Saturday, 27 April 2013

ECtHR case-law weekly brief (25 Feb - 1 Mar 2013)


Disappearance of civilians during a military operation and failure by the authorities to carry out an investigation (violation of 2 and 13 in Bozkir and others v. TUR)

Excessive length of detention on remand (violation of 5 § 3 in Kowrygo v. POL)

Absence of a public hearing in proceedings resulting in the applicant being found guilty of an offence and fined (violation of 6 § 1 in Milenovic v. SLO)

Impossibility to question a witness having acted as agent provocateur, as well as reliance on proof brought through secret surveillance and use of undercover agents in drug traffic – related criminal proceedings (violation of 6 §§ 1 and 3d in Papadakis v. FYROM)

Impossibility to question the sole witness in proceedings related to a road traffic offence (violation of 6 §§ 1 and 3 in Mesesnel v. SLO)

Failure to legislate on the procedure of payments under a recognised and guaranteed domestic loan scheme (violation of 1 Prot. 1 in Fomin and Others v. RU)

Inadmissibility decision – non exhaustion of domestic remedies regarding a civil servant’s complaint of inadequate workplace facilities for a disabled person, which should have been first brought before national administrative courts (Bayrakc─▒ v. TUR)

The Court's related press releases:

http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4272558-5096578
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4275945-5102041
Bayrakc─▒ v. TUR http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4275931-5102009

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