Saturday, 27 April 2013

ECtHR case-law weekly brief (15-19 Apr 2013)

The authorities’ conduct in Cechnya resultingin the abduction, unlawful detention and death of the applicant’s son, ineffective ensuing investigation and the mental suffering of the applicant (violationof 2,3,5 and 13 in Askhabova v. RU)

Military raid after a clash between the security forces and the PKK, resulting in the unlawful detention of 13 people,the subsequent death of one and the disappearance and suspected death of the others, ineffective ensuing investigation and the suffering effect on their families (violation of 2, 3 and 3 in Meryem Celik and Others v. TUR)

Ineffective criminal investigation into assault against the applicant by third parties, on account of the discontinuation of the proceedings as time-barred (violation of 3 in Shopov v. BGR)

Ineffective criminal investigation into assault against the applicant by third parties (Bucureşteanu v. RO)

Ineffective investigation into ill-treatment by police officers while in custody (violation of 3 in Velev v. BGR)

Ill treatment by prison authorities and ineffective subsequent investigation, impossibility to attend hearings in proceedings related to conditions of detention and loss of personal items by the prison authorities (violation of 3 and 6 § 1 in Beresnev v. RU)

Riskof inhuman and degrading treatment in case of extradition of the applicant to the USA to face trial,on account of his current severe mental illness (violation of 3 in Aswat v. UK,with continuation of the interim measure until the judgment is final)

Risk of ill-treatment in case of expulsion to Chad because of the applicant’s alleged collaboration with the Darfur rebels (violation of 3 in Mo M. v. FR)

Risk of ill-treatment in case of extradition to Tajikistan, detention pending extradition and inability to challenge it (violation of 3 and 5 §§ 1f and 4 in Azimov v. RU, with continuation of interim measure until the judgment is final)

Conditions of pre-trial detention and the authorities’ leakage of information from the case file to the press (violation of 3 and 8 in Căşuneanu v. RO)

Length of pre-trial detention and impossibility to effectively challenge it (violation of 5 §§ 3 and 4 in A.B. v. HUN)

Refusal by the court to examine a psychological assessment of the applicant and judgment not delivered publicly in proceedings concerning the dismissal from the security services (violation of 6 § 1 in Fazlyski v. BGR)

Breach of the principle of legal certainty in proceedings concerning import customs duties, on account of the domestic court calling into question the binding force of a final judgment delivered by itself (violation of 6 § 1 in Bernd v. RO)

Lack of notification of the hearing in proceedings concerning the applicant’s discharge from the army (violation of 6 § 1 in Zelenkov v. RU)

Conviction for a continued offence (noviolation of 7 § 1 in Rohlena v. CZ)

Retention of the fingerprints on a database without the applicant having been convicted (violation of 8 in M.K. v. FR)

Decision to revoke an adoption based on unproven suspicion of child abuse (violation of 8 in Ageyevy v. RU)

Enforcement of expulsion order would constitute a breach of the applicant’s right to respect private and family life on account of his strong family ties in Switzerland (violation of 8 in Udeh v. SUI)

Search and seizure warrant against a newspaper inadequately defined (violation of 8 and 10 in Saint-Paul Lexembourg SAv. LUX)

De facto expropriation of a plot of land (violation of 1 Prot.1 in Rolin Comercial SA v. PRT)

Repetitive cases – length of pre-trial detention (UKR), length of domestic proceedings (GR,PRT,SLO)

Inadmissibility decision – removal of a Somali asylum seeker from NLD to IT under the EU Dublin Regulation (Mohammed Hussein v. NLD and IT)

The Court’s related press releases:

Aswat v. UK
Saint Paul Luxembourg SA v. LUX
M.K.v. FR
Ageyevy v. RU
Mo M. v. FR
Decision Mohammed Hussein v. NLD and IT

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