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848 | null | 2. The applicant was born in 1969 and lives in Bratislava. He was represented by Škubla & Partneri s.r.o., a law firm with its registered office in Bratislava. 3. The Government were represented by their Agents, Ms M. Pirošíková, who was succeeded by Ms M. Bálintová. 4. The facts of the case may be summarised as follow... | This case concerned a surveillance operation (“the Gorilla operation”) carried out in 2005 and 2006 by the Slovak Intelligence Service (SIS) and the intelligence material obtained by it. The applicant – a prominent businessman associated with an influential finance group and a business partner of the applicant in the c... |
207 | Access to a lawyer | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1973 and was detained in London at the time he lodged his application. 10. On 9 October 2009 the Public Prosecutor ordered an investigation against the applicant on charges of rape and indecent assault on a girl under the age of sixteen, with the aggravating... | This case concerned the failure to provide the applicant with effective legal assistance after he was arrested under a European Arrest Warrant, during both his police interview and his first appearance before the investigating judge the next day. |
711 | Right to collective bargaining | 2. The years of the applicants’ birth, registration or establishment and their places of residence or seat are indicated in the appended table. They were represented by Mr W. Däubler, Dußlingen (first applicant), Mr F. Schorkopf, Göttingen (second applicant) and Mr U. Fischer, Frankfurt a.M. (applicants in the third to... | This case concerned the Uniformity of Collective Agreements Act (Tarifeinheitsgesetz), which regulates conflicts that arise if there are several collective agreements in one “business unit” (Betrieb) of a company1. The applicants – three German trade unions and six members of one of them – submitted that the relevant p... |
299 | Prevention of terrorism | 10. The applicants, who are German nationals, are Gerhard Klass, an Oberstaatsanwalt, Peter Lubberger, a lawyer, Jürgen Nussbruch, a judge, Hans- Jürgen Pohl and Dieter Selb, lawyers. Mr. Nussbruch lives in Heidelberg, the others in Mannheim. All five applicants claim that Article 10 para. 2 of the Basic Law ( Grundges... | In this case the applicants, five German lawyers, complained about legislation in Germany empowering the authorities to monitor their correspondence and telephone communications without obliging the authorities to inform them subsequently of the measures taken against them. |
613 | Freedom of expression in the employment context | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1961 and lives in Berlin. She had been working as a geriatric nurse for Vivantes Netzwerk für Gesundheit GmbH (hereinafter referred to as “Vivantes”), a limited liability company specialising in health care, geriatrics and assistance to the elderly which is ... | This case concerned the dismissal of a geriatric nurse after having brought a criminal complaint against her employer alleging deficiencies in the care provided. The applicant complained that her dismissal and the courts’ refusal to order her reinstatement had violated her right to freedom of expression. |
992 | Cases in which the Court found no violation of Article 18 in conjunction with Article 5 | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1970 and lives in Dnipro (named Dnipropetrovsk prior to June 2016). A. The applicant ’ s involvement in Ukrainian politics 7. From 19 March 2014 to 24 March 2015 the applicant was Deputy Head and Chief of Staff of the Dnipropetrovsk Regional State Administra... | This case mainly concerned the arrest of the applicant, a well-known politician, following several sets of criminal proceedings brought against him. The applicant alleged in particular that his arrest on 31 October 2015 and re-arrest on 3 November 2015 had been unlawful and arbitrary. He also complained that his pre-tr... |
283 | Prevention of terrorism | I. THE CIRCUMSTANCES OF THE CASE 6. At the time of the facts set out below the applicants resided in the United Kingdom on student visas. Their details are set out in the appendix. A. The applicants’ arrests and initial detention 7. On 8 April 2009 the applicants were arrested, along with nine others, under the Terrori... | This case concerned the arrest and detention of the applicants, three Pakistani nationals, in the context of a counterterrorism operation. The applicants complained in particular about the search of their homes during their detention. |
797 | Risk of ill-treatment in case of expulsion or extradition | I. THE CIRCUMSTANCES OF THE CASE 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. The applicant is an Afghan national from Nangarhar province in eastern Afghanistan who was born in 1979 and lives in the United Kingdom. 8. He arrived in the United Kingdom on 30 August 2010 and clai... | Seriously injured during a rocket launch in Afghanistan in 2006 and left disabled following several amputations, the applicant arrived in the United Kingdom on 30 August 2010. On 1 September 2010, he applied for asylum alleging that his removal to Afghanistan would expose him to ill-treatment. The applicant unsuccessfu... |
309 | Prevention of terrorism | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1956 and lives in Istanbul. 6. The applicant was the director of the Eminönü district branch of HADEP ( Halkın Demokrasi Partisi – the People ’ s Democracy Party) in Istanbul at the time of the events giving rise to the application. 7. On 24 June 2000 a numb... | This case concerned the complaint by a local leader of a political party that his conviction on account of illegal pictures and publications found in the office of his party had amounted to an unjustified interference with his right to freedom of expression. |
311 | Prevention of terrorism | I. THE CIRCUMSTANCES OF THE CASE 4. At the time of the events giving rise to the present application, the applicants lived in Istanbul and their children attended different public elementary schools. 5. On unspecified dates in December 2001 the applicants (save for Mr Yılmaz Yavuz) each sent petitions to the Bağcılar, ... | At the time of the events giving rise to the present application, the 20 applicants lived in Istanbul and their children attended different public elementary schools. The case concerned the criminal proceedings brought against them for aiding and abetting the PKK (Workers’ Party of Kurdistan), after they had submitted ... |
340 | Police violence | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1951 and lives in Bingöl. 10. On 15 October 1993 the applicant and two days later his wife, Mrs N.F., were taken into police custody in Bingöl on suspicion of aiding and abetting an illegal terrorist organisation, namely the PKK ( Workers'Party of Kurdistan ... | In October 1993 the applicant and his wife were taken into police custody on suspicion of aiding and abetting the PKK (Workers’ Party of Kurdistan), an illegal organisation. The applicant’s wife was held in police custody for four days. She alleged that she had been kept blindfolded and that police officers had hit her... |
630 | Employees | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1964 and lives in Kostrena. 6. Between 1 October 2003 and 1 October 2007 the applicant was the director of a municipal utility company, KD Kostrena (hereinafter “the company”), whose sole shareholder is the Municipality of Kostrena ( Općina Kostrena). The co... | The applicant, the director of a municipal company providing public utility services, was summarily dismissed from her post after making statements to the media defending herself a week after the company chairman had publicly criticised her work in a press article. The decision to dismiss her was taken on the grounds t... |
729 | Environmental risks and access to information | I. THE CIRCUMSTANCES OF THE CASE 8. The applicants are: 1) Mr Dag Vilnes, born in 1949, who lives in Tønsberg; 2) Mr Magn Håkon Muledal, born in 1953, who lives in Førde; 3) Mr Anders Lindahl, born in 1942, who lives in Avaldsnes; 4) Mr Sigurdur P. Hafsteinsson, born in 1953, who lives in Jersey ( United Kingdom ); 5) ... | This case concerned complaints by former divers that they were disabled as a result of diving in the North Sea for oil companies during the pioneer period of oil exploration (from 1965 to 1990). All the applicants complained that Norway had failed to take appropriate steps to protect deep sea divers’ health and lives w... |
570 | Cases in which the Court found a violation of Article 4 of Protocol No. 4 to the Convention | THE CIRCUMSTANCES OF THE CASE 8. The facts of the cases, as submitted by the parties, may be summarised as follows. M.K. v. Poland, application no. 40503/17 The applicant’s situation prior to the application for an interim measure The applicant’s situation prior to the application for an interim measure The applicant’s... | This case concerned the repeated refusal of Polish border guards on the border with Belarus to admit the applicants, who had come from Chechnya and claimed that they had unsuccessfully attempted to submit applications for international protection at the border numerous times. The applicants complained in particular of ... |
543 | Violent acts by private individuals | I. THE CIRCUMSTANCES OF THE CASE 6. The first applicant was the mother and the second applicant was the brother of Mr Angel Dimitrov Iliev (“the victim”), who was of Roma origin and twenty-eight years old at the time of his death. A. The death of Mr Iliev 7. On the evening of 18 April 1996, in the town of Shumen, the v... | The applicants, mother and son, complained about the racially motivated killing of their respective son and brother by seven teenagers, and about the subsequent failure by the Bulgarian authorities to investigate and prosecute those responsible. |
609 | Wearing of religious symbols or clothing in the public space | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1977 and lives in Dison. 7. The applicant stated that she was a Muslim and had decided, on her own initiative, to wear the niqab – a veil covering the face except for the eyes – in accordance with her religious beliefs. She said that she had taken the decisi... | This case concerned a by-law adopted in June 2008 by three Belgian municipalities (Pepinster, Dison and Verviers) concerning a ban on the wearing in public places of clothing that conceals the face, and the subsequent proceedings before the Conseil d’État. |
1,053 | Pensions | I. THE CIRCUMSTANCES OF THE CASE 8. The applicant was born in 1938 and lives in Vienna. He has spent about twenty-eight years of his life in prison. During his prison terms he worked for lengthy periods in the prison kitchen or the prison bakery. As a working prisoner the applicant was not affiliated to the old-age pen... | The applicant, who spent some twenty-eight years of his life in prison, complained in particular that the exemption of prison work from affiliation to the old-age pension system was discriminatory and deprived him of receiving pension benefits. |
914 | Tribunal established by law | 2. The applicant was born in 1980 and lives in Gdynia. Having been granted legal aid, she was represented by Ms M. Gąsiorowska, a lawyer practising in Warszawa. 3. The Polish Government (“the Government”) were represented by their Agent Mr J. Sobczak, of the Ministry of Foreign Affairs. THE BACKGROUND TO THE CASENation... | The applicant, a barrister who had been suspended for three years following several incidents when she was representing a client, submitted that the Disciplinary Chamber of the Polish Supreme Court, which had decided on a case concerning her, had not been a “tribunal established by law” and had lacked impartiality and ... |
1,039 | Care allowances and personal assistance | 2. The applicant was born in 1930 and died in 2020. He lived in Oradea. He was represented by Mr D.M. Marcu, a lawyer practising in Oradea. On 27 April 2020 Mr Ioan-Dan Jivan, his son and only heir, expressed his wish to continue the proceedings. 3. The Government were represented by their Agent, most recently Ms O.F. ... | In 2017 the applicant, born in 1930 and who was already suffering from several allegedly debilitating medical conditions, had a leg amputated. The case concerned a court ruling that he was only medium-level disabled, not severely disabled. The applicant complained, in particular, that he was forced into isolation by th... |
333 | Demonstrators | I. THE CIRCUMSTANCES OF THE CASE 11. Mrs Anca Mocanu and Mr Marin Stoica were born in 1970 and 1948 respectively. They live in Bucharest. 12. The Association “ 21 December 1989 ” ( Asociaţia 21 Decembrie 1989 ) was set up on 9 February 1990 and is based in Bucharest. 13. The applicant association brings together mainly... | This case concerned in particular the investigation which followed the violent crackdown on anti-government demonstrations in Bucharest in June 1990. During the crackdown, the first applicant’s husband was killed by gunfire and the second applicant was arrested and ill-treated by the police. Both applicants submitted t... |
600 | Proselytism | I. THE CIRCUMSTANCES OF THE CASE 6. Mr Minos Kokkinakis, a retired businessman of Greek nationality, was born into an Orthodox family at Sitia ( Crete ) in 1919. After becoming a Jehovah ’ s Witness in 1936, he was arrested more than sixty times for proselytism. He was also interned and imprisoned on several occasions.... | A Jehovah’s Witness, the applicant complained of his criminal conviction of proselytism by the Greek courts in 1988 after engaging in a conversation about religion with a neighbour, the wife of a cantor at a local Orthodox church. |
338 | Freedom of expression (Article 10) | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1980 and lives in Helsinki. 10. He is a photographer and journalist who is employed by the weekly magazine Suomen Kuvalehti. On 9 September 2006 he was sent by his employer to take photographs of the demonstration which was being held in protest against the ... | This case concerned the apprehension of the applicant, a media photographer, during a demonstration and his subsequent detention and conviction for disobeying the police. The applicant complained that his right to freedom of expression had been violated by his apprehension, detention and conviction, as he had been prev... |
64 | Disappearance of new-born baby in hospital care | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1953 and lives in Batočina. 6. The facts of the case, as submitted by the parties, may be summarised as follows. A. The specific facts of the applicant’s case 7. On 28 October 1983 the applicant gave birth to a healthy baby boy in the Ćuprija Medical Centre ... | This case concerned the alleged death of the applicant’s healthy new-born son in 1983 in a State-run hospital. She had never been allowed to see his body and suspected that her son may even still be alive, having unlawfully been given up for adoption. |
989 | Cases in which the Court has found a violation of Article 18 in conjunction with Article 5 of the Convention | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1972 and lives in Baku. 6. The facts of the case are similar to a large extent to those in the cases of Rasul Jafarov v. Azerbaijan (no. 69981/14, 17 March 2016), Mammadli v. Azerbaijan ( no. 47145/14, 19 April 2018), and Aliyev v. Azerbaijan (nos. 68762/14 ... | This case concerned the arrest and pre-trial detention of an opposition activist. The applicant submitted in particular that there was no reasonable suspicion that he had committed a criminal offence and that the courts had failed to carry out an effective review of his detention. He also alleged that his arrest and pr... |
321 | Prohibition of slavery and forced labour (Article 4) | I. THE CIRCUMSTANCES OF THE CASE 6. The applicants were born in 1985, 1959, 1958 and 1977 respectively and live in the village of Novo Selo in the Vidin region (Bulgaria). The applicants are of Roma ethnic origin. At the time of the events (May-June 2003), the first applicant was still a minor. The second and third app... | The applicants, of Roma origin and Bulgarian nationality, complained that, having arrived in Italy to find work, their daughter was detained by private individuals at gunpoint, was forced to work and steal, and sexually abused at the hands of a Roma family in a village. They also claimed that the Italian authorities ha... |
1,015 | Cases concerning the international military operations in Iraq during the Second Gulf War | A. The circumstances of the case 1. The death of Mr Azhar Sabah Jaloud 2. The investigation 3. Domestic proceedings B. Weapons used in the incident 1. Diemaco C7A1 2. Kalashnikov AK-47 C. The Netherlands military presence in Iraq 1. General background 2. The letter to the Lower House of Parliament 3. Royal Military Con... | This case concerned the investigation by the Netherlands authorities into the circumstances surrounding the death of an Iraqi civilian (the applicant’s son) who died of gunshot wounds in Iraq in April 2004 in an incident involving Netherlands Royal Army personnel. The applicant complained that the investigation into th... |
823 | Right to vote (Article 3 of Protocol No. 1) | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1954 and lives in Rózsaszentmárton. 7. In 1991 the applicant was diagnosed with manic depression. On 27 May 2005 he was placed under partial guardianship. Although this measure was based on the Civil Code which deals with the pecuniary and certain personal r... | Diagnosed with a psychiatric condition in 1991, the applicant was placed under partial guardianship in May 2005 on the basis of the civil code. In February 2006, he realised that he had been omitted from the electoral register drawn up in view of the upcoming legislative elections. His complaint to the electoral office... |
70 | Filiation | I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1966 and lives in Jurdani. 5. On 25 February 2003 the applicant was divested of his legal capacity ( poslovna sposobnost ) by a decision of the Opatija Municipal Court ( Općinski sud u Opatiji ). The decision was based on a report by a psychiatrist, who esta... | The applicant complained that he had been denied the right to be registered as the father of his biological child, born out of wedlock. As he suffered from personality disorders as a result of long-term drug abuse, he had been deprived of legal capacity on the recommendation of a psychiatrist. |
794 | Right to liberty and security (Article 5 of the Convention) | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1956 in Ruse, where he lived until December 2002 and where his half-sister and his father’s second wife, his only close relatives, also live. On 20 December 1990 a panel of occupational physicians declared him unfit to work. The panel found that as a result ... | In 2000, at the request of two of the applicant’s relatives, a court declared him to be partially lacking legal capacity on the ground that he was suffering from schizophrenia. In 2002 the applicant was placed under partial guardianship against his will and admitted to a social care home for people with mental disorder... |
725 | Access to court | 2. The individual applicants were born in 1963, 1962 and 1961 respectively and live in Wapenveld. The applicant foundation has its registered address in Wapenveld and is the owner of an estate situated at that address, where it runs a study centre. The applicants were represented by Mr R.S. Wertheim, a lawyer practisin... | The applicants’ premises and land were located in close proximity to a motocross track. The Provincial Executive had published a notification of a draft decision and decision to extend the opening hours of the track on its website, which the applicants had not seen in time. The applicants had subsequently lodged an app... |
671 | Professionals | I. THE CIRCUMSTANCES OF THE CASE A. Introduction 5. The applicant was born in 1958 and lives in Oslo. She is a well-known lawyer who mainly deals with criminal and child custody cases. She is married to a businessman and was formerly a talk show host and active participant in public debate. 6. In August and September 2... | This case concerned the Norwegian courts’ refusal to impose civil liability on an Internet forum host after vulgar comments about the applicant, a well-known lawyer, had been posted on the forum. The applicant complained that the authorities had violated her rights by not sufficiently protecting her right to protection... |
713 | Right to form, to join or not join a trade union | I. PARTICULAR CIRCUMSTANCES OF THE THE CASE 9. From the summer of 1987 until the end of the summer of 1990 the applicant owned the summer restaurant Ihrebaden at Ihreviken, Tingstäde, on the island of Gotland. The applicant further owned - and continues to own - the youth hostel Lummelunda at Nyhamn, Visby, also on Got... | This case concerned trade union action (boycott and blockade of a restaurant) against an applicant who had refused to sign a collective agreement in the catering sector. |
1,007 | Cases concerning NATO operations in Afghanistan | THE BACKGROUND TO THE CASE 9. The applicant was born in Omar Khel, Afghanistan, and lives there. 10. Following the attacks of 11 September 2001, the United States, together with the United Kingdom, launched military operations in Afghanistan on 7 October 2001. Called Operation Enduring Freedom, these operations include... | This case concerned the investigations carried out following the death of the two sons of the applicant – an Afghan national who lived in Afghanistan – in an airstrike near Kunduz, Afghanistan, in September 2009, ordered by a colonel of the German contingent of the International Security Assistance Force (ISAF) command... |
471 | Preliminary ruling | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1964 and lives in Munich. He and Mr W. founded the T.AG, a directory enquiries service. The T.AG received, for a fee, the required subscriber information from DTAG. In 2007 and 2008 DTAG was ordered to refund the T.AG part of the fees paid, as they had been ... | This case concerned civil proceedings, during which the applicant requested a referral to the Court of Justice of the European Union. The applicant complained about the German courts’ refusal to refer questions to the Court of Justice for a preliminary ruling and of a failure to provide adequate reasoning for that refu... |
974 | Internet | 2. The applicant was born in 1959 and lives in Genappe. He was represented by Mr A. Berenboom, lawyer. 3. The Belgian Government (“the Government”) were represented by their Agent, Ms I. Niedlispacher, of the Federal Justice Department. BACKGROUND TO THE CASE 4. The applicant is the publisher of the newspaper Le Soir, ... | This case concerns a civil judgment against the applicant, in his capacity as publisher of the daily newspaper Le Soir, ordering him to anonymise an article in its electronic archive which mentioned the full name of a driver who had been responsible for a deadly road accident in 1994. The order was based on the individ... |
808 | Legal capacity | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1971 and lives in Naujoji Akmenė. 6. In November 19 8 9 he started military service in the armed forces of the Soviet Union. Medical records dated 20 June 1990 drafted by a panel of doctors in his military unit in Riazan ( Russia), stipulated that at that ti... | The applicant, who had a history of mental illness, complained that he had been deprived of his legal capacity without his participation or knowledge and that, as an incapacitated person, he had then been unable to himself request that his legal capacity be restored. |
114 | Domestic violence / abuse | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1929 and lives in Ylöjärvi. 6. On 20 July 2000 she took her daughter's son to a doctor. The boy was three years old at the time. 7. According to the doctor's report, the applicant said that she had noticed a bruise on the boy's back which might have been cau... | This case concerned a grandmother’s conviction for defamation of her son-in-law after she had taken her three-year-old grandson to a doctor and voiced a suspicion that he might have been hit by his father. |
1,058 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | I. general background 6. The applicants were at all relevant times building societies within the meaning of the Building Societies Act 1986. Building societies operate under the status of “mutual societies” under English law as opposed to the status enjoyed by companies under company law. A building society’s members a... | This case concerned legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992). The applicant building societies1 alleged in particular a violation of the right to pro... |
535 | Police brutality | 8. The applicants, who are Greek nationals of Roma origin, were born in 1980 and live in Mesolonghi ( Western Greece ). I. THE CIRCUMSTANCES OF THE CASE A. Outline of the events 9. On 8 May 1998, at approximately 00 .45 a.m., a patrol car from the Mesolonghi police station responded to a telephone complaint reporting t... | The applicants, two Greek nationals belonging to the Roma ethnic group, alleged in particular that they had been subjected to acts of police brutality while in police detention. They also complained that the authorities had failed to carry out an adequate investigation into the incident, and that the impugned events ha... |
326 | Issues under Article 8 (right to respect for private and family life) of the Convention | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1978 and lives in Istanbul in Turkey. 1. General background 7. The applicant was born in Mannheim in Germany, where he lived with his parents and his younger sister and attended school. On an unspecified date the applicant's brother died in an accident. His ... | The applicant, a Turkish national who had lived in Germany for some 30 years, was convicted in 1999 for, among other things, attempted aggravated trafficking in human beings and aggravated battery. He was expelled in 2001 from Germany to Turkey after he had served two thirds of his prison sentence, as the courts found ... |
702 | Internet sites providing educational information | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1961. According to the latest information in the Court ’ s possession, he was serving a sentence in the Pravieniškės Correctional Home. A. Internet access 6. On 30 May 2006 the applicant wrote to the Ministry of Education and Science ( Švietimo ir mokslo min... | This case concerned a prisoner’s complaint that he had been refused access to a website run by the Ministry of Education and Science, thus preventing him from receiving education-related information. He had written to that Ministry requesting information about the possibility of enrolling at university in order to acqu... |
393 | Mass hunger strikes and use of force by the authorities | I. THE CIRCUMSTANCES OF THE CASE 7. At the time of the events the applicants were serving sentences at Izyaslav Prison no. 31 (further referred to as “Izyaslav Prison” or “the prison”), a minimum security prison, in the Khmelnytskyy region. A. Background facts 1. The prisoners’ hunger strike 8. On 14 January 2007 pract... | In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted a security operation using officers and special forces. Immediately after the search, a group of prisoner... |
201 | Access to a lawyer | I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1975. 5. On 30 January 2001, in the context of an operation carried out against the illegal armed organisation Hizbullah (“Party of God”), the applicant was arrested and taken into police custody. 6. The applicant signed a “form explaining the rights of arre... | The applicant, who was charged with, and subsequently convicted of, being a Hezbollah member, did not have the assistance of a lawyer while he was in police custody. |
834 | Searches and seizures carried out at a lawyer’s offices or home | I. THE PARTICULAR CIRCUMSTANCES OF THE CASE 6. Mr Niemietz lives in Freiburg im Breisgau, Germany, where he practises as a lawyer ( Rechtsanwalt ). 7. On 9 December 1985 a letter was sent by telefax from the Freiburg post office to Judge Miosga of the Freising District Court ( Amtsgericht ). It related to criminal proc... | This case concerned a search of a lawyer’s office in course of criminal proceedings for insulting behaviour against a third party. The applicant complained in particular that his right to respect for his home and correspondence had been violated. |
822 | Right to education (Article 2 of Protocol No. 1) | 2. The applicant was born in 2004 and lives in Eboli. She was represented before the Court by Mr A. L. (her father) and Ms M.E. D’Amico, a lawyer practising in Milan. 3. The Italian Government (“the Government”) were represented by their former Agent, Mrs Spatafora, and her former coagent Mrs M. E. D’Amico, a lawyer pr... | This case concerned the inability for the applicant, a young girl suffering from nonverbal autism, to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Italian Government relied, in particular, on a lack of f... |
709 | Right to collective bargaining | I. THE CIRCUMSTANCES OF THE CASE A. The first and second applicants 9. The first applicant, Mr Wilson, was employed as a journalist at the Daily Mail by Associated Newspapers Limited. The local branch, or “Chapel” of the second applicant, the NUJ, had been recognised since at least 1912 for the purpose of collective ba... | The applicants submitted that the law applicable in the United Kingdom at the relevant time failed to secure their rights under Article 11 of the Convention. They complained in particular that the requirement to sign a personal contract and lose union rights, or accept a lower pay rise, was contrary to the Employment P... |
379 | Ill-treatment by prison officers | I. THE CIRCUMSTANCES OF THE CASE 6. The first applicant was born in 1978 and lives in Turin. The second applicant was born in 1975 and was detained in Turin up to the time of his death on 10 January 2017. A. The events of December 2004 7. In 2004 the applicants were detained in the Asti Correctional Facility. 8. On 10 ... | This case concerned the complaint by two detainees that in December 2004 they were ill-treated by prison officers of the Asti Correctional Facility. The applicants maintained in particular that the acts of violence and ill-treatment which they had suffered in the correctional facility amounted to torture and that the p... |
635 | Journalists and publishing companies | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant, a limited liability company with its seat in Vienna, is the owner of the daily newspaper Der Standard. 6. In its issue of 14 May 2004 Der Standard published an article in the domestic politics section under the heading “ Gossip mongering ” ( “ Kolportiert ” ). The arti... | This case concerned the conviction for defamation of the applicant publishing company arising out of the publication of an article in a daily newspaper owned by the applicant commenting on rumours that the wife of the then Austrian President intended to divorce and had close contacts with two men, an Austrian politicia... |
141 | Sexual abuse | I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1997. 5. Following the death of her grandmother in 2010 the applicant, who was a minor at the time, began to show signs of distress. Her parents sought the opinion of a psychiatrist, who emphasised that their daughter was suffering from emotional instability... | The case concerned a person who, as a minor suffering from alcohol and drug addiction, had been the victim of a child prostitution ring and gang rape. She complained that the Italian authorities had not taken all the necessary steps to protect her as a minor and the victim of a prostitution ring. |
342 | Police violence | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1974 and lives in Istanbul. 6. On 7 June 1999 the applicant and a number of other suspects were taken into police custody by officers from the Security Branch of the Istanbul Security Headquarters ( Güvenlik Şube Müdürlüğü ) on suspicion of membership of the... | Arrested in June 1999 on suspicion of being a member of an illegal political organisation, the applicant alleged that while in custody she had been subjected to ill-treatment which had amounted to torture. Furthermore, she argued that the authorities had failed to carry out an effective investigation into her allegatio... |
876 | Respect for private life in the employment context | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1969 and lives in Chişinău. At the time of the events she was thirty-four years old and married. She was a lecturer at the Police Academy. 6. It appears from the case-file materials that at the time of the events the relationship between the applicant and he... | This case concerned the applicant’s complaint about a State-owned hospital’s disclosure of medical information about her to her employer. She was a lecturer at the Police Academy and in August 2003, pregnant with twins, was hospitalised for a fortnight due to a risk of her miscarrying. She gave a sick note certifying h... |
683 | Online hate speech | 2. The applicant company, a limited liability company registered in Vienna, was represented by Ms M. Windhager, a lawyer practising in Vienna. 3. The Government were represented by their Agent, Ambassador H. Tichy, Head of the International Law Department at the Federal Ministry for European and International Affairs. ... | This case concerned court orders for the applicant media company to reveal the sign-up information of registered users who had posted comments on its website, the website of the newspaper Der Standard. This had followed comments allegedly linking politicians to, among other things, corruption or neo-Nazis, which the ap... |
830 | In the context of terrorism and national security considerations | 2. The applicant was born in 1977 in Tajikistan. In 2007 he moved to Russia, where he was arrested in 2018 and placed in a temporary detention centre for foreigners for his failure to comply with domestic authorities ’ decision prescribing him to leave the country. He was represented by Mr Y. Mylnikov, a lawyer practis... | This case concerned a national of Tajikstan’s complaint about decisions to revoke his Russian citizenship and remove him from Russian territory. The applicant had been granted Russian citizenship in 2008, but it had been revoked ten years later when the authorities discovered that he had omitted the names of his brothe... |
502 | Pension scheme | I. THE CIRCUMSTANCES OF THE CASE 8. The applicant was born in 1939 and lives in Vienna. 9. At the time of the events the applicant was a civil servant in the administration of the Vienna Municipality. On 21 June 1988 the applicant ’ s wife, who was also a civil servant in the administration of the Vienna Municipality, ... | The applicant complained about the reduction of his survivor’s pension under the amended Pension Act and the Pension Allowance Act. According to the provisions of this Act, widowers were entitled to receive 40% of the pension their deceased wife had acquired before January 1995 while widows were entitled to 60% of the ... |
634 | Journalists and publishing companies | I. THE CIRCUMSTANCES OF THE CASE 6. The first applicant, Tønsbergs Blad A/S, is the publisher of the newspaper Tønsbergs Blad. The second applicant, Mrs Marit Haukom, is its former editor-in-chief. She is a Norwegian national who was born in 1952 and lives in the city of Tønsberg in southern Norway. A. Background to th... | This case concerned orders against the applications – the publisher and editor-in-chief of a newspaper – to pay compensation and costs as a result of a newspaper article identifying a leading industrialist as being on a list of householders suspected of contravening local regulations |
579 | Expulsion or extradition cases | I. THE CIRCUMSTANCES OF THE CASE 9. In 1995, at the age of 22, the applicant met a man (“X”) in Iran while attending a secretarial college. She fell in love with him and after some time they decided to get married. 10. However, X’s family was opposed to their marriage. In June 1997 X married another woman. The applican... | The applicant fled to Turkey from Iran in 1997 fearing that she would be convicted of having committed adultery, an offence under Islamic law, and sentenced to be stoned to death or flogged. Before the Court, she complained in particular that her right not to be subjected to ill-treatment would be breached if she were ... |
315 | Prevention of terrorism | I. THE CIRCUMSTANCES OF THE CASE 8. The first applicant, the political party Herri Batasuna, was founded on 5 June 1986. 9. The second applicant, the political party Batasuna, was founded on 3 May 2001. A. Background to the case 10. On 27 June 2002 the Spanish parliament enacted Institutional Law no. 6/2002 on politica... | This case concerned the dissolution of the political parties “Herri Batasuna” and “Batasuna”. The applicants complained that an organic law on political parties enacted by the Spanish Parliament in 2002 was not accessible or foreseeable, was applied retrospectively and had no legitimate aim; they also considered that t... |
441 | Medical assistance for prisoners with a physical illness | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1948 in the Lerik Region, Azerbaijan, and currently lives in The Hague, the Netherlands. A. Arrest, conviction and commutation of the sentence 7. Until 1988 the applicant was the deputy director of a transport warehouse in the city of Lenkoran, Azerbaijan. I... | The applicant, who had a number of serious diseases, including tuberculosis, alleged in particular that the Azerbaijani authorities had knowingly and willingly contributed to a serious deterioration in his health by denying him adequate medical treatment in prison. |
335 | Demonstrators | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1939 and lives in Rome. A. Context in which the G8 Summit took place in Genoa 7. The twenty-seventh G8 Summit took place in Genoa on 19, 20 and 21 July 2001 under the chairmanship of Italy. 8. In the run-up to the Summit a large number of non- governmental o... | The twenty-seventh G8 summit took place in Genoa in July 2001. A number of NGOs organised an alternative anti-globalisation summit in the city at the same time. The case concerned events which occurred at the end of the G8 summit, in a school made available by the municipal authorities to be used as a night shelter by ... |
82 | Parental authority, child custody and access rights | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1976 and lives in Białystok. A. Background facts 6. The applicant is deaf and mute. He uses sign language to communicate with other people. 7. The applicant and A.N. married on 20 August 2005. A.N. suffers from a hearing impairment and has had a hearing impl... | This case concerned the contact rights of a deaf and mute father with his son, who also has a hearing impairment. The applicant complained in particular about the dismissal of his request to extend contact with his son. |
948 | Deprivation of voting rights as part of a criminal investigation | I. THE CIRCUMSTANCES OF THE CASE A. The applicant's detention and the proceedings against him 10. The applicant was arrested on 21 April 1992 in connection with an investigation involving forty-six people under a warrant issued by the Trapani District Court on 18 April 1992. He was suspected of being a member of a mafi... | The applicant was arrested in April 1992 on suspicion of being a member of the Mafia, following uncorroborated allegations by a former Mafioso who had decided to cooperate with the authorities. He was held in detention pending trial for approximately two years and seven months. Following his acquittal, preventive measu... |
265 | (Suspected) terrorists | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1974 and lives in Milan. 10. The applicant, who entered Italy at some unspecified time between 1996 and 1999, held a residence permit issued for “family reasons” by the Bologna police authority ( questura ) on 29 December 2001. This permit was due to expire ... | This case concerned the risk of ill-treatment if the applicant were to be deported to Tunisia, where he claimed to have been sentenced in absentia in 2005 to 20 years’ imprisonment for membership of a terrorist organisation. |
638 | Journalists and publishing companies | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1969 and lives in Budaörs. 6. On 2 January 2008 the applicant, a journalist, published an article in a column entitled “Opinion” of a national daily paper. The subject of the article was the quality of a well-known Hungarian wine variety, a product of T. Zrt... | A journalist, the applicant complained about his conviction for libel for harshly criticising the quality of a well-known variety of Hungarian wine, produced by a State-owned company, in a national daily newspaper. The Hungarian courts found that although the applicant was entitled to express his opinion about the wine... |
544 | Violent acts by private individuals | I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1977 and lives in Luka. 1. Background to the case 5. On 9 December 1999 a request that minor-offences proceedings be instituted against the applicant was lodged with the Zaprešić Minor Offences Court ( Prekršajni sud u Zaprešiću ), following an allegation th... | The applicant complained that following a violent attack against him, the domestic authorities had failed to carry out effective investigation and prosecution. He further alleged that both the attack and the subsequent proceedings showed that he had been discriminated against on account of his Roma origin. |
728 | Exposure to environmental hazards | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1938 and currently lives in Lancashire. 10. In 1953 he joined the British army at 15 years of age. He served with the Royal Engineers between February 1954 and April 1968, when he was discharged for reasons unrelated to the present application. In 1981 he wa... | The applicant, who was born in 1938 and has been registered as a person with disabilities since 1992, was suffering from health problems as a result of his exposure to toxic chemicals during tests carried out on him in the early 1960s while he was serving in the British army. He complained that he had not had access to... |
1,088 | Freedom of expression in the employment context | I. THE CIRCUMSTANCES OF THE CASE 4. The applicant was born in 1963 and lives in Balassagyarmat. 5. The applicant is a television journalist. From 15 February 2001 he was employed by the State television company ( Magyar Televízió Zrt. ). Following an amendment of his work contract on 10 July 2002, he was appointed for ... | The applicant, a journalist employed by the State television company, was dismissed in 2004 for breaching a confidentiality clause after he published a book concerning alleged censorship by a director of the company. He unsuccessfully challenged his dismissal in the domestic courts. |
506 | Unavailability of widows’ allowances to widowers | I. THE CIRCUMSTANCES OF THE CASES 6. The facts of each case, as submitted by the parties, may be summarised as follows. A. Mr Runkee 7. Mr Runkee was born in 1938 and lives in Hull. 8. He married in 1964. He and his wife had three children, born in 1965, 1966 and 1974. On 15 March 1998 his wife died. She had worked ful... | Both applicants complained that, as men, they were not entitled to receive widows’ benefits (Widow’s Pension and Widow’s Payment) equivalent to those available to comparable bereaved women. |
69 | Filiation | I. THE CIRCUMSTANCES OF THE CASE 8. The applicant was born in 1936 and lives in Bidnija ( Malta ). A. The background of the case 9. The applicant is a well-known businessman in Malta. On 29 December 1963 he married a Maltese national, X, in a Catholic ceremony. In 1966 X became pregnant; at that time she was still livi... | In 1966, the applicant’s wife became pregnant. The following year, the couple separated. The applicant, under Maltese law, was automatically considered to be the father of the child born in the meantime and was registered as her natural father. Following a DNA test which, according to the applicant, established that he... |
145 | Unaccompanied foreign minor | 2. The applicants were allegedly born in 1999. Mr Ousainou Darboe lives in Padua. The whereabouts of Mr Moussa Camara are unknown. The applicants are represented before the Court by Mr M. Ferrero and Ms E. Chiaretto, lawyers practising in Padua. 3. The Italian Government (“the Government”) were represented by their Age... | In June 2016, the applicants in this case, a Gambian national and a Guinean national respectively, arrived in Italy on makeshift vessels, and claimed asylum as alleged unaccompanied minors. The case concerned their placement in an adult migrant centre and the age-assessment procedure that ensued. |
208 | Access to a lawyer | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1970 and lives in Ukhta, the Komi Republic. A. The applicant ’ s arrest and ensuing events 6. In April 2005 a jewellery shop and other premises in a commercial centre in the Sosnogorsk district of the Komi Republic were robbed; in the course of those events,... | This case concerned the applicant’s complaint of having been ill-treated in police custody and of the unfairness of the criminal trial against him, in which his statement of “surrender and confession”, made as a result of his ill-treatment and in the absence of a lawyer, was used as evidence. |
424 | Challenging the lawfulness of detention | I. THE CIRCUMSTANCES OF THE CASE A. Background 6. The first applicant, who was born in 1974 and is a citizen of Afghanistan, left Afghanistan on an unspecified date and entered Bulgaria in 1998. 7. On an unspecified date the first applicant unsuccessfully sought asylum in Bulgaria. The terms of his application, the rea... | This case concerned the detention pending expulsion from Bulgaria of an Afghan father of two young children and the impossibility for him to effectively challenge his situation. |
261 | Article 3 (prohibition of torture and inhuman or degrading punishment or treatment) of the Convention | I. THE CIRCUMSTANCES OF THE CASE 13. The applicant was born in 1949 and is currently being held in İmralı Prison (Mudanya, Bursa, Turkey ). Prior to his arrest, he was the leader of the PKK ( Workers'Party of Kurdistan ). The facts of the case, as submitted by the parties, may be summarised as follows. A. The applicant... | The applicant, founder of the illegal organisation PKK complained in particular about the irreducible nature of his sentence to life imprisonment, and about the conditions of his detention (in particular his social isolation and the restrictions on his communication with members of his family and his lawyers, whether b... |
749 | Freedom of assembly and association (Article 11 of the Convention) | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1977 and lives in Bucharest. 6. On 11 October 2009 the EcoPolis association, founded by the applicant and four other associates, opened proceedings before the Bucharest District Court to seek registration in the Register of Associations and Foundations kept ... | The applicant, founder of an environmental association, complained in particular about the Romanian courts’ refusal to register the association in question, without giving him time to rectify any irregularities in the articles of association – as had been provided for by national law – before ending the registration pr... |
275 | (Suspected) terrorists | I. THE PARTICULAR CIRCUMSTANCES OF THE CASE A. Peter Brannigan 10. The first applicant, Mr Peter Brannigan, was born in 1964. He is a labourer and lives in Downpatrick, Northern Ireland. He was arrested at his home by police officers on 9 January 1989 at 6.30 a.m. pursuant to section 12 (1) (b) of the Prevention of Ter... | In this case, the two applicants, who were IRA suspects, were arrested by the police in Northern Ireland and kept in police custody for six days, fourteen hours and thirty minutes, and four days, six hours and twenty-five minutes, respectively. They both complained in particular that they had not been brought promptly ... |
1,004 | Cases concerning the NATO operation in former Yugoslavia | I. THE CIRCUMSTANCES OF THE CASE 9. The ten applicants are all citizens of Serbia and Montenegro, which was known at the time of the events in question as the Federal Republic of Yugoslavia (“ the FRY”). The first two applicants, Dusan and Zoran Markovic, were born in 1924 and 1952 respectively, and applied to the Cour... | The application concerned an action in damages brought by the ten applicants, nationals of the former Serbia and Montenegro, before the Italian courts in respect of the deaths of their relatives as a result of air strikes on 23 April 1999 by the NATO alliance on the headquarters of Radio Televizije Srbije (RTS) in Belg... |
220 | Voluntary waiver of right to assistance of a lawyer | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1946 and lives in the village of Lazarevo in the Jewish Autonomous Region, Russia. 6. The applicant worked as a driver for a private company. 7. It appears that at the time there were several reported cases of the company workers allegedly pouring out diesel... | Convicted of stealing diesel from the company for which he worked as a driver and sentenced to a suspended prison sentence, the applicant complained that his conviction had been based on admissions he had made to police before the trial in the absence of a lawyer. |
1,086 | Dismissal | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1980 and lives in Athens. 7. The applicant had been working for a jewellery manufacturing company since 2001. On 4 March 2003 he resigned from his post in order to carry out his military service. Afterwards he contacted S.K., the owner of the company, who hi... | This case concerned the dismissal of an HIV-positive employee in response to pressure from other employees in the company. The applicant alleged that there had been a violation of his right to a private life, the Greek Court of Cassation having found his dismissal – justified by the fact that he was HIV-positive – to b... |
1,071 | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | A. The circumstances of the case 4. In their capacity as a lawyer and a law firm, the applicants had been retained by Clinique Les Roches Claires, a public limited company ( société anonyme ), to assist and represent it during audit operations conducted into its affairs for the period 1 January 1997 to 31 December 2000... | The applicants were a lawyer and a law firm. The case concerned a search of their offices in June 2001 by tax inspectors with a view to the discovery of evidence against a client company of the applicants’ practice which was suspected of tax evasion. The search was conducted in the presence of the first applicant, the ... |
53 | Applications lodged by the abducting parent | I. THE CIRCUMSTANCES OF THE CASE 15. The applicants were born in 1959 and 2003 respectively and live in Lausanne (Canton of Vaud). 16. The facts as submitted by the parties may be summarised as follows. 17. The first applicant, who refers to herself as Jewish, decided to settle in Israel in 1999. There she met an Israe... | The first applicant, a Swiss national, settled in Israel, where she got married and the couple had a son. When she feared that the child (the second applicant) would be taken by his father to an ultra-orthodox community abroad, known for its zealous proselytising, the Tel Aviv Family Court imposed a ban on the child’s ... |
829 | Following annulment of simulated marriage | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1964 in Egypt and currently lives in Hamrun, Malta. A. Background to the case 7. The applicant had a Maltese tourist visa, which had been issued in 1991 and had been valid for three months. Having overstayed this visa, he remained in Malta illegally. 8. In 1... | The applicant, originally an Egyptian citizen, acquired Maltese citizenship following his marriage to a Maltese national. It was revoked by the Minister of Justice and Internal Affairs following a decision by the relevant domestic court to annul the marriage on the ground that the applicant’s only reason to marry had b... |
223 | Scope | I. THE CIRCUMSTANCES OF THE CASE 9. The applicant was born in 1956 and lives in Vilnius. He is currently a member of the European Parliament. 10. On 5 January 2003 the applicant was elected President of the Republic of Lithuania. He took office on 26 February 2003, following his inauguration. On that occasion, in accor... | The applicant, a former President of Lithuania, was removed from office by Parliament following impeachment proceedings for committing a gross violation of the Constitution and breaching the constitutional oath. Criminal proceedings were also brought against him on a charge of disclosing information classified as a Sta... |
612 | Doctors and health workers | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1961 and lives in Berlin. She had been working as a geriatric nurse for Vivantes Netzwerk für Gesundheit GmbH (hereinafter referred to as “Vivantes”), a limited liability company specialising in health care, geriatrics and assistance to the elderly which is ... | This case concerned the dismissal of a geriatric nurse after having brought a criminal complaint against her employer alleging deficiencies in the care provided. The applicant complained that her dismissal and the courts’ refusal to order her reinstatement had violated her right to freedom of expression. |
337 | Journalists covering demonstrations | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1967 and lives in Baku. A. The alleged ill-treatment 6. The applicant was a journalist and the editor-in-chief of a newspaper named Boz Qurd. 7. On 9 October 2005 a number of opposition parties held an unauthorised demonstration in Baku. The applicant, toget... | In October 2005, the applicant, a journalist, was sent to cover an unauthorised demonstration, organised by opposition parties, in Baku. During the dispersal of the demonstration by the police, the applicant and his colleagues were beaten up and received various injuries. He submitted in particular that he had been bea... |
994 | Cases declared inadmissible under Article 18 in conjunction with Article 5 | I. THE CIRCUMSTANCES OF THE CASE 7. The applicant was born in 1952 and lives in Tbilisi. 8. The applicant was chairperson of the Civil Aviation Agency of Georgia (“ the CAA”) between 12 March 2002 and 13 March 2004, when he resigned. The CAA has legal personality under public law. A. Background of the case – the Consti... | This case concerned the pre-trial detention of the former chairperson of the Civil Aviation Agency and his criminal conviction for abuse of power. The applicant complained in particular that his detention had been unlawful. Moreover, he alleged abusive ulterior motives for the criminal proceedings against him and for h... |
623 | Doctors and health workers | 2. The applicant was born in 1967 and lives in Kassel. He was represented by Mr B. Hopmann, a lawyer practising in Berlin. 3. The Government were represented by Ms G. Marok-Wachter, Director, of the Office of Justice of the Principality of Liechtenstein. 4. The facts of the case, as submitted by the parties, may be sum... | This case concerned a doctor who raised suspicions that euthanasia had been taking place in his hospital. In doing so, he went outside the hospital complaints structure and lodged a criminal complaint. The affair attracted significant media attention. The applicant complained that his dismissal without notice from his ... |
754 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1955 and lives in Amsterdam. 7. In 1967 her parents built a holiday home without planning permission on land situated in Zutendaal ( Belgium ). According to the applicant, however, the house was built in 1962. 8. Following her mother ’ s death, a deed of par... | This case related to the demolition, pursuant to an enforcement order, of a holiday home, built in 1967 by the applicant’s parents without a building permit. In 1994 the police had drawn up two reports, one concerning the felling of trees on the property in violation of forestry regulations, and one for building a hous... |
1,091 | Pensions | I. THE CIRCUMSTANCES OF THE CASE 10. The applicant was born in 1927 and lives in Nicosia. 11. From the establishment of the Republic of Cyprus in 1960 and up to his dismissal from the public service, the applicant worked as Governor of the Department of Co - operative Development of the Public Service in Nicosia. On 28... | The applicant worked for the Nicosia Public Service, as Governor of the Department of Co-operative Development, from the time the Republic of Cyprus was established in 1960 until his dismissal. In July 1982 the Public Service Commission brought disciplinary proceedings against him and decided to dismiss him retrospecti... |
1,059 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | I. THE CIRCUMSTANCES OF THE CASE 9. Under the General Tax Code as worded until 31 December 1978 the applicant company was liable to value-added tax (VAT) on its commercial activity. It paid a total of 291,816 French francs (FRF) in VAT on its 1978 transactions. 10. Article 13-B-a of the Sixth Directive of the Council o... | The applicant company, a firm of insurance brokers whose commercial transactions were subject to value added tax (VAT), paid 292,816 French francs in VAT on its operations in 1978. The provisions of the Sixth Council Directive of the European Communities, which should have been applied from 1 January 1978, exempted fro... |
654 | Political figures | 2. The applicant was born in 1934 and lives in Pušća. He was represented by Mr Č. Prodanović, an advocate practising in Zagreb. 3. The Government were represented by their Agent, Ms Š. Stažnik. 4. The facts of the case, as submitted by the parties, may be summarised as follows. 5. The applicant was the President of the... | This case concerned civil proceedings for defamation in which the applicant – a former President of Croatia – had been ordered by the Croatian courts to pay the equivalent of 6,660 euros to a specialist lawyer of Croatian origin practising in France, for having tarnished his reputation. |
37 | Right to education (Article 2 of Protocol No. 1) | I. THE CIRCUMSTANCES OF THE CASE 7. The present application was lodged by parents, who are members of the Norwegian Humanist Association ( Human-Etisk Forbund ), and their children, who were primary - school pupils at the time of the events complained of in the present case: Mrs Ingebjørg Folgerø ( born in 1960), Mr Ge... | In 1997 the Norwegian primary school curriculum was changed, with two separate subjects – Christianity and philosophy of life – being replaced by a single subject covering Christianity, religion and philosophy, known as KRL. Members of the Norwegian Humanist Association, the applicants attempted unsuccessfully to have ... |
35 | Education | The authorities’ findings in respect of the “Naim Frashëri” elementary school 2. The applicants live in Korça, a city in the southeast of Albania counting 76,000 inhabitants. According to local government data, during the 2018/19 academic year around 1,200 Roma and Egyptian children were enrolled in the city’s mandator... | The applicants, Albanian nationals of Roma and Egyptian ethnic origin forming different households, complained of discrimination and segregation in their children’s education owing to the over-representation of Egyptian and Roma pupils in the “Naim Frashëri” elementary school in Korça which their children attended. The... |
828 | Removal of / Limitations on legal capacity and right to vote | 2. The applicant was born in 1975 and lives in Sofia. He was represented by Mr K. Kanev, the chairman of the Bulgarian Helsinki Committee, a non ‑ governmental organisation based in Sofia. On 15 January 2016 the then President of the Fifth Section gave Mr Kanev leave to represent the applicants in all pending and futur... | The applicant in this case complained that he had been unable to exercise his voting rights during the 2017 parliamentary elections in Bulgaria. His right to vote had been automatically withdrawn, in line with the Constitution, when he had been placed under partial guardianship owing to psychiatric issues in 2000. The ... |
1,076 | Prohibition of discrimination (Article 14 of the Convention) | I. THE CIRCUMSTANCES OF THE CASE 5. The facts of the case, as submitted by the parties, may be summarised as follows. 6. The applicant Church has a worldwide membership of over 12 million people, known as Mormons, of whom approximately 180,000 live in the United Kingdom or the Republic of Ireland. Local church congrega... | This case concerned the complaint of the applicant – a religious organisation, registered as a private unlimited company in the UK, part of the worldwide Mormon Church – of being denied an exemption from local property taxes. In 2001 the church applied to have its temple in Preston, Lancashire, removed from a list of p... |
561 | Dissolution or prohibition of political parties or associations | I. THE CIRCUMSTANCES OF THE CASE 6. The applicant was born in 1978 and lives in Budapest. 7. On 8 May 2007 the Hungarian Guard Association ( Magyar Gárda Egyesület – “the Association”) was founded by ten members of the political party Movement for a Better Hungary ( Jobbik Magyarországért Mozgalom ) with the stated aim... | The applicant was the chair of the Hungarian Guard Association, founded in 2007 by members of a political party called Movement for a Better Hungary with the stated aim of preserving Hungarian traditions and culture. The association in turn founded the Hungarian Guard Movement with the objective, as defined in its char... |
983 | Cases in which the Court has found a violation of Article 18 in conjunction with Article 5 of the Convention | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1984 and lives in Baku. A. Background 6. The applicant is a well-known civil society activist and human rights defender. He is the Chairman and one of the co-founders of Human Rights Club, a non-governmental organisation (NGO) specialising in the protection ... | The applicant, a well-known human rights defender, complained in particular that he had been arrested and detained without a reasonable suspicion that he had committed a criminal offence and that the national courts had failed to provide relevant and sufficient reasons justifying his continued detention. He also compla... |
652 | Lawyers | I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1955 and lives in Lunel. 6. The applicant, a lawyer at the Montpellier Bar since 1978, acted for M.B., who was a civil party in the context of a judicial investigation opened in Nîmes following the death of his minor son. The latter was killed on the night o... | This case originated in the acquittal in 2009 of a gendarme who had killed a young man from a community of foreign origin, living in a working class neighbourhood, during a car chase in 2003. A few minutes after the verdict, in response to a question from a journalist, the applicant, a lawyer who had been representing ... |
298 | Prevention of terrorism | I. THE CIRCUMSTANCES OF THE CASE 7. The facts of the case, particularly concerning events on or about 8 November 1993 when the gendarmes carried out an operation at Çitlibahçe, were disputed by the parties. The Commission, pursuant to former Article 28 § 1 (a) of the Convention, conducted an investigation with the assi... | The applicant submitted that in November 2003 gendarmes had carried out a search in her village and set fire to the houses, including hers. After the departure of the gendarmes, the village was left in ruins and villagers were forced to leave. According to the Turkish Government, the operation in this case concerned an... |
113 | Domestic violence / abuse | I. THE CIRCUMSTANCES OF THE CASE 8. The applicants, E., H., L. and T. were born in 1960, 1961, 1963 and 1965 respectively and live in Scotland. E., L. and T. are sisters and H. is their brother. A. The circumstances of the case 9. The applicants’ mother had six children by her husband. After the death of the applicants... | Three sisters and their brother were for many years abused physically (all four children) and sexually (the girls) by their mother’s boyfriend, including after his conviction for assaulting two of the girls, when he came back to live with the family, in breach of his probation conditions. The man forced the children, a... |
81 | Parental authority, child custody and access rights | I. THE CIRCUMSTANCES OF THE CASE A. Background to the case 5. The applicant was born in 1953 and lives in Heidelberg. He is the father of a son born out of wedlock on 21 December 2003. Shortly after the child was born, the mother refused the applicant any contact with him. In 2004 the applicant unsuccessfully attempted... | This case concerned in particular the complaint by the father of a child born out of wedlock that the proceedings he had brought to enforce court decisions granting him contact rights with his son had been excessively long and ineffective. |
874 | Private persons | I. THE CIRCUMSTANCES OF THE CASE 8. The applicant was born in 1955 and lives in Essex. A. Closed-circuit television (CCTV) and the relevant footage 9. In February 1994 Brentwood Borough Council (“the Council”) approved guidelines for the operation and management of CCTV. The CCTV tape recordings would be retained initi... | In this case the applicant, who was suffering from depression, complained about the disclosure in the media of footage from a closed-circuit television (CCTV) camera mounted in the street showing him walking alone with a kitchen knife in his hand (he had subsequently attempted suicide by cutting his wrists, but the CCT... |
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