Saturday 27 April 2013

ECtHR case-law weekly brief (4-8 Mar 2013)


Authorities’ negligence in obtaining medical care for the applicant, wounded during a street confrontation with police officers (violation of 3 in Oyğur v. TUR)

Conditions of detention (violation of 3 in Geanopol v. RO and in Stana v. RO)

Inadequate protection of pre-trial detainees suffering from serious illnesses (violation on 3 in conjunction with  14 in Gülay Cetin v. TUR, with application of Art. 46)

Placement in police custody to prevent hooligan violence lead by the applicant during a football match (no violation of 5 § 1 in Ostendorf v. GER)

Irregular detention and failure to promptly bring the applicant before a judge (violation of 5 §§ 1 and 3 in Satih Salman Kılıç v. TUR)

Conviction by appeal and cassation courts after quashing the initial first instance acquittal without hearing the applicant or the witnesses in person (violation of 6 § 1 in Manolachi v. RO)

Lack of notification of an amendment related to the legal classification of the charges brought against the applicant (violation of 6 §§ 1 and 3 a) and b) in Varela Geis v. ESP)

Failure of the authorities to comply with an order to return children to their mother in the UK (violation of 8 in Raw and Others v. FR)

Failure of a bank to register old-currency savings according to national legislation (A. and B. v. MON)

Just satisfaction (Article 41) in discrimination case regarding the calculation of pension entitlements for pastors (Manzanas Martin v. ESP - Friendly settlement)

Repetitive cases :
Registration of personal data in bankruptcy register (IT)
Length of proceedings and delay in obtaining awards under the « Pinto » procedure (IT)
Non-enforcement of final domestic decisions (SER)
Length of pre-trial detention (TUR)
Length of proceedings (SVK)

The Court’s related press-releases :
http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4280073-5108176
Gulay Cetin v. TUR http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4279784-5107667
Ostendorf v. GER http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4282482-5111626
Varela Geis v. ESP http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4279792-5107677
Raw and Others v. ESP http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4282713-5111932

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