Saturday, 27 April 2013

ECtHR case-law weekly brief (18-22 Feb 2013)

Impossibility of second-parent adoption in a same-sex relationship in comparison to unmarried different-sex couples (violation of 14 in conjunction with 8 in X and Others v. AT [GC])
Lack of access to court to challenge legality of a governmental decree on privatisation (violation of 6 § 1 in Melikyan v. ARM)

Dismissal of the applicant’s claim exclusively on the basis of new case-law which had not been accessible to him (violation of 6 § 1 in Petko Petkov v. BGR)
Inhuman conditions of detention (overcrowding) (violation of 3 in Ciolan v. RO)

Inhuman conditions of detention, unlawfulness of detention, speediness of its review, lack of prompt information of the charges (violation of 3, partial violation of 5 § 1, violation of 5 § 2, partial violation of 5 § 4 in Vasiliy Vasilyev and Zuyev v. RUS)
No risk of ill-treatment in the event of an extradition to Kazahstan, unlawfulness and lack of speedy review of detention pending extradition (no violation of 3, partial violation of 5 § 1 (f), two violations of 5 § 4, interim measure in force in Yefimova v. RUS)

Ill-treatment of a student by the police during a demonstration at the university (two violations of 3 – ill-treatment + investigation in Kemal Bas v. TUR)
Mother confined in a psychiatric institution deprived of the right to take part in the decision-making process concerning the placement of her children in residential care (two violations of 8 in B. (no.2) v. RO)
Refusal to adapt working time to child care -discrimination on grounds of sex (violation of 6 § 1 in conjunction with 14 in Garcia Mateos v. ESP)
Post-traumatic stress of rape victim justifiying restriction of the rights of the defence (no violation of 6 §§ 1 and 3(d) in Gani v. ESP)
Non-compliance with procedural safeguards in the proceedings concerning the applicant’s requests for release from pre-trial detention (two violations of 5 § 4 in Vecek v. CZE)
Repetitive cases: excessive length of proceedings (RUS, AT, SLO, TUR); non enforcement of valid judgments (RUS, UKR)
The Court’s related press-releases:

X and Others v. Austria

B. v. Romania (no. 2)

Garcia Mateos v. Spain

Gani v. Spain

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