Saturday, 27 April 2013

ECtHR case-law weekly brief (11-15 Mar 2013)

Fatal shooting by a gendarme of a passer-by during a demonstration and subsequent ineffective investigation and lengthy proceedings (violation of 2 and 6 § 1 in Aydan v. TUR)

Inadequate medical care in detention and hospital of an AIDS detainee and subsequent death, also amounting to inhuman treatment for the applicant’s mother; non-compliance with the Court’s interim measures (violation of 2, 3 and 34 in Salakhov and Islyamova v. UKR)

Medical assistance during detention of applicant with special needs (no violation of 3 in Zarzycki v. POL)

Disappearances in Chechnya following intrusion of officials in the family homes and taking away of the applicants relatives (violation of 2, 3, 5, 8, 13 and 34 in Alpatu Israilova v. RU and Avkhadova and Others v. RU)

Conditions of detention, fairness of redress proceedings and fair trial guarantees in criminal proceedings leading to the applicant’s conviction (violation of 3, 6 § 1 and 6 § 3 c and d in Insanov v. AZE)

Unlawful detention pending expulsion and impossibility to challenge it (violation of 5 §§ 1 and 4 in Djalti v. BGR)

Lack of representation during appeal hearing in criminal proceedings (violation of 6 § 1 and 6 § 3 c in Krylov v. RU)

Refusal by national courts to examine a claim concerning a private transaction with a trade representation of a foreign State on account of the latter’s immunity (violation of 6 § 1 in Oleynikov v. RU)

Foreseeability of legal provisions on the basis of which the applicants have been convicted for being part of a banned organisation (violation of 7 for one applicant and no violation for the other in Kasymakhunov and Saybalatov v. RU)

Withdrawal of parental rights without adequate safeguards (violation of 8 in B.B. and F.B. v. GER)

Obligation for companies to provide to the tax authorities  copy of data from a shared computer server (no violation of 8 in Bernh Larsen Holding AS and Others v. NOR)

Chilling effect of a conviction of a political activist for insulting the French President (violation of 10 in Eon v. FR)

Inadmissible: Conviction for complicity to infringement of copyright legislation via Internet -„Pitate bay” (Neij and Sunde Kolisoppi v. SWE); Right to compensation for political repressions in the 1940s of Kalmyk ethnics (2716 cases v. RU)

Repetitive cases: Quashing of final judgments by supervisory review (RU); Delayed enforcement of judgments concerning a housing allowance (RU); Length of proceedings (GR, HUN, PRT); Unlawful expropriation of land (IT)

The Court’s related press releases:
Judgments 12 March
Judgments 14 March
 Aydan v. TUR
 Niej and Sunde Kolisoppi v. SWE
2716 cases v. RU
Bernh Larsen Holding AS and Others v. NOR
Salakhov and Islyamova v. UKR
Eon v. FR
Oleynikov v. RU

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