Friday, 7 June 2013

ECtHR case-law weekly brief (3-7 June 2013)

Refusal by Russian authorities to return the bodies of the Chechen separatist president and of Chechen insurgents to their families (violation of 8 alone and in conjunction with 13, no violation of 14 in conjunction with 8 in both cases, no violation of 2 in Maskhadova and Others v. RU and no violation of 3 and 38 § 1 in Sabanchiyeva v. RU)
Risk of torture and inhuman treatment in the event of an expulsion to Egypt of a Coptic Christian having fled the country following religious persecution (violation of 3 and no violation of 13 in M. E. v. FR)

Ill-treatment by police officers during a demonstration in Istanbul, ineffective ensuing investigation and infringement of the applicant’s right to demonstrate following police intervention to break up the demonstration (violation of 3 and 11 in Özalp Ulusoy v. TUR)

Lack of effective legal protection against forced transfer from Austria to Hungary of a Sudanese asylum-seeker (violation of 13 in conjunction with 3 and no violation of 3 in Mohammed v. AUT)

Unlawful detention on three occasions for the purpose of unjustified psychiatric examinations, subsequent lack of compensation and lack of an effective remedy to obtain acknowledgement and redress (violation of 5 §§ 1 and 5 and of 13 in conjunction with 8 in Stelian Roşca v. RO)

Length of pre-trial detention and of criminal proceedings against the applicant (violation of 5 § 3 and 6 § 1 in Rifat Demir v. TUR)

Refusal of the Supreme Administrative Court to examine witnesses in favour of the applicant in a work-related litigation (violation of 6 § 1 in Vasilev v. BGR)

Fair trial guarantees relating to the domestic courts reaching different conclusions on the basis of the same evidence in criminal proceedings against the applicant (violation of 6 § 1 in Hanu v. RO)

Fair trial guarantees relating to the examination of witnesses in criminal proceedings against the applicant for drug trafficking (no violation of 6 §§ 1 and 3d in Kostecki v. POL)

Denied access to a lawyer during police custody (violation of 6 § 3c in conjunction to 6 § 1 in Hikmet Yılmaz v. TUR)

Non-enforcement of domestic decisions awarding compensation for unpaid salaries due to the courts’ refusal to provide copies of the judgments following the other party’s failure to pay the required court fees (violation of 6 § 1 and 1 Prot. 1 in Çakır and Others v. TUR)

Dismissal of civil claims against the employer for retaining the applicant’s salary covering a suspension period pending criminal proceedings against the applicant which had been closed as time-barred (violation of 6 § 2 in Teodor v. RO)

Disclosure of personal medical files relating to refusal of blood transfusions by Jehovah’s Witnesses, following the authorities’ instruction to the hospitals to report such cases (violation of 8 in Avilkina and Others v. RU)

Inability to obtain documents from the applicant’s criminal file in support of his application lodged with the Court (violation of 34 in Iulian Popescu v. RO)

Repetitive cases - non-enforcement of a final judgment in favour of the applicants (MON, UKR), quashing of a final decision by means of extraordinary review (RO)

Inadmissible cases – Reductions in pensions of ex-employees of the Polish communist secret police (Cichopek and 1627 other cases v. POL); restrictions on the use of an inheritance of high historic and cultural value, justified by public interest (Fürst von Thorn und Taxis v. GER); dismissal of a jury and continuation of a criminal trial before a judge sitting alone (Twomey and Cameron v. UK and Gunthrie v. UK)

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