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87. The Government denied that the judgments given in the applicant’s case had been arbitrary or otherwise unlawful. Limitation periods aimed at ensuring the principle of legal certainty, under which prosecutions were no longer possible upon the passage of time. Having regard to the arguments that an effective remedy ... | 11 |
48. The applicant argued that the customs officials’ actions had amounted to “interference by a public authority” with both his “private life” and his “correspondence” within the autonomous meanings arising from Article <mask> of the Convention. That “interference” had been unlawful because there had been no criminal ... | 11 |
50. The applicants complained of a violation of Article <mask> of the Convention, which includes protection of a person’s physical and psychological well-being. By not protecting them from domestic violence, the authorities had failed to discharge their positive obligations under that provision. They also submitted th... | 11 |
25. The applicant submitted that the first sentence of section 12(10)(2) of the Children Born outside Marriage (Legal Status) Act, read in conjunction with section 235(1)(2) of the Introductory Act to the Civil Code, and the decisions of the domestic courts had infringed her right to respect for family life as guarant... | 11 |
41. The applicant also submitted that although she had requested access to information about her origins once she had become an adult, a person’s vital interest in obtaining the information necessary to uncover the truth about an important aspect of his or her personal identity, which was an integral part of the right... | 11 |
3. The applicant's existence was skilfully and organically disrupted by the Austrian authorities' defiance of their responsibilities under Article <mask> of the Convention - which, as the majority agreed, in the present case imposed on them a duty to ensure the enforcement of the final return order issued in his favou... | 11 |
54. The applicant argued that the provision of a widow's pension to a surviving spouse was clearly intended to promote family life. He maintained that a widow's pension was paid to, among others, a widow who had dependent children at the date of her husband's death once she was no longer in receipt of child benefits. ... | 11 |
103. The Government submitted that any interference with the applicants’ rights under Article <mask> of the Convention had been lawful and necessary. The refusals to allow them to use the experimental product had been reasoned, made by an independent authority, and based on legal provisions which were fully in line wi... | 11 |
164. The Government admitted that the removal of the applicant from office had constituted an interference with his right to respect for his private life within the meaning of Article <mask> of the Convention. However, the measure had been justified under the second paragraph of Article 8 of the Convention. In particu... | 11 |
17. The applicant relied on the findings of the Court in its judgments in the cases of Loizidou v. Turkey ((preliminary objections), judgment of 23 March 1995, Series A no. 310), Loizidou v. Turkey ((merits), judgment of 18 December 1996, Reports of Judgments and Decisions 1996‑VI), Cyprus v. Turkey ([GC], no. 25781/9... | 11 |
27. The applicant alleged a violation of her right to home under Article <mask> of the Convention. Having regard to all the material in its possession, and in so far as this complaint falls within its competence, the Court finds that there is no appearance of a violation of the rights and freedoms set out in Article 8... | 11 |
22. The Government submitted that the adoption of the applicant's daughter by S.A. had been carried out in accordance with pertinent provisions of the Family Code. The applicant had not been involved in the upbringing of his daughter; he had, of his own will, moved far away from her. Thus, he had himself created the c... | 11 |
31. The applicant submits that there has been a violation of Article <mask> of the Convention as, in the circumstances of the case, the decision of the Regional Court was disproportionate. The Regional Court should have resorted to a less drastic measure, such as helping her with the children’s education. Meanwhile sh... | 11 |
47. The applicant complained that the investigations carried out by the child welfare services, despite a first such investigation showing that his former wife's allegations were groundless, had constituted an unjustified interference with his right to respect for private and family life under Article <mask> of the Co... | 11 |
32. The Government acknowledged that there had been an interference with the applicant’s right to respect for family life under Article <mask> of the Convention. They submitted that the lawfulness of the decision and the necessity to revoke the applicant’s residence permit had been duly examined by the domestic courts... | 11 |
88. The applicant did not complain about the effectiveness of the criminal investigation carried out by the Swedish authorities. The Court has not found any evidence that the manner in which the investigating authorities and the public prosecution carried out their tasks was ineffective in safeguarding the applicant’s... | 11 |
32. The applicant submitted that the decision not to grant him a new temporary residence permit and the resulting expulsion order infringed Article <mask> of the Convention. In particular, he claimed that that decision was based solely on the allegation that he posed a “threat to national security” contained in the fi... | 11 |
66. The applicant complained that in taking the decision, the Bologna Youth Court had exceeded its jurisdiction and competence under the Hague Convention and accordingly had interfered with his right to respect for his private and family life – an interference which had neither been justified nor necessary under Arti... | 11 |
42. The applicants argued that the Austrian courts had not properly examined their request for the granting of visiting rights because, on the basis of Article 148 (4) of the Civil Code, the courts had concentrated on the issue of whether the applicants had standing in the proceedings or a right to appeal and had dism... | 11 |
190. The applicant submitted that his life sentence without parole, in conjunction with the social isolation imposed on him, constituted a violation of Article 3 or Article <mask> of the Convention. He also stated that a life sentence which took no account of the prisoner’s possible good conduct or rehabilitation, ass... | 11 |
27. The applicant maintained that Article <mask> of the Convention was not at issue in the case because the statements had not affected A’s reputation to a sufficient degree. The statements were not defamatory or innuendoes against A. There was nothing presented in the news item to the effect that A had been guilty of... | 11 |
27. The applicant complained that during the events of 29 May 2000: (i) she had been ill-treated and humiliated by police, in breach of Article 3; (ii) she had been unlawfully deprived of her liberty between 9.00 a.m. and 1 p.m. on that day, which constituted a violation of Article 5 § 1; and (iii) her right to respec... | 11 |
32. The Government submitted that the applicant’s claim did not fall within the scope of Article <mask> of the Convention because the impugned advertisement only mentioned his forenames, which were common and could not on their own have suggested any connection with him. Only the applicant’s scuffles in 1998 and 2000,... | 11 |
21. The Government argued that there had been no interference with the applicants' family life, as it was open to them to settle in Greece where the first applicant is currently residing. In any event, they considered that if there was interference, it met the requirements of Article <mask> of the Convention. In parti... | 11 |
128. The applicant submitted that since arriving in Belgium in 2007 she had given birth to three children. The children had never lived in Nigeria and the two oldest were now attending school in Belgium. She argued that, owing to the standard of education in Belgium, her children had a future there which was not possib... | 11 |
81. The applicant opposed that argument, maintaining that the circumstances of his case fell within the scope of Article <mask> of the Convention. He stressed that the Government had again failed to argue the case on the basis of the facts giving rise to his application. Instead, they referred to the other proceedings... | 11 |
45. The applicant disagreed. She noted that the application concerned the interests of her entire family. However, she had wished to be considered the applicant, since she was the owner of the house. In addition, it had been expressly on her behalf that Mrs Grishchenko had instituted the domestic civil proceedings cla... | 11 |
44. The applicant also complained under Article <mask> of the Convention that conversations with his lawyer were conducted through a glass partition and were overheard or possibly even recorded and that the authorities had failed to provide proper conditions for private discussions with his lawyer. Although his compla... | 11 |
49. The Government contested the applicant’s arguments. They maintained that, in accordance with the positive obligation enshrined in Article <mask> of the Convention, the authorities had taken all possible steps at their disposal to reunite the applicant with his daughter. They observed that approximately 500,000 Alb... | 11 |
23. The applicant complained that his right to respect for his family life had been infringed as a result of the non-enforcement of the final judgments granting him visiting rights in respect of T.M.P., his minor son, with the possibility to take him abroad. He relied on Article <mask> of the Convention as well as Art... | 11 |
56. The applicant alleged that she had been deprived of all contact with her daughter and separated from her without valid reason. She maintained that the administrative authorities had decided to place her daughter in pre‑adoption care before the domestic courts had even ruled on whether she had been abandoned. She r... | 11 |
75. The Government submitted that the publication of such information ensured greater transparency, public access to documents in the applicant’s file and public scrutiny of the Commission’s decision-making. The Court does not consider that either purpose can be subsumed under any of the aims listed in Article 8 § 2 o... | 11 |
26. The applicant complained that his allegations in respect of Article 3 also gave rise to a violation of Article <mask> of the Convention. In addition, he complained about restrictions on telephone calls. As regards the latter, the applicant submitted that he had often been under pressure from other inmates to termi... | 11 |
80. The applicants submitted that the first applicant remained a victim of a breach of Article <mask> of the Convention, despite ultimately, after long and protracted efforts, having undergone an abortion. The applicants had never claimed that the first applicant’s rights had been violated because she had not been all... | 11 |
54. The applicant complained that the Romanian authorities, namely courts and administrative bodies, had failed to ensure the swift return of his daughter after his wife had retained the child in Romania without his consent. In so doing, the authorities had failed to secure his parental rights with respect to his daug... | 11 |
150. The Government accepted that the applicant could claim to be a victim of an alleged violation of Article <mask> of the Convention in relation to his consultations with his appropriate adult from 4 May 2010 to 8 May 2010 (consultations with the appropriate adult were not affected by the court’s direction on 6 May ... | 11 |
31. The Government argued that in 2004 the applicant and her son had abandoned flat A and had moved into flat B. The applicant’s former residence could therefore not be considered her “home”, within the meaning of Article <mask> of the Convention. The Government contested, in essence, the applicability of the impugned... | 11 |
46. The applicant complained that the domestic courts’ decision to refuse him information about the child’s personal circumstances violated his right under Article <mask> of the Convention to respect for his private and family life. He further submitted that the domestic courts’ failure to investigate sufficiently the... | 11 |
48. The applicants maintained that the reversal of the award of damages in respect of their dismissal from the Police Force because they had allegedly committed acts of torture, and despite their acquittal of the same charges by a court of law, was plainly incompatible with the respondent State's obligations under Art... | 11 |
83. The Government accepted that there had been interference with the applicant’s rights under Article <mask> of the Convention. However, they considered that such interference had been lawful and justified. In particular, the secret surveillance orders had been based on Article 180 of the Code of Criminal Procedure a... | 11 |
69. The applicant further complained in substance under Article 6 that the criminal proceedings against him had been unfair. In that respect he submitted that the proceedings had been based only on the testimonies of one of the co-accused. Invoking Article <mask> of the Convention, he also complained that his correspo... | 11 |
42. The applicants complained of a violation of the right to respect for their private and family life guaranteed by Article <mask> of the Convention, alleging that the measure ordering the second applicant’s return to hospital a few hours after his birth had been neither lawful nor necessary. They also complained tha... | 11 |
22. The applicant complained that the State had failed to secure her family’s right to respect for their private life as a result of the derisory sum of non-pecuniary damages awarded to her late husband, even though the domestic courts had found that a serious violation of his privacy had been committed by the newspape... | 11 |
84. The Government considered the sum claimed by the applicant to be excessive. Firstly, they pointed out that the application related only to the alleged violation of Article <mask> of the Convention; the applicant had relied on Article 5 only in her claim for just satisfaction. Secondly, the Government maintained th... | 11 |
40. The Government accepted that there had been an interference with the applicants’ rights under Article <mask> of the Convention. However, they considered that such interference had been lawful and justified. Referring to the Court’s findings in the Dragojević case (cited above), the Government argued that the inves... | 11 |
64. The Government submitted that in respect of the first applicant, a search performed in his office may have constituted an interference within the meaning of Article <mask> of the Convention. As regards the client applicants, the Government noted that correspondence with a lawyer falls under the protection of Artic... | 11 |
145. The applicants claimed the following amounts in respect of non-pecuniary damage. The third applicant and the applicant companies each claimed 16,500 euros (EUR) with respect to the alleged violation of Article 6 § 1 of the Convention, and EUR 10,000 with respect to the alleged violation of Article <mask> of the C... | 11 |
34. The Government contested the allegation of a breach of Article <mask> of the Convention. Reference was made to sections 7(1), 10(1) and 11(3) of the Aliens’ Domicile and Residence Act as well as to Article 16 § 3 of the ordinance implementing the Act, all of which had been duly published and which provided a suffi... | 11 |
3. The applicant’s expulsion order received comprehensive and exhaustive examination by the domestic courts in Norway, where Article 8 was also examined. The decision of the Directorate of Immigration was reviewed by the Immigration Appeals Board (§§ 14, 15 and 19), by the Oslo City Court (§ 20), by the Borgarting Hig... | 11 |
28. The applicants complained that they had been held incommunicado during their time in police custody and claimed that they had not been able to contact their families for more than seven days. They submitted that, as a result, they had not been able to exercise their rights under Article 128 § 4 of the Code of Crim... | 11 |
206. The Government insisted that there had been no breach of the applicants’ rights secured by Article <mask> of the Convention and Article 1 of Protocol No. 1. They argued that there was no evidence that the damage to the applicants’ homes and possessions could have been avoided if the Pionerskaya river channel had ... | 11 |
18. The applicant complained that medical documents concerning him (operation report of 2 April 1994) had been produced and used before the court, without his consent and without a medical expert having been appointed for such purpose. He alleged that this had entailed a breach of professional confidentiality and seri... | 11 |
40. The Government did not accept that the Andorran courts had unduly prevented the applicant from having contact with his children. They argued that the State had complied with its positive obligations under Article <mask> of the Convention. It stressed that all domestic decisions had been based on the best interests... | 11 |
24. The Government submitted that there had been no violation of Article <mask> of the Convention in the present case. The Regional Court’s refusal to recognise the applicant’s right to occupy the room previously occupied by his partner had been in accordance with the law, and had pursued the legitimate aim of protect... | 11 |
124. The Government argued that the domestic courts had been justified in their decision not to grant the applicants access to R. They pointed out that Article 67 of the Russian Family Code had established an exhaustive list of individuals entitled to have access to a child (see paragraph 66 above). Since the applican... | 11 |
89. The applicant companies did not dispute that employees, contracting parties, lawyers and other affected third parties must exhaust national remedies before they could enjoy an independent right to submit a complaint before the Court. However, this did not mean that the Court was prevented from considering the inte... | 11 |
60. The applicant maintained that the Constitutional Court had refused to provide redress to him. The relevant law permitted the District Court to issue, of its own initiative, an injunction allowing the applicant temporarily to meet his son. By failing to issue such an injunction the District Court had disregarded th... | 11 |
82. The applicant complained that the State had failed to take appropriate actions to reunite her with her son and that the lengthy non‑enforcement of the writ of execution had breached her right to family life. She relied upon Articles 6, 8 and 13 of the Convention. The Court considers that the applicant’s complaint ... | 11 |
49. The applicants complained under Articles 6 and 8 of the Convention that the domestic authorities had failed to enforce the Centre’s decisions regarding their right to have contact with M.M. Being the master of the characterisation to be given in law to the facts of a case (see Söderman v. Sweden [GC], no. 5786/08,... | 11 |
69. The Government submitted that “domestic authorities dealing with the applicant's case undertook all possible actions in order to preserve the proper development of the applicant's relations with his children”. The enforcement of a court order requiring the return of the applicant's children was hindered by M.C. wh... | 11 |
111. The applicants complained that the existence of the Certificate of Approval scheme and its application to them disproportionately interfered with their right to respect for their private and family life. They further complained that they were discriminated against in securing the enjoyment of this right. They rel... | 11 |
70. The applicant complained under Article 14 in conjunction with Article <mask> of the Convention that he had been discriminated against on the ground of gender in that he had been denied the right to take over a tenancy after the death of A.Z. He challenged in particular the domestic court’s position that his relati... | 11 |
79. The applicant argued that a positive obligation could arise under Article <mask> of the Convention even in the sphere of the relations of individuals between themselves. In the present case, he contended, the respondent State had an obligation to enable him to apply for an injunction by requiring that he be notifi... | 11 |
27. The applicant also complained under Article <mask> of the Convention and Article 1 of Protocol No. 1 that the proceedings had infringed his right to the peaceful enjoyment of his possessions. He also invoked Articles 3, 6 § 3 (c), 7 and 13 of the Convention without further explanation and at the time of submission... | 11 |
46. The applicant complained about a violation of her right to respect for her home raising, in particular, the following arguments: the search of 15 March 2002 had been unjustified; it had been based on a warrant with a wrong address and which was not amenable to appeal; the search had wrongly been conducted in the e... | 11 |
1. The applicant alleges that the prohibition under Italian law on donating embryos conceived through medically assisted reproduction to scientific research is incompatible with her right to respect for private life. The Court has ruled that her ability to exercise a conscious and considered choice regarding “the fate... | 11 |
104. The applicant, citing the case-law of the Court, pointed out that under Article <mask> of the Convention the national authorities had been required to take adequate steps to ensure that his right to the return of his child was respected and that he could visit P. regularly. He complained that, since 1998, M.P. ha... | 11 |
72. The Government objected that the applicant had not exhausted all effective remedies. In particular, he had not claimed compensation in separate civil proceedings, despite the fact that he had been entitled to do so. Such a possibility had been open to him pending the criminal proceedings and after they had been st... | 11 |
85. The applicant complained that during the first ten years of his post‑conviction detention in the special-regime correctional colony his ability to receive visits from his wife and other family members had been severely curtailed. The applicant was dissatisfied, in particular, with the lack of conjugal visits durin... | 11 |
100. The applicant company submitted that neither Articles 22 and 144 of the Constitution, nor Article <mask> of the Convention, nor Articles 584 and 1035 of the Judicial Code (nor Articles 18 and 19 of the same Code in the case of proceedings on the merits), nor Article 1382 of the Civil Code constituted a law within... | 11 |
107. The applicant next contended that the interference with his rights under Article <mask> of the Convention and Article 1 of Protocol No. 1 as a result of the temporary occupation of his estate by the consolidated police units had not been justified. He argued that the Government's reference to “a situation of war ... | 11 |
116. The Government argued, as their main submission, that Article <mask> of the Convention did not apply to the circumstances of the applicants, who could not claim that there was “family life” meriting protection under that provision. They submitted that, although the applicants had been acknowledged as the adoptive... | 11 |
39. The Government submitted that the search warrant had been in compliance with the second paragraph of Article <mask> of the Convention. The decision to carry out a search had been based on a reasonable suspicion that the applicants might have committed tax evasion between 2002 and 2006. Moreover, the search warrant... | 11 |
55. The applicant is an Uzbek national of Russian origin who has been living in Russia since 2003. Admittedly, not all settled migrants, no matter how long they have been residing in the country from which they are to be expelled, necessarily enjoy “family life” there within the meaning of Article 8 (see Maslov v. Aus... | 11 |
86. The applicant complained that the Austrian courts had violated his right to respect for his family life in that they had not taken all the necessary measures that could reasonably be expected to ensure the swift return of his children. In particular, he argued that they had not made sufficient attempts to locate C... | 11 |
39. The Government submitted that the interference, if any, in the applicant’s right to reputation, was not of such severity to attract the protection of Article <mask> of the Convention. They maintained that the Minister’s statements were made in the context of a public debate surrounding the question of medical mana... | 11 |
23. The applicants complained of discrimination based on their sex and sexual orientation because of their permanent exclusion from the legal institution of a registered partnership. Maintaining the arguments they had already raised in the domestic proceedings (see paragraph 9 above), they argued that marriage was not... | 11 |
95. The applicant also complained that Article <mask> of the Convention had been breached because her child’s health condition had been the subject of an open dispute before the domestic courts during the pension proceedings. Moreover, the applicant claimed that her son had been examined in person by a court-appointed... | 11 |
27. The Government, in their additional observations of 23 March 2004 following the Court’s decision as to the admissibility of the application on 8 January 2004, contended for the first time that the applicant had not exhausted domestic remedies as required by Article 35 § 1 of the Convention in respect of her compla... | 11 |
23. The applicant also complained under Article <mask> of the Convention that conversations with his lawyer were conducted through a glass wall and were overheard or possibly even recorded and that the authorities had failed to provide proper conditions for private discussions with his lawyer. The Court, which is mast... | 11 |
85. The applicant complained that Article 1600 of the Civil Code as construed by the Berlin Court of Appeal had discriminated against him in his capacity as a biological father compared to the mother, the legal father and the child. He further complained that the legal parents and the child were allowed to request bio... | 11 |
40. The applicant alleged that the proceedings before Baden District Court, which ended with the decision of 17 February 2006, had, in a number of ways, breached his right to respect for family life, as guaranteed by Article <mask> of the Convention. He claimed in particular that the court had clearly exceeded the six... | 11 |
31. The Government contested that the applicant’s exclusion from Russia had violated his right to respect for his family life. They submitted that the interference with the applicant’s right had complied with Article <mask> of the Convention. In particular, the decision to exclude him had been taken within the compete... | 11 |
42. The Government submitted that Article 14 was not applicable in the present case. In their view, in S. v. the United Kingdom (no. 11716/85, Commission decision of 14 May 1986, Decisions and Reports (DR) 47, p. 274) and Röösli v. Germany (no. 28318/95, Commission decision of 15 May 1996), the Commission had indicate... | 11 |
45. The Government submitted that in examining Mr Raza’s application for judicial review the Supreme Administrative Court had fully and objectively analysed the factual and legal grounds for the expulsion order, and had given convincing reasons why the interference with the applicants’ rights under Article <mask> of t... | 11 |
30. The Government agreed that the search and seizure of the applicant's office constituted an interference within the meaning of Article <mask> of the Convention. In the present case the police had been asked in 2008 to investigate an economic crime that had allegedly been committed a few years earlier. The applicant... | 11 |
87. The Government argued that the applicant had failed to rely expressly on Article <mask> of the Convention in his application to the Court. The Government also stressed that the investigation into the applicant’s allegations had been effective, as the police and the State Attorney’s Office had reacted promptly and ... | 11 |
35. The Government argued that the applicant had not exhausted domestic remedies regarding a violation of Article <mask> of the Convention, taken on its own. They observed that he had not invoked any Convention Articles in his appeal to the Federal Supreme Court. He had simply stated, referring to the case of Zaunegge... | 11 |
67. The applicants also submitted that the Convention prohibits States from attaching further negative effects to prior human-rights violations also where those violations have not been challenged, so the fact that they had not challenged their convictions before the Court was therefore irrelevant. Sexual autonomy and... | 11 |
125. The applicants submitted that there had been a breach of Article <mask> of the Convention as a result of the disclosure of information concerning the first applicant’s pregnancy and their situation to priest K.P. and to the general public. They complained about the press release about the case issued by the mana... | 11 |
88. The Government argued that the “family life”, within the meaning of Article <mask> of the Convention, between the applicants and R. had only existed as long as the first applicant had officially remained R.’s guardian. They furthermore stressed that during that period R. had not lost ties with his natural parents,... | 11 |
33. The Government admitted that the national courts’ decisions to order the applicants’ eviction had constituted an inference with their rights set out in Article <mask> of the Convention. They considered, however, that such interference had been lawful, had pursued the legitimate aim of protecting the rights of pers... | 11 |
76. The Government further acknowledged that, at times, video surveillance of the applicants’ cells had been performed by female operators of CCTV cameras. They argued that this had been standard practice compatible with the requirements of Article <mask> of the Convention. In this connection, they pointed out that, u... | 11 |
30. The applicant contended that his secret surveillance had been unlawful because it had not been based on orders containing proper reasoning by the investigating judge, as required under the relevant domestic law and the case-law of the Constitutional Court. Referring to the Court’s findings in the Dragojević case (... | 11 |
75. The applicant’s remaining complaints regarding the lack of protective measures afforded to her in the criminal proceedings raise certain questions about the scope of the State’s obligation to protect victims of crime appearing as witnesses in criminal proceedings. In the specific circumstances of the present case,... | 11 |
49. The applicant submitted that the facts of her case should be examined under the concepts of private and family life under Article <mask> of the Convention. In particular, she stressed that it clearly followed from the Court’s case-law that a stable de facto relationship between same-sex couples should be considere... | 11 |
75. The applicant alleged that, during his detention in the Netherlands Antilles, the prison authorities interfered in his exchange of correspondence with his lawyers, the European Commission of Human Rights, Mr Gebhardt who represented him in the proceedings before the European Commission of Human Rights, the prosecu... | 11 |
42. The applicant complained of the censorship of the correspondence with his family members. He further complained that he had been allowed visits from family members once a month and that during the visits he had been separated from his relatives by a glass partition and talked to them through an interphone. The app... | 11 |
51. The Government, having to reply only to the complaint under Article <mask> of the Convention, did not deny that the impugned court decisions ordering the child's return to her father constituted interference with the child's right to respect for her family life. They were of the opinion, however, that this interfe... | 11 |
21. The applicant submitted that he had been treated differently due to his religious convictions in respect of the enjoyment of his rights under Article <mask> of the Convention from other persons seeking access rights to their children following divorce or separation. In particular, he submitted that the domestic au... | 11 |
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