Saturday, 27 April 2013

ECtHR case-law weekly brief (25-29 Mar 2013)

Pre-trial detention exceeding the final sentence imposed and lack of enforceable right to compensation (violation of 5 § 1 in Asen Kostov v. BLG and violation of 5 § 1 and 5 § 1 and 5 § 5 in Barborski v. BLG)
Lack of effective investigation into deaths or ill-treatment of anti-communist demonstrators of December 1989 in Timisoara (violations of 2 and 3 in Acatrinei and others and 71 other cases v. ROM)
Inhuman conditions of detention (violation of 3 in Györgypál v. ROM)

Criminal conviction for critising a director of a theatre without the convicted being heard (violation of 6 § 1 and 10 in Niculescu-Dellakeza v. ROM)

Length of pre-trial detention (no violation of 5 § 3 in Luković v. SRB)

Lack of fair trial in restitution proceedings (violation of 6 § 1 in Vrabec and Others v. SLK)

Ill-treatment in police custody and subsequent ineffective investigation of the case; statements made under duress admitted by courts in the criminal trial (no violation of 3 (ill-treatment), violation of 3 (investigation), no violation of 6 § 1 in Coşar v. TUR)

Ill-treatment in police custody and subsequent ineffective investigation of the case (one no violation of 3 and one violation of 3 (ill-treatment), violation of 3 (investigation) in Korobov and Others v. EST)

Libel proceedings against journalists resulting in an order to publish a rectification and to pay damages to the governor (no violation of 10 in Novaya Gazeta and Borodyanskiy v. RUS)

Failure to effectively investigate complaints of domestic violence (violation of 3 in Valiulienė v. LIT)

Removal of Chechen man from Austria to Russia would expose him to risk of ill-treatment (violation of 3 and not necessary to examine under 8 in I.K. v. AU)

Recognition of an international organisation’s jurisdictional immunity (NATO) did not restrict access to a court (dec., complaint under 6 manifestly ill-founded in Chapman v. BEL)

Failure to provide a family with credible information as to what has happened to their child in a hospital (violation of 8 in Zorica Jovanović v. SRB). Given a significant number of other potential applicants, obligation to take measures to give credible answers about missing babies from hospitals and to provide parents with adequate compensation (article 46)

The Court’s related press-releases:

Valiulienė v. Lithuania
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4306515-5150989

I.K. v. Austria
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4309816-5156488

Chapman v. Belgium
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4311227-5158497

Zorica Jovanović v. Serbia
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4306525-5150999

http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4306497-5150967
http://hudoc.echr.coe.int/sites/eng-press/pages/search.aspx?i=003-4309823-5156495

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