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23. The applicant complained under Articles 3 and 5 §§ 1, 2 and 3 of the Convention that both the length of his detention in police custody and the length of his pre-trial detention had been excessive. He further complained under Article 6 § 2 of the Convention that his right to be presumed innocent had been violated ... | 3 |
73. The applicant also sought support for his claim of discrimination from the military service record of four soldiers of his unit – R.L., V.S., J.Š. and M.I. He considered that those four soldiers had been in a similar situation to that of himself, but had been treated differently. On this point the Court reiterates... | 3 |
50. The applicant party also complained of a violation of Articles 9, 10 and 11 of the Convention. As these complaints relate to the same set of facts examined from the standpoint of Article <mask> of the Convention taken in conjunction with Article 3 of Protocol No. 1, the Court considers that it is not necessary to ... | 3 |
185. The applicant Ms Kostyleva alleges a violation of Article <mask> of the Convention on account of the inapplicability of the Compensation Act to domestic judgments imposing obligations in kind. The Court notes that it has already examined this complaint under Article 13 of the Convention and found a violation of t... | 3 |
143. The applicants in the present case made complaints under Article 2 of Protocol No. 1 taken alone and in conjunction with Article <mask> of the Convention, claiming that the fact that they had been allocated to Roma-only classes during their primary education violated their right to receive an education and their ... | 3 |
65. The applicant further complained that the amendments to the Act on Implementation of Penal Sanctions violated his right to a fair trial guaranteed under Article 6 § 1 of the Convention, since they constituted an unfair interference by the State in the pending proceedings to which the State was a party. In substanc... | 3 |
43. The applicant also complained under Article <mask> of the Convention, taken in conjunction with Article 6 § 1 thereof, that he had suffered discrimination because in the case of his colleague the domestic courts had resolved the conflict of jurisdiction and determined the competent court, after which they had proc... | 3 |
116. The applicant also alleged that he had been a victim of discrimination contrary to Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1. He referred to repeated prolongations of the validity of the old local development plan which had prevented him from making use of the measures... | 3 |
28. The applicant complained that the United Kingdom authorities' refusal to pay him the social-security benefits to which he would have been entitled had he been a woman in a similar position, namely a widowed mother's allowance and a widow's payment, constituted discrimination against him and his wife on grounds of ... | 3 |
54. The Government considered that the finding of a violation in itself would constitute sufficient and appropriate redress in the present case. They submitted that in the case of Religionsgemeinschaft der Zeugen Jehovas and Others the Court had granted the applicants compensation in the amount of EUR 10,000 for damag... | 3 |
93. The applicant complained that he had been discriminated against on the basis of his political opinion in that the domestic courts had placed an unreasonable burden of proof on him, that they had distorted the definition of the term “fascist”, and that he had had to endure the publication of a text declaring his st... | 3 |
36. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion, prohi... | 3 |
127. The applicants submitted that they had been subjected to discriminatory treatment as compared to others in an analogous situation, namely other unconvicted persons whose samples had still to be destroyed under the legislation. This treatment related to their status and fell within the ambit of Article <mask> of t... | 3 |
17. The applicants complained, under Article <mask> of the Convention taken in conjunction with Article 8, of discrimination based on their sex and sexual orientation on account of their exclusion from the registered partnership, claiming that marriage was not a suitable alternative for them. They did not rely on Arti... | 3 |
95. The applicant further complained under Article 13 that the prosecutor’s inadequate response to her complaint regarding the events surrounding her arrest and detention hindered her right to bring compensation proceedings against the persons responsible for them. In addition, she claimed that the treatment which she... | 3 |
123. The applicants submitted that, on account of their ethnicity, they had been victims of discrimination by judicial bodies and officials. Moreover, the first applicant argued that the failure of the domestic courts to provide reasons for the difference in non-pecuniary damage awarded to the three widows had amounte... | 3 |
47. The applicants went on to argue that the Court should examine the complaint separately. The right not to be discriminated against was not a secondary one, and their complaint under Article <mask> of the Convention raised additional issues which were not less important than those under Article 11 and called for a s... | 3 |
128. The Government submitted that as Article 8 was not engaged, Article <mask> of the Convention was not applicable. Even if it were, there was no difference of treatment as all those in an analogous situation to the applicants were treated the same and the applicants could not compare themselves with those who had n... | 3 |
132. The Government maintained that Y’s pregnancy had not constituted a ground for discrimination under Article <mask> of the Convention. They stressed that her pregnancy was not a main determinative factor for her medical treatment. She had been treated in the same matter as other patients diagnosed with UC. She had ... | 3 |
131. The applicants contended, relying on Article <mask> of the Convention taken in conjunction with Article 8, that they had been removed from Latvia as members of the Russian-speaking ethnic minority and of the family of a former Russian military officer. They complained that they had thus been subjected to treatmen... | 3 |
124. The applicants maintained that they had been discriminated against in that because of their race or ethnic origin they had been treated less favourably than other children in a comparable situation without any objective and reasonable justification. They relied in that connection on Article <mask> of the Conventi... | 3 |
46. The applicant further complained that the domestic proceedings were discriminatory in violation of Article <mask> of the Convention. Having regard to all the material in its possession, and in so far as the matter complained of is within its competence, the Court finds that it does not disclose any appearance of a... | 3 |
89. The Government submitted that there had been no violation of the applicants’ rights to freedom of peaceful assembly and to freedom of expression, as the relevant domestic authorities had not impeded their public gathering in any manner. On the contrary, the applicants and other participants of the demonstration we... | 3 |
97. The applicant also complained under Article <mask> of the Convention about discrimination against her on account of her foreign nationality. The Court reiterates that Article 14 has no independent existence, since it has effect solely in relation to the rights and freedoms safeguarded by the other provisions of th... | 3 |
269. The applicants also complained that the above-described restrictions and limitations on lawful abortion in Ireland were discriminatory and in breach of Article <mask> of the Convention taken in conjunction with Article 8 in that they placed an excessive burden on them as women and, in particular, on the first app... | 3 |
98. The applicant complained under Article <mask> of the Convention that by refusing to give her a female identity number which corresponded to her actual gender, the State was discriminating against her. The fact that she had been denied a female identity number revealed the confidential information that she was a tr... | 3 |
39. The applicant further complained that in denying her the right to stand as a candidate in the parliamentary elections for the sole reason that she did not have a command of Latvian at the highest level defined by the domestic regulations the Latvian authorities had caused her to suffer discrimination prohibited by... | 3 |
72. The applicant complained that the failure in Spain to recognise Roma marriage as having civil effects – it being the only form of marriage to produce effects erga omnes within her own community – even though the minority had been present in Spain for at least five hundred years, entailed a breach of her right to m... | 3 |
44. The applicant claimed that he was the victim of discriminatory treatment because he was prevented from doing his military service although he was willing to serve and, instead, he was obliged to pay the exemption tax because his disability was considered a minor one by the competent authorities. This complaint mus... | 3 |
23. The applicant submitted that it was in violation of Article <mask> of the Convention that he was required to pay NICs from his earnings while a 60 year old woman who was working would not have to pay such contributions. These contributions now included an extra 1% added under the National Insurance Act 2002, the p... | 3 |
28. The applicant complained that his rights under Articles 6, 9, 10, 17, and 18 of the Convention had been violated as a result of the unfavourable outcome of the proceedings. Under Article <mask> of the Convention and Article 1 of the Protocol no. 12 to the Convention the applicant argued that he had been discrimina... | 3 |
41. The applicant complained about difference in treatment between men and women convicted of the same crimes in relation to the respective applicable prison regimes, in particular, with regard to the right to prison leave, which had led to a refusal to attend his father’s funeral. He argued that this was contrary to ... | 3 |
156. The Government acknowledged that the applicant had been treated differently to the nine life prisoners who had been released in 1993 by way of commutation of their sentences by the President of the Republic under Article 53 § 4 of the Constitution. However, they submitted that this difference in treatment was not... | 3 |
57. The applicant complained that he had been discriminated against on political grounds, in that in particular: (1) in another case with identical circumstances but involving a different candidate the domestic court had granted the relevant application; and (2) District Election Commission no. 12 had not annulled the... | 3 |
112. The applicant submitted that her husband's death was caused by an agent of the State and the investigation which followed was plagued by severe deficiencies and discrepancies and, as a result, it failed to establish the cause of his death. She submitted that the fact that her husband was a Romani man, coupled wit... | 3 |
72. The applicant company alleged a violation of Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1. It argued that the domestic VAT legislation was discriminatory because it had deprived the applicant company of its possession with the sole aim of securing payment of the VAT due by... | 3 |
95. The Government maintained, at the outset, that in his complaints of alleged torture and punishment without conviction before the domestic courts, the applicant had invoked only relevant domestic-law provisions. However, he had not relied on Article <mask> of the Convention in conjunction with Article 8, and had th... | 3 |
31. The applicant also complained, under Articles 6 § 1 and 13 of the Convention, that the outcome of the proceedings in his case had been unfavourable and, therefore, the proceedings as a whole had been unfair, in particular, because the domestic courts had allegedly erred in the assessment of the facts and in the ap... | 3 |
38. The Government rejected the view that other Fund members had been treated differently from the applicant when it came to the restriction of their benefit rights, thus resulting in a violation of Article 1 of Protocol No. 1 taken in conjunction with Article <mask> of the Convention. There were many Fund members in ... | 3 |
18. The applicant complained that the removal, in respect of tobacco, of the previous licence of the family business, in allegedly discriminatory circumstances and without compensation, amounted to a breach of Article 1 of Protocol No. 1, read alone or in conjunction with Article <mask> of the Convention, especially b... | 3 |
141. The applicant argued that the circumstances of this case disclosed a violation of Article <mask> of the Convention in conjunction with Articles 2, 3, 5, 13 and 18. He submitted that there was sufficient evidence to establish that the Kurds in south-east Turkey had been subjected to systematic unlawful treatment. ... | 3 |
183. The applicant complained before the Chamber that he had been treated differently from other office holders in analogous situations (other court executives, the president of the Constitutional Court), as a consequence of his having expressed politically controversial opinions. The measures directed against him the... | 3 |
64. The applicant complained under Article <mask> of the Convention that he had been discriminated against by the authorities, including the courts, which had given preference to V.K. in his child-care case because of his gender and disability. After the termination of the court proceedings he had allegedly continued ... | 3 |
47. The applicant complained under Article 5 §§ 1 and 2 of the Convention that he had been unlawfully and arbitrarily arrested and placed in detention on remand. Relying on Articles 10 and 11 of the Convention, the applicant further complained that he had been arrested on account of his political activities. Finally, ... | 3 |
168. The applicant further complained that the failure of the authorities to review the lawfulness of her detention and to carry out an effective investigation into the arbitrary deprivation of her liberty on account of her association with MISA had breached her rights guaranteed by Article 5 § 4, taken alone or in co... | 3 |
95. The Government maintained that the applicant had offered no evidence to the effect that there had been a violation of Article <mask> of the Convention. The official investigation into the attacks against the applicant had been impartial and all allegations of religious motivation behind these incidents had been th... | 3 |
19. The applicant complained that the fact that he was not exempt from military service or alternative civilian service, while assuming a function within the Federation of Evangelical Communities in Austria (Bund Evangelikaler Gemeinden in Österreich) which was comparable to those of members of recognised religious so... | 3 |
68. The Government acknowledged that in Koua Poirrez v. France (no. 40892/98, ECHR 2003‑X) the Court had refused to make a distinction between contributory and non-contributory welfare benefits, finding that Article 1 of Protocol No. 1 was also applicable to the latter category and, subsequently, that there had been a... | 3 |
21. The Government further contended that the restrictions on the applicant’s employment prospects could not be deemed discriminatory in nature just because the applicant belonged to a certain group of persons, namely that of “former secret collaborators”, since the mere fact of belonging to such a group did not autom... | 3 |
32. The Government submitted that Article 8 was not applicable in the present case as that provision did not guarantee a right to retain employment or to choose a profession. They further stated that, in any event, the application of the Act to the applicants served the legitimate purpose of protecting national securi... | 3 |
61. The applicant also complained under Article 6 § 1 of the Convention about the length and the outcome of the civil proceedings, and under Article <mask> of the Convention and Article 1 of Protocol No. 12 that he had been dismissed from his job because of his Serbian origin as well as on account of his political opi... | 3 |
38. The Government argued that Article 14 was inapplicable as the facts of the case did not disclose any appreciable impact on either her relationship with her children, or her relationship with her partner. In order for Article 14 to apply, it must be shown that the specific factual context in which the allegation of... | 3 |
91. The applicants complained of a violation of Article <mask> of the Convention in conjunction with Article 1 of Protocol No. 1 to the Convention in that they had been discriminated against in comparison with other political parties. They also alleged that the lack of a refund of the electoral deposit constituted a b... | 3 |
31. The Government, referring to Röösli v. Germany (no. 28318/95, Commission decision of 15 May 1996, Decisions and Reports 85-A, p. 149), submitted that the subject matter of the present case did not come within the ambit of Article 8 § 1 as regards the elements of “private and family life”. The issue whether it came... | 3 |
42. The applicant complained under Article 3 of Protocol No. 1 to the Convention that there had been a number of irregularities during the election process in his constituency and that the authorities had failed to duly examine his complaints concerning those irregularities. In conjunction with this complaint, he also... | 3 |
36. The applicants alleged that the fact that the civil unions introduced by Law no. 3719/2008 were designed only for couples composed of different-sex adults infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the... | 3 |
40. The applicants in applications nos. 25330/11, 25340/11, 25345/11 and 25645/11 also complained under Article <mask> of the Convention, in conjunction with the above complaint, that their electoral rights had been breached as part of a series of deliberate and unlawful practical measures implemented by the Governmen... | 3 |
83. The Government submitted that the applicants had not exhausted the relevant domestic remedies for their complaints concerning their inability to proceed with their peaceful demonstration. Thus, if they considered that the police forces had not provided adequate protection from the counter-demonstrators, they shoul... | 3 |
67. The applicants complained that the fishing restrictions imposed by the State had violated their right to the peaceful enjoyment of their possessions, which allegedly included a right to fish certain coastal waters of the Gulf of Bothnia. The applicants further alleged that they had been discriminated against in co... | 3 |
49. The applicant alleged that he had been discriminated against on grounds of sex because he had been refused the possibility of obtaining a stay of execution of his prison sentence, as under Article 453 § 1 b) of the CCP only convicted mothers of children under the age of one could seek a stay of execution. He relie... | 3 |
58. The applicants complained under Article <mask> of the Convention taken in conjunction with Article 8 that they were being discriminated against in the enjoyment of their family life on account of the first and third applicants’ sexual orientation. They submitted that there was no reasonable and objective justifica... | 3 |
42. The applicants complained that the premature termination of their religious meeting on account of the arrival of the police amounted to a violation of Articles 5, 8, 9, 10 and 11 of the Convention, taken alone and in conjunction with Article <mask> of the Convention. The Court reiterates that, where the nature of ... | 3 |
90. The Government took the view that the reckoning of periods of employment was essentially a matter to be addressed through bilateral inter-State agreements on social security. The Court, for its part, is fully aware of the importance of such agreements in the effective solution of problems such as those arising in ... | 3 |
76. The Government further submitted that Article <mask> of the Convention did not apply in the case. This provision, as confirmed by the Court on many occasions, did not have an independent existence and could only be invoked in relation to a breach of other rights. The applicant relied on Article 14 read together wi... | 3 |
48. The applicant also alleged that she had been discriminated against as evidenced by the racist remarks made by the police officers, namely, “get out of here you black whore”. She submitted that other women in the same area carrying on the same activity but with a “European phenotype” had not been stopped by the pol... | 3 |
73. The applicants pointed out, lastly, that the aim of their application was not to obtain a right to marry or access to a form of registered partnership. They explained that they were merely asking the Court to develop its decision in Karner v. Austria (no. 40016/98, ECHR 2003‑IX) and state that excluding same-sex c... | 3 |
29. The applicants complained of an infringement of the first applicant's inheritance rights and of their capacity to receive inter vivos or testamentary gifts from the first applicant's father. Relying on Article 1 of Protocol No. 1, taken together with Article <mask> of the Convention, they submitted that they had b... | 3 |
58. The applicant complained that the application in her case of paragraph 1 of the transitional provisions of the State Pensions Act, which made a distinction on the basis of nationality between those in receipt of retirement pensions, constituted discrimination prohibited by Article <mask> of the Convention in the e... | 3 |
46. The Government maintained that the situations referred to by the applicant in his assertion that he had been in a worse position compared with convicted persons had not been relevantly similar. The aim of detention on remand during judicial proceedings and that of a prison sentence were different. The former was a... | 3 |
55. The applicant complained under Article <mask> of the Convention in conjunction with Articles 3 and 5 that he had been subjected to discrimination because of his ethnic origin. In particular, he alleged that that the police’s decision to arrest and detain him and his ill-treatment in police custody had been due to ... | 3 |
66. The applicants also complained that, in breach of Article 13, they were denied an effective remedy in respect of their complaint under Article 2 about Mr Mihaylov’s killing. The investigation was deeply flawed and no civil remedy could have compensated for that. Finally, they complained of racial discrimination in... | 3 |
52. The applicants disagreed that a constitutional appeal had been available for their complaints under Articles 9 and 11. The outcome of the proceedings before the Constitutional Court in which they had challenged the domestic authorities’ refusal to register the applicant association as a religious community under t... | 3 |
92. The applicant further complained under Article <mask> of the Convention and Article 1 of Protocol No. 12 that he had been discriminated against as a father by the Bologna Youth Court, as his statements, arguments and evidence had not been given the same weight as his wife’s. He submitted that his submissions and s... | 3 |
17. The applicant complained under Article <mask> of the Convention that she was discriminated. She also complained under Articles 6 and 13 of the Convention about the outcome of the compensation proceedings. Having regard to all the material in its possession, and in so far as these complaints fall within its compete... | 3 |
16. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion, prohi... | 3 |
48. The applicant complained of a violation of his right to private life, alleging that the Court of Cassation had ruled that his dismissal on the ground of his HIV status had been lawful. He also submitted that his dismissal had been discriminatory and that the Court of Cassation’s reasoning, according to which his d... | 3 |
12. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widowed Mother’s Allowance (“WMA”), Widow’s Bereavement Allowance (“WBA”) and Widow’s... | 3 |
34. The applicant further relied on Article <mask> of the Convention (the prohibition on discrimination) without any further reasoning. The Court finds no indication whatsoever in the case-file which might disclose any appearance of a violation of this provision. The Court, therefore, rejects this part of the applicat... | 3 |
76. The applicant complained that the deprivation of his retirement benefits, on the ground that his wife and dependents would still benefit from it, had been discriminatory on the basis of his marital status, and therefore contrary to Article 1 of Protocol No. 12 as well as Article <mask> of the Convention taken toge... | 3 |
35. The applicants complained also under Article 1 of Protocol No. 1 that the denial of access to court regarding their claims for compensation violated their right to property. Further relying on Article <mask> of the Convention they complained that other minority shareholders in similar situations had access to cou... | 3 |
106. The Government agreed that Article <mask> of the Convention was applicable here as the case fell within the scope of Article 8, but argued that there was no separate issue under Article 14. Were the Court to have a different opinion, the Government pointed out that cissexuals were not in a similar situation to th... | 3 |
40. The applicants also complained under Article 6 § 1 of the Convention that the courts in the rei vindicatio proceedings had disregarded the binding force of the Balchik District Court’s final judgment of 7 December 1995. Lastly, they complained under Article <mask> of the Convention in conjunction with Article 1 of... | 3 |
68. The applicant further complained that the act of denying him the right to stand as a candidate in the parliamentary elections, for the sole reason that he had allegedly failed to provide accurate information about his place of residence for the previous five years, had caused him to suffer discrimination prohibite... | 3 |
24. The applicant argued that the refusal to give him a retirement pension violated the principle of non-discrimination enshrined in Article <mask> of the Convention combined with Article 1 of Protocol No. 1. He considered that the domestic legislation discriminated against Evangelical ministers compared with Catholic... | 3 |
34. The applicants reiterated that they did not complain about a violation of the Estonian-Russian Agreement but about a violation by the Estonian authorities of their rights guaranteed under Article 1 of Protocol No. 1 and Article <mask> of the Convention. Furthermore, their complaints did not relate to the size of t... | 3 |
54. The applicant complained that he had been discriminated against in that, having been prosecuted for a serious offence relating to organised crime, he had not been afforded the safeguard provided for in Article 116-1 of the Code of Criminal Procedure, namely a video recording of interviews at the investigating judg... | 3 |
74. The applicants submitted that their inability to withdraw their “old” foreign-currency savings from their accounts at branches located in Bosnia and Herzegovina of a Slovenian bank, in the case of the first two applicants, and of a Serbian bank, in the case of the third applicant, amounted to a breach of Article 1... | 3 |
78. The Government stressed the importance of equal treatment and equality before the law, as guaranteed by the Constitution of Finland and Article <mask> of the Convention. They maintained that the applicant was not entitled to preferential or different treatment in comparison to other members of the crowd present at... | 3 |
154. The applicant complained under Article 5 §§ 1 (c) and 3 of the Convention that his detention had not been lawful and that the courts which reviewed his detention had not taken into consideration some of his arguments. He further invoked Article <mask> of the Convention without any substantiation. Lastly, he compl... | 3 |
34. The Government submitted that Article 8 was not applicable in the present case as that provision did not guarantee a right to retain employment or to choose a profession. They further stated that, in any event, the application of the KGB Act to the applicants served the legitimate purpose of protecting national se... | 3 |
19. The Government contended that the difference in the treatment of the brothers’ claims by the Bucharest Court of Appeal did not amount to a violation of Article <mask> of the Convention since the applicants and their older brothers were not in similar situations. The domestic court had arrived at its conclusion by ... | 3 |
226. The applicant complained under Article 1 of Protocol No. 1 that its ability to conduct business had been greatly inhibited as it had often been subjected to excessive fines. The applicant further invoked Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1. It complained of discr... | 3 |
133. The applicants further complained that they were arrested, detained and expelled not based on infringements of the relevant immigration provisions but owing to their Georgian nationality. They relied on Article <mask> of the Convention taken in conjunction with Articles 3, 5 § 1 and 6 of the Convention, Articles ... | 3 |
90. The Government left it to the Court's discretion to decide whether the applicants had substantiated their claim adequately. At any rate, part of the lawyer's fees concerned the applicants' complaint under Article <mask> of the Convention which had been declared inadmissible. Moreover, assuming that a violation of ... | 3 |
184. The applicant argued that the circumstances of this case disclosed a violation of Article <mask> of the Convention in conjunction with Articles 2, 3, 5, 6 and 13. He submitted that there was sufficient evidence to establish that his brother’s abduction and murder had been carried out as a direct result of his law... | 3 |
18. The applicants submitted that while their older siblings’ claims for compensation in connection with their sister’s death had been allowed, their similar claims had been dismissed by the court of last resort on the ground of their young age at the time of the accident (see paragraph 13 above). They claimed that th... | 3 |
28. The Government argued that there had been no violation of Article <mask> of the Convention in the case. They contended that the difference in treatment complained of was justified by the provisional nature of a discontinuation decision given that, unlike an acquittal, a discontinuation decision based on the ground... | 3 |
51. The applicant also complained that the United Kingdom authorities' refusal to pay him the widow's payment and widowed mother's allowance to which he would have been entitled had he been a woman in a similar position constituted discrimination on grounds of sex contrary to Article <mask> of the Convention taken in ... | 3 |
39. The applicant complained under Articles 8, 13, 14 and 15 of the Convention that the decision to refuse him authorisation to reside in Russia had been disproportionate to the legitimate aim of the protection of public health and had disrupted his right to live with his family. The Court notes that the focal point o... | 3 |
102. The applicants also complained under Article <mask> of the Convention read in conjunction with Article 1 of Protocol No. 1 that they were victims of a two‑fold discrimination: firstly, in relation to those pensioners whose pensions fell below the cap and who thus remained unaffected by it, and secondly, in relati... | 3 |
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