy v. RU)

Repetitive cases - length of proceedings (IT, PRT, RO, TUR, UKR) and lack of appropriate remedy ( PRT, TUR)

The Court’s related press releases: Reznik v. RU Tarantino v. IT

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