text stringlengths 332 3.61k | label int64 0 12 |
|---|---|
121. The Government further submitted that the information concerning the case had been made public by the first applicant. She had informed her friend of her predicament by way of a text message sent to her friend during the night of 25 May 2008 and by instant messaging, asking for assistance and also thanking her fo... | 11 |
63. The applicants complained that the custodial sentence imposed on the first applicant by the judgment of 10 July 2008; the Centre’s failure to determine the first applicant’s rights to have contact with the child for several months during and immediately after her imprisonment; and the Supreme Court’s judgment revo... | 11 |
52. The Government maintained that the special operation carried out under the Suppression of Terrorism Act was legal and met all the requirements of Article <mask> of the Convention. They stated that in general, according to section 12 of the Suppression of Terrorism Act, a decision to conduct a counter-terrorist ope... | 11 |
31. The applicant also contested the argument that there was a public interest in the article at issue. Even if there were a public debate about the occurrences at the seminary or about the moral standards proclaimed by the Roman Catholic Church in respect of homosexuality, this did not justify attacking him in a defa... | 11 |
39. The Government further disputed the second applicant’s victim status under Article <mask> of the Convention claiming that, while the second applicant was the owner of the flat in which the search was performed, it was exclusively the first applicant who used the flat for his professional purposes. There were no pe... | 11 |
38. The Government accepted that the impossibility for the applicant to have her father’s paternity established after the expiry of the five-year time-limit had constituted an interference with her private life under Article <mask> of the Convention. The impugned measures had had a basis in Finnish legislation, namely... | 11 |
82. The applicant further complained that as a result of defects in the court procedure and because of the outcome of the court proceedings, his right to respect for his private and family life had been breached. He relied on Articles 6 § 1 and 8 of the Convention. These complaints were communicated to the respondent ... | 11 |
170. The applicants also alleged that the failure to carry out effective enforcement proceedings on the part of the Greek authorities had deprived them of their financial entitlement, which had been granted by several court judgments, and this constituted deprivation of property for the purposes of Article 1 of Protoc... | 11 |
91. The applicant complained that his right to respect for private and family life, as guaranteed by Article <mask> of the Convention, had been breached in view of his proposed deportation and the uncertainty of his situation owing to judicial proceedings which started in 2004 and ended only in 2010. Invoking Article ... | 11 |
150. The applicant further complained of the fact that there had been an interference with his right to respect for his home. In particular, he contended that the search on 26 August 1999 of the apartment in which he was living was performed in contravention of domestic law, because there was a lack of legal justifica... | 11 |
29. The Government submitted that the facts complained of by the applicant did not disclose a violation of the Article <mask> of the Convention. The applicant had moved into the flat and resided there in the absence of any legal basis. The applicant had not acquired ownership of the flat and, therefore, had not had a ... | 11 |
53. The Government, referring to Ternovzky (cited above, § 21), also considered that the first and the fourth applicants had not been personally affected by the alleged violation of Article <mask> of the Convention, since they had not been pregnant or planning to give birth at home at the time of the introduction of t... | 11 |
24. The applicant complained about Article 209 of the Criminal Code and about the conduct of criminal proceedings against him under this provision. Relying on Article <mask> of the Convention taken alone and in conjunction with Article 14, he alleged that his right to respect for his private life had been violated and... | 11 |
56. The Government submitted that the applicant’s claims regarding his own rights were fully heard by the German courts. The mere fact that these courts rendered decisions of inadmissibility did not mean that they did not deal with the substance of the applicant’s claim. The Cologne Administrative Court examined the a... | 11 |
55. The applicant submitted that the interference with her right to freedom of expression had not been justified in law because no law required children to accept rights and obligations related to their parents’ freedom of expression. She also submitted that the interference had not sought a legitimate aim because V.L... | 11 |
58. The applicant complained that by allowing the second reclamation scheme to proceed, the authorities had failed to comply with a number of legal requirements and to strike a fair balance between the various interests at stake, consequently putting his and his family's health at risk and preventing him from enjoying... | 11 |
22. The applicant first of all noted that, whereas the original purpose of the FNAEG had been to store DNA profiles of sex offenders, it now covered a wide range of offences, whatever their degree of seriousness and the extent of the public disorder which they entailed. The impugned information storage could not be co... | 11 |
49. The Government refrained from expressing their opinion on the admissibility and merits of the complaint under Article 8. They argued, however, that only two out of five letters had apparently been opened as only two letters had been stamped. As regards the remaining three, the Government submitted that the stamp “... | 11 |
20. The applicant complained that he had lost all contact with his daughter because of the two court decisions delivered in his absence by default and because of the subsequent refusal of the domestic courts to set them aside. He relied on Article 6 § 1 and Article <mask> of the Convention, which, in so far as relevan... | 11 |
17. The applicant complained that the denial of his access rights in respect of his son had been based on his adherence to the religious denomination Hit Gyülekezete, amounting to a differential treatment in respect of the enjoyment of his right to respect for family life. He claimed in this respect a violation of his... | 11 |
48. The applicants complained under Article <mask> of the Convention that the eviction order of 14 April 2010 had infringed their right to respect for their private and family life. On 15 August 2017 the applicants asked the Court to take into account that there had also been an interference with the right to respect ... | 11 |
48. The applicants disagreed with the Government’s submissions. They observed that, in Schalk and Kopf (cited above, § 94), the Court had clearly departed from the Commission’s earlier case-law in stating that the relationship of a cohabiting same-sex couple living in a stable de facto partnership fell within the noti... | 11 |
17. The applicant complained of the maintenance in force of Article 209 of the Criminal Code, which criminalised homosexual acts of adult men with consenting adolescents between the ages of 14 and 18, and of his conviction under that provision. Relying on Article <mask> of the Convention taken alone and in conjunction... | 11 |
80. The Government invited the Court to strike the case out of its list of cases, in accordance with Article 37 § 1 (b) of the Convention. The Government relied in this connection on two facts. First, they referred to the request from Mr Braginskis for the reopening of incapacitation proceedings (see paragraph 55 abov... | 11 |
40. The Government submitted that the applicant had been called as a witness in the pre-trial investigation because he was the director of company A., a company which had received a payment from company M. that had been deemed suspicious by the latter company’s director. He could therefore have provided testimony abou... | 11 |
104. The Government replied that the first complaint, concerning access rights, was not part of the subject-matter of the present proceedings before the Court. Given the sums awarded by the Court in this type of case, the Government indicated that they would be prepared, if the Court found a violation of Article <mask... | 11 |
120. The Government denied that there had been any violation of this provision, on the same grounds as those advanced in connection with Article 1 of Protocol No. 1. Referring to the Court's judgment in the case of Chapman v. the United Kingdom ([GC], no. 27238/95, § 99, ECHR 2001‑I), they also added that Article <mas... | 11 |
147. The Government advanced another argument to justify the difference in treatment complained of. Relying on Article <mask> of the Convention, they asserted that the margin of appreciation was a wide one in the sphere of adoption law, which had to strike a careful balance between the interests of all the persons inv... | 11 |
32. 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 |
36. The applicant complained that the domestic courts’ decision to refuse him contact with the child violated his right to respect for his private and family life under Article <mask> of the Convention. He further submitted that the domestic courts’ failure to investigate sufficiently the relevant facts concerning his... | 11 |
116. The applicant claimed that his full incapacitation had been an inadequate response to the problems he had experienced. Indeed, under Article <mask> of the Convention the authorities had to strike a fair balance between the interests of a person of unsound mind and the other legitimate interests concerned. However... | 11 |
84. The applicants argued that since the domestic law did not define any clear criteria and procedure for allocating a convicted person to a penal facility by the federal penal authority, which was left completely to the discretion of the latter, no court action under Chapter 25 of the Code of Civil Procedure had offe... | 11 |
69. The Government repeated the same arguments as those advanced with regard to Article <mask> of the Convention (see paragraphs 37-41 above). In addition, the Government relied on the Commission's decision in the case of X. v. Sweden (cited above) and the Court's judgment in the case of Stubbings (cited above). They ... | 11 |
56. The applicant submitted that the authorities’ positive obligations under Article <mask> of the Convention were activated immediately when the situation of a child at risk was brought to their attention. In her case, this had applied from the moment the police had entered her home to arrest her parents. The police ... | 11 |
72. The Government submitted that the domestic authorities had a wide margin of appreciation in determining what was in the best interests of the child as they had the benefit of direct contact with all the persons concerned. The refusal to order X’s return from her grandparents had been within the authorities’ wide m... | 11 |
402. The applicants submitted that the deliberate destruction of their homes, property and possessions and the resulting arbitrary expulsion from their homes and village represented a serious violation of their right to respect for private and family life and of their right to respect for their home, as well as a seri... | 11 |
39. The Government maintained that the right to a public hearing was not absolute and that an exclusion of the general public was admissible, inter alia, for the protection of the private lives of the parties or when required on grounds of private and family life within the meaning of Article <mask> of the Convention.... | 11 |
20. The applicants disagreed. In response to the Government’s arguments concerning their complaints’ admissibility (see paragraph 17 above), they pointed out that while in the domestic judicial proceedings the first applicant had not expressly referred to Article <mask> of the Convention, he had nevertheless clearly r... | 11 |
72. The applicants also contested the respondent Government's allegation that the Latvian authorities had annulled their legal status in Latvia on the further ground that when applying for permanent residence the first applicant had submitted false information as to Nikolay Slivenko's occupation. The applicants stated... | 11 |
24. The Government raised the objection that Article <mask> of the Convention was inapplicable to the facts of the case because there had been no “family life” within the meaning of that provision between the applicants and Carolina Pujol Oller. In that connection, the Government referred to the lack of a genuine rela... | 11 |
75. The applicant argued that he had exhausted the remedies available to him. He had lodged numerous complaints with the prosecutor’s office and the Regional Court. He had also brought his grievances to the attention of the appeal court. The applicant submitted that, because of the authorities’ failure to ensure his a... | 11 |
102. The applicant submitted that the combined effect of Part II of RIPA, the Revised Code and the PSNI Service Procedure did not provide, in relation to covert surveillance of lawyer/client consultations, the “adequate and effective guarantees against abuse” required by Article <mask> of the Convention, especially wh... | 11 |
39. The applicant complained of a breach of his right to respect for his family life under Article <mask> of the Convention because of the dismissal of his Hague Convention request. In particular, the applicant alleged that the domestic courts had misapplied the Hague Convention and had allowed the child to become ali... | 11 |
76. The Government accepted that, taken as a whole, the applicant’s examination pursuant to Schedule 7 of TACT gave rise to an interference with the right guaranteed to her under Article <mask> of the Convention. In the present case, in addition to being stopped and questioned, the applicant and her luggage were searc... | 11 |
7. The applicants called into question the Rules as such, arguing that the supervision of their telephone conversations in Kurdish was in itself incompatible with Article <mask> of the Convention. The majority likewise appear to consider that no formality should be imposed on prisoners in this connection. We cannot ag... | 11 |
92. The applicants maintained that there had been a violation of their rights under Article <mask> of the Convention. In their view, they had been attacked by the authorities from the outset and all of the proceedings had been unfair and based on insufficient and flawed investigations. As a consequence, the domestic d... | 11 |
59. 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 that such interference had been lawful, pursued the legitimate aim of protecting the rights of persons eligible t... | 11 |
351. The Government argued that Article <mask> of the Convention does not guarantee a right to serve a prison sentence in the facility close to one’s place if residence. In the alternative, it was submitted that there was no interference in the circumstances of the present case since the applicant received numerous vi... | 11 |
43. The Government further maintained that Article <mask> of the Convention did not impose on a State a general obligation to respect the choice by married couples of the country of their matrimonial residence and to authorise family reunion in its territory. The Government stated that it had been the applicants who h... | 11 |
34. The applicant, relying on Article <mask> of the Convention, complained that the enforcement courts had failed to secure respect for his family life. In addition, in his observations of 3 November 2016 in reply to those of the Government on the admissibility and merits of that complaint, he submitted that he also w... | 11 |
24. The applicant also complained under Article <mask> of the Convention that the prison authorities had not allowed him to have long visits from his wife. Even assuming that the applicant had such a right under Article 8 of the Convention, it is noted that he did not use any of the remedies available to him under dom... | 11 |
81. The applicants complained that their allegations in respect of Article 3 also gave rise to a violation of Article <mask> of the Convention. In addition, they complained about restrictions on visits and telephone calls. As regards the latter, the applicants submitted that they had had the right to use a telephone o... | 11 |
183. The applicant further argued that her ability to build and sustain relationships had also been limited due to restrictions placed on her capacity to receive visitors and telephone calls. The applicant has had very little contact with members of the community outside the facility. Outsiders’ visits are generally l... | 11 |
51. The Government acknowledged that the censorship of the Court's letter to the applicant constituted a breach of Article <mask> of the Convention. They stressed, however, that the measures taken by the authorities had remedied the situation. In particular, the responsible persons had been identified and the need for... | 11 |
18. The applicant complained of the maintenance in force of Article 209 of the Criminal Code, which criminalised homosexual acts of adult men with consenting adolescents between the ages of 14 and 18, and of his convictions under that provision. Relying on Article <mask> of the Convention taken alone and in conjunctio... | 11 |
41. The Government lastly argued that the alleged interference had met the requirement of being necessary in a democratic society. They took the view that to find such documents inadmissible would prevent courts from ruling on situations that might present a risk for the health, morals or stability of other family mem... | 11 |
26. The Government excluded the latter possibility, contending that the guarantee of the right to respect for family life under Article 8 presupposed the existence of a family (see Marckx v. Belgium, judgment of 13 June 1979, Series A no. 31). Although the case-law did not require cohabitation between the various memb... | 11 |
59. The applicant complained that her placement in a correctional boarding school had not been in accordance with Article 5 § 1 of the Convention and that she had been unable to have that measure reviewed by a court at regular intervals, as provided for by Article 5 § 4. She added that the automatic monitoring of her ... | 11 |
48. The applicant also submitted that the presence of the prison officers during his visits had violated his rights under Article <mask> of the Convention. The prison officers had overheard his conversations with doctors and, during his own examinations, there had been no screen between him and the members of the esco... | 11 |
164. The Government considered that the applicant had not made out an arguable claim under Article <mask> of the Convention and submitted that he had not adduced any proof in support of his allegations about the interception of telephone conversations. They were of the view that the application did not contain suffici... | 11 |
105. The applicant referred to Articles 6 and 8 of the Convention, complaining in substance about the excessive restriction and, subsequently, suspension of his contact rights, the non-enforcement of the contact schedule and the delays in the divorce, child custody and maintenance proceedings and the administrative an... | 11 |
40. The applicant complained about the courts’ judgments in the proceedings under the Media Act refusing him compensation in respect of the publication of the article and photograph appearing in the issue of Profil of 12 July 2004. He alleged a violation of his right to respect for his private life as guaranteed by Ar... | 11 |
21. The applicant complained of a breach of her right to protection of her reputation and dignity as a result of what she submitted had been insulting and defamatory articles published in the Romania Liberă newspaper on 13 and 22 February 2002. She also complained about the dismissal by the court of last resort of her... | 11 |
56. The applicant complained on his own and his children’s behalf that they had been unable to enjoy family life together due to the length of the custody and contact arrangements proceedings and due to the judge’s refusal to enforce provisional contact arrangements. He invoked Article 6 § 1 of the Convention. Being t... | 11 |
63. The applicant invoked Article <mask> of the Convention in the reasons for his complaint to the Constitutional Court, but he did not include this particular complaint in the text of the finding which he requested the Constitutional Court to make. The relevant domestic law prevented the Constitutional Court from exp... | 11 |
19. The Government further submitted that the applicant’s case should be struck out of the Court’s list pursuant to Article 37 § 1(a) of the Convention. They maintained that the applicant had indicated in his observations of 19 March 2007 that he did not wish to pursue the application in so far as it related to the is... | 11 |
49. The Government accepted that the applicant’s entitlement to a State retirement pension, which was a contributory benefit, was a “property” right for the purposes of this provision. However, for the reasons given under Article <mask> of the Convention, the refusal to recognise the applicant’s acquired gender for th... | 11 |
33. The applicants lastly argued that the compensation awarded by the Supreme Court of Justice in respect of the broadcasting of the video of the sauna scene and the defamation had not been adequate and proportionate to the severity of the breaches of their right to respect for their private lives. In support of this ... | 11 |
361. The Government argued that the relations between the US applicants and the children they sought to adopt constituted neither “family life” nor “private life” within the meaning of Article <mask> of the Convention for the following reasons: (i) not only was the adoption procedure not at an “advanced stage”, but in... | 11 |
25. The Government submitted that even if the expulsion order interferes with the applicant's family life, it discloses no violation of Article <mask> of the Convention. Given the seriousness of the offence which the applicant committed in Denmark the measure of expulsion was called for in the interest of public safet... | 11 |
27. The Government maintained that child benefits did not fall within the ambit of Article <mask> of the Convention, as the State’s general obligation to promote family life did not give rise to concrete rights to specific payments. The statutory provision of Section 1 § 3 of the Child Benefits Act and its application... | 11 |
62. The Government submitted that, having regard to the broad discretion boundaries of the State in resolving family disputes and the right of a court acting in the best interests of the child to dismiss a parent’s claim for determining the order of his or her involvement in the child’s upbringing, the judgment of the... | 11 |
50. The Government submitted that Article <mask> of the Convention was inapplicable in a case, where, as here, the relevant family link had been established at a time when the applicants could not have had any reasonable or legitimate expectations as to the prospects of establishing and continuing a family life in Nor... | 11 |
23. The applicants submitted that their complaint raised serious issues of law and fact and should be considered admissible. They further argued that the search conducted in the offices had fallen short of the standards set out in Article <mask> of the Convention. The judicial decision authorising the search had not s... | 11 |
32. The applicants complained that the German authorities had violated their right to respect for family life as provided in Article <mask> of the Convention by withdrawing parts of parental authority (Entzug von Teilen des elterlichen Sorgerechts) – including the right to determine the children’s place of residence (... | 11 |
63. The applicants complained that their convictions under Article 209 of the Criminal Code remained on their criminal record even though the European Court of Human Rights had found that provision to be discriminatory and the Austrian Constitutional Court had it annulled. This amounted to discrimination on the ground... | 11 |
84. The Government contested the applicants’ arguments and argued that the restrictions provided for in the domestic regulations were necessary to maintain order and were completely reasonable. They submitted that both applicants had been allowed to receive visits once a week for one hour. Mr Mandić had received only ... | 11 |
81. The Government argued that the “presumed consent system” permitted interference with an individual’s right to private life under Article <mask> of the Convention. They argued that the organ removal had been carried out in accordance with domestic law. The Law had implied the “presumed consent system” that had serv... | 11 |
92. The applicant urged the Grand Chamber to find a violation of Article <mask> of the Convention and to take the opportunity to confirm that monitoring of employees’ correspondence could only be carried out in compliance with the applicable legislation, in a transparent manner and on grounds provided for by law, and ... | 11 |
116. The applicants complained that the search which was conducted in their house on 22 November 1993 constituted a breach of Article <mask> of the Convention. They further alleged a breach of Article 9 of the Convention referring to their inability to open the grave of Mehmet Şah İkincisoy. Finally, they invoked Arti... | 11 |
69. The applicant stressed that throughout the criminal proceedings at the domestic level he had argued before all levels of domestic jurisdiction that his secret surveillance had been unlawful. That had been the only way of allowing him to raise the complaint before the Constitutional Court. Thus, by complaining in s... | 11 |
48. The applicants complained, under Article 5 § 2, that Mr Ichin and Mr Dmitriyev had not been given reasons for their detention because there was no criminal case against them at that time. With reference to Articles 5 § 4 and 13 of the Convention and Article 2 of Protocol No. 7, the applicants complained that the d... | 11 |
61. The applicant further complained that the medical condition from which he was now suffering as a result of his military service, with the consequence that he was now totally dependent on his family, psychoactive drugs, and treatment in mental health centers, not therefore being able to have a life and family of hi... | 11 |
50. The applicant claimed 20,000 euros (EUR) in respect of alleged non-pecuniary damage. He presented a medical certificate dated 7 December 2005 indicating that his medical disorders “[had] been accentuated by his difficult family situation over the past few years”. As regards pecuniary damage, he explained that he w... | 11 |
29. The applicant complained about the continuing lack of access to his son and about the insufficient measures taken by the public authorities to enforce his access rights, in violation of his right under Article <mask> of the Convention. The Court observes that some of the complaints raised by the applicant which re... | 11 |
38. The Government were of the view that there had been no breach of the State’s obligations under Article 8. The authorities had not interfered with the applicant’s desire to marry, with his married life for seven years or, last but not least, with his decision to move out of the matrimonial home and start an affair ... | 11 |
74. The Government pointed out that the courts could not award damages based on Article <mask> of the Convention as a sole legal ground. The reason for this was that, although the Convention had been incorporated into Swedish law, and the Swedish Supreme Court had established the principle whereby an individual could ... | 11 |
157. The applicant considered that the State had failed to provide him with access to information in violation of his rights under Article 8. The Court observes that, in addition to the primarily negative undertakings in Article <mask> of the Convention, there may be positive obligations inherent in effective respect ... | 11 |
30. The Government further submitted that Article <mask> of the Convention was not applicable in the present case. Relying on Costello-Roberts v. the United Kingdom (25 March 1993, § 36, Series A no. 247‑C), they contended that not every act or measure which may be said to affect adversely the physical or moral integr... | 11 |
68. The applicant further complained that his correspondence with his lawyer, the domestic courts and other authorities had been opened by the prison authorities. He also complained about the lack of confidentiality during his meeting with his lawyer on 30 July 2007, when he had to have a discussion with his lawyer in... | 11 |
99. The applicant argued that the decision to deport him from Lithuania, linked to the coercive deprivation of Lithuanian citizenship, was in breach of his right to respect for his family life, guaranteed by Article <mask> of the Convention. He submitted that he had lived in Lithuania since 1962, where he had complete... | 11 |
84. The Government accepted that in the light of the judgment in Khan, the Court would be likely to find that no effective remedy was available to the applicants in respect of any breach of their rights under Article <mask> of the Convention, since the Court had already ruled that the operation of section 78 of PACE a... | 11 |
44. The Government admitted that the search of the applicant’s flat had constituted an interference with her right to respect for her home as set out in Article <mask> of the Convention. They submitted, however, that the interference had been in accordance with domestic procedure and had had a legal basis, it had purs... | 11 |
41. The Government argued that the applicants had failed to exhaust domestic remedies in respect of this complaint. Alternatively, they did not dispute the fact that the applicants’ mobile telephones had been confiscated during their detention. However, they disputed the allegations concerning the searching of the app... | 11 |
128. The applicants' complaint concerning their inability to enjoy family life with Ramzan Babushev concerns the same facts as those examined above under Articles 2 and 3 of the Convention. Having regard to its above findings under these provisions, the Court considers that this complaint should be declared admissible... | 11 |
66. The applicant provided the Court with photographs made in 1996‑2005 showing him with his family and various residents of the Penza Region so as to demonstrate his family ties and involvement in social life in Russia. He also enclosed copies of several letters sent by a number of enterprises and local authorities o... | 11 |
34. The Government observed that in his application of 11 January 2008, the applicant referred to circumstances and developments that had arisen only after the Administrative Court’s decision of 21 March 2007. It was this decision which had established the facts on the basis of which the FSC had delivered its judgment... | 11 |
95. The Government further argued that neither the domestic courts nor other State institutions participating in the court proceedings for the applicant’s deportation could be blamed for delays. The Government admitted that, normally in cases regarding alleged violations of Article <mask> of the Convention, the passage... | 11 |
31. The Government stated at the outset that the applicant did not dispute that the exclusion order and subsequent expulsion had been based on the law and had pursued a legitimate aim. At the same time, the Government did not dispute that these measures had constituted an interference with the applicant’s right to res... | 11 |
46. The applicant complained under Article <mask> of the Convention that his expulsion led to a separation from his wife and children. While the measure might have had a legitimate aim, namely the prevention of disorder and crime, it had not been necessary in a democratic society. In this respect he stressed that he –... | 11 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.