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381 | Personal space in multi-occupancy cell and prison overcrowding | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant was born in 1987 and lives in Kuršanec.', 'A. Background to the case', '10. In a judgment of the Čakovec County Court ( Županijski sud u Čakovcu ) of 19 June 2008, upheld by the Supreme Court ( Vrhovni sud Republike Hrvatske ) on 3 February 2009, the applicant was ... | The Court confirmed that 3 sq. m of surface area per detainee in a multi-occupancy cell was the prevalent norm in its case-law, being the applicable minimum standard for the purposes of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. When that area fell below 3 sq. m, the lack of personal s... |
452 | Treatment of disabled prisoners | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Facts submitted at the time of the application', '5. The applicant, who was born in 1972, is serving a thirty-year prison sentence imposed on 31 May 2007 by the Meurthe - et - Moselle Assize Court for murder, attempted murder and assault involving the use or threatened use of a ... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It found in particular that, although the applicant’s continuing detention did not in itself constitute inhuman or degrading treatment in the light of his disability, the inadequacy of the phys... |
394 | Medical care / treatment during hunger strike | ['I. THE CIRCUMSTANCES OF THE CASE', '6. The applicant was born in 1972 and lives in Vienna. At the time of the events he was a national of the former Socialist Federal Republic of Yugoslavia. By the time of lodging the application he had obtained Austrian citizenship.', 'A. The events at issue', "7. On 28 April 1994 t... | The Court noted in particular that the applicant, who had already been on hunger strike (with the risks that that implied such as loss of consciousness) for three weeks, had been placed in solitary confinement based on the assessment of a paramedic who had received only basic training, and had been refused access to a ... |
900 | Persons arrested or under criminal prosecution | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicants are brothers. Mr Amir and Damir Khuzhin were twins born in 1975 and Mr Marat Khuzhin was born in 1970. They all live in the town of Glazov in the Udmurtiya Republic of the Russian Federation. On 19 June 2006 Mr Damir Khuzhin died in an accident.', 'A. Arrest of th... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that, in the circumstances of the present case, the release of the first applicant’s photograph from the criminal file to the press had not pursued any of the legitimate aims enumerated in paragrap... |
295 | Victims of terrorist acts | ['THE CIRCUMSTANCES OF THE CASEThe background to the case', 'The background to the case', 'The background to the case', '5. The applicants are the children of Lieutenant Colonel Ramón Romeo, who died following an attack carried out on 19 March 1981 in Bilbao (Spain) by a commando unit claiming to belong to the terroris... | The Court held that there had been a violation of Article 2 (right to life) of the Convention under its procedural aspect (effective investigation). Observing, firstly, that a risk to the person whose surrender was requested of being subjected to inhuman or degrading treatment could constitute a legitimate ground for r... |
778 | Medical negligence and liability of health professionals | ['I. THE CIRCUMSTANCES OF THE CASE', '10. The applicants, Franja and Ivan Šilih, were born in 1949 and 1940 respectively and live in Slovenj Gradec.', "11. On 3 May 1993, at some point between midday and 1 p.m., the applicants'twenty-year-old son, Gregor Šilih, sought medical assistance in the Slovenj Gradec General Ho... | The Court held that there had been a violation of Article 2 (right to life) of the Convention on account of the inefficiency of the Slovenian judicial system in establishing the cause of and liability for the death of the applicant’s son. It observed in particular that the criminal proceedings, and notably the investig... |
225 | (Suspected) terrorists | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1970 and is currently being held in Rappahannock Prison in Stafford, Virginia (United States).', 'A. Criminal and asylum proceedings', '6. On 14 September 2001 an arrest warrant was issued against the applicant by an investigating judge of the Brussels ... | The Court held that the applicant’s extradition to the United States entailed a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It considered that the life sentence to which the applicant was liable in the United States was irreducible inasmuch as US law provided for no adequat... |
558 | Way of life, forced evictions and alternative accommodation | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The individual applicants are mostly travellers ( gens du voyage ). The movement ATD Quart Monde ( the applicant association [known internationally as ATD Fourth World] ) is an association established under the laws of France, having its registered office in Paris. Under Article... | The Court held that there had been a violation of Article 8 (right to respect for private and family life and home) of the Convention. It noted in particular that the courts, despite acknowledging the lack of urgency and of any manifestly unlawful nuisance, had not taken into account the lengthy period for which the ap... |
90 | Taking of children into care | ['I. THE CIRCUMSTANCES OF THE CASE', '10. The applicants are German nationals who were born in 1966 and 1968 respectively and live at Badbergen ( Germany ). They are married and have two daughters: Corinna, who was born on 11 September 1991, and Nicola, who was born on 27 February 1993.', 'A. Background to the case', "... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found that, whilst the reasons given by the national authorities and courts had been relevant, they had not been sufficient to justify such a serious interference with the applicants’ family ... |
305 | Prevention of terrorism | ['THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1969.', '6. At the relevant time she was detained in Rennes Prison. She has been released on licence since 1 March 2016.', '7. On 24 January 2003 the applicant was placed in pre-trial detention in the context of several sets of criminal proceedings.', '8. ... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding that the French State had not exceeded the margin of appreciation afforded to it in this area and that the refusal to grant the applicant’s request had not been disproportionate and had... |
892 | Private persons | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant company is the owner and publisher of the daily newspaper Kurier.', 'A. The background of the case', '6. In 1999 E.R. and U.W., the parents of Christian W., dissolved their common household and concluded a provisional agreement on the custody of Christian under whi... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. It was true that the articles had dealt with a matter of public concern. However, given that neither the child nor his parents were public figures or had previously entered the public sphere, it had not been essenti... |
71 | Filiation | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant was born in 1925 and at the time of the introduction of the application lived in Dublin.', 'A. Background to the case', '8. On 20 December 2012 X (who was around 55 years old) instituted an action before the Civil Court (Family Section) requesting the court to decl... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding that the domestic courts had fairly balanced the applicant’s rights and those of the woman who was trying to establish that he was her father. In particular, the courts had examined the... |
229 | The definition of bis | ['2. The applicant was born in 1960 and is currently detained in Regensdorf Prison. He was represented by Mr L. Erni, a lawyer practising in Zurich.', '3. The Government were represented by their Agent, Mr A. Chablais, of the Federal Office of Justice.', '4. The facts of the case, as submitted by the parties, may be su... | The Court held that there had been a violation of Article 4 of Protocol No. 7. It found in essence that by this detention, ordered in a reopening procedure in which there had not been any new evidence concerning the nature of the offence or the extent of the applicant’s guilt, he had been punished twice for the same of... |
1,092 | Pensions | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born on 30 August 1949 and lives in Nicosia.', 'A. Background to the case', '6. The applicant was employed at the Department of Lands and Surveys on 1 December 1971. On 1 January 1996 he was promoted to the position of assistant officer and on 2 February 1998 h... | The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1 to the Convention. Weighing the seriousness of the offences committed by the applicant, involving a total of 223 criminal charges of, among other things, dishonesty, obtaining money under false pretences, forging che... |
692 | Incitement to religious intolerance | ['I. THE CIRCUMSTANCES OF THE CASE', '6. The first applicant was born in 1950 and at the time of the publication of the article lived in Baku. The second applicant was born in 1975 and resides in Lankaran.', 'A. Background information', '7. The first applicant was a well-known writer and columnist, who collaborated wit... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the applicants’ conviction had been excessive and had breached their freedom of expression. It noted in particular that the national courts had not justified why the applicants’ conviction had been neces... |
324 | Obligation on States to protect the victims of trafficking | ['9. The applicant was born in 1990 and lives in Z.', '10. Owing to problems in her family, between 2000 and 2004 she lived with a foster family. Then she moved to a public home for children and young persons, where she stayed until she completed her professional training in catering service. Afterwards she moved to li... | The Court held that there had been a violation of Article 4 (prohibition of forced labour) of the Convention on account of the shortcomings in the Croatian authorities’ investigation into the applicant’s allegation of forced prostitution. Taking the opportunity via the applicant’s case to clarify its case-law on human ... |
34 | Education | ['2. The applicants’ names, years of birth and place of residence are listed in Appendix I below. They were represented by Mr D.A. Karsai, a lawyer practising in Budapest.', '3. The Government were represented by their Agent, most recently Ms O.F. Ezer, of the Ministry of Foreign Affairs.', '4. The facts of the case, a... | The Court held that there had been no violation of Article 1 (general prohibition on discrimination) of Protocol No. 12 to the Convention, finding that neither the content of the curriculum nor the scheduling of the exams had caused a violation of the applicants’ rights. It noted in particular that the importance for m... |
513 | Gender identity | ['I. THE CIRCUMSTANCES OF THE CASE', '7. According to the applicant ’ s birth certificate, she is male. She served in the army for three years from the age of 17 and then worked as a police officer. Aged 24, she gave up attempting to live as a man, and had gender reassignment surgery two years later. She has presented ... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. While the applicant’s victim status had ceased when the Gender Recognition Act 2004 had entered into force, thereby providing her with the means on a domestic level to obtain legal recognition, she could h... |
909 | Tribunal established by law | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Relevant background', '8. Following its declaration of independence from the former SFRY in March 1992, a brutal war broke out in Bosnia and Herzegovina. More than 100,000 people were killed and more than 2,000,000 others were displaced as a result of “ethnic cleansing” or gener... | The Court declared the first applicant’s complaint under Article 6 § 1 of the Convention inadmissible as being manifestly ill-founded, seeing no reason for calling into question the finding of the Constitutional Court of Bosnia and Herzegovina in this case that the State Court had been independent. It found in particul... |
957 | State’s act on its own territory producing effect in another State | ['I. PARTICULAR CIRCUMSTANCES OF THE CASE', '11. The applicant, Mr Jens Soering, was born on 1 August 1966 and is a German national. He is currently detained in prison in England pending extradition to the United States of America to face charges of murder in the Commonwealth of Virginia.', '12. The homicides in questi... | The Court recalled that the Convention did not govern the actions of States not parties to it, nor did it require the Contracting States to impose Convention standards on other States. However, the decision by a Contracting State to extradite someone might engage that State’s responsibility under the Convention where a... |
800 | Right to liberty and security (Article 5 of the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant was born in 1949 and lives in Surrey. He has suffered from autism since birth. He is unable to speak and his level of understanding is limited. He is frequently agitated and has a history of self-harming behaviour. He lacks the capacity to consent or object to medi... | The Court observed in particular that, as a result of the lack of procedural regulation and limits, the hospital's health care professionals had assumed full control of the liberty and treatment of a vulnerable incapacitated individual solely on the basis of their own clinical assessments completed as and when they had... |
124 | Minor’s exposure to violent arrest of parent | ['THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1998 and lives in Apsheronsk.', 'A. The applicant ’ s father ’ s arrest', '6. On 31 May 2008 the applicant ’ s father (B), a police officer employed by the Apsheronsk police department at the time, was arrested by the Krasnodar regional branch of the Feder... | The Court found that the applicant’s allegations were credible. It further noted that the law-enforcement officers, who had to have been well aware that the applicant was or would be on the scene of the operation, had taken no account of her interests when planning and carrying out their operation against her father, t... |
929 | Impression of independence | ['I. Circumstances of the case', '6. The applicant, Alexander Findlay, is a British citizen who was born in 1961 in Kilmarnock, Scotland, and now lives in Windsor, England.', '7. In 1980 he joined the British army and became a member of the Scots Guards. His service was due to terminate in October or November 1992 when... | The Court held that there had been a violation of Article 6 § 1 of the Convention, finding that, on account in particular of the central role played by the convening officer in the organisation of the court martial, the applicant’s misgivings about the independence and impartiality of the tribunal which had dealt with ... |
1,038 | Proceedings to divest individuals of their legal capacity | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicants were born in 1923 and 1948 respectively and live in I.', '5. The applicants are mother and daughter. Until 17 July 2006 they lived together in a house in B. owned by the first applicant.', 'A. Placement of the first applicant in the Caritas Home in I.', '6. On an ... | The Court held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention in respect of the first applicant, finding that she had been deprived of adequate procedural safeguards in proceedings resulting in a decision adversely affecting her private life. As regards in particular the reas... |
1,034 | Prohibition of slavery and forced labour (Article 4 of the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1946 and is currently in detention in Regensdorf.', '6. The facts of the case, as submitted by the parties, may be summarised as follows.', '7. By a judgment of 4 July 2003, the Court of Appeal ( Obergericht ) of the Canton of Zürich sentenced the appli... | The Court held that there had been no violation of Article 4 § 2 (prohibition of forced labour) of the Convention. It noted in particular that there was insufficient consensus among Council of Europe member States regarding compulsory work for prisoners after retirement age. Accordingly, it emphasised, on the one hand,... |
27 | Affiliation- and inheritance-related rights | ['I. THE CIRCUMSTANCES OF THE CASE', '10. The first applicant, Mr Antoni Pla Puncernau, who was born in 1966, is the adopted son of the second applicant, Mrs Roser Puncernau Pedro. The second applicant was the first applicant ’ s supervisor, as Mr Pla Puncernau is mentally handicapped. They both lived in Andorra. She d... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the Convention. It noted that the first applicant’s parents had a “legitimate and canonical marriage” and there was nothing in the will in question... |
242 | The definition of idem | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1957 and lives in Sevastopol.', '6. At about 5 a.m. on 26 January 2002 the applicant had a fight in a local bar during which injuries were sustained by bar staff and damage was caused to property in the bar. The police arrived to handle the matter. They... | The Court held that there had been a violation of Article 4 of Protocol No. 7, finding that both sets of proceedings were criminal and that the Ukrainian authorities had duplicated criminal proceedings, which concerned substantially the same facts, in breach of the principle non bis in idem. |
270 | (Suspected) terrorists | ['I. THE CIRCUMSTANCES OF THE CASE', '11. The applicants were born in 1959 and 1971 respectively and are currently in custody in the Republic of Uzbekistan. They are members of Erk (Freedom), an opposition party in Uzbekistan.', 'A. The first applicant', '12. On 3 March 1999 the first applicant arrived in Istanbul from... | In the light of the material before it, the Court was not able to conclude that substantial grounds had existed on the date the applicants were extradited for believing that they faced a real risk of treatment proscribed by Article 3 (prohibition of inhuman or degrading treatment) of the Convention. Consequently, no vi... |
560 | Anti-Roma rallies and demonstrations | ['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 st... | The Court held that there had been no violation of Article 11 (freedom of assembly and association) of the Convention. It recalled in particular that, as with political parties, the State was entitled to take preventive measures to protect democracy against associations if a sufficiently imminent prejudice to the right... |
74 | Parental authority, child custody and access rights | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant is a French citizen who was born in 1963 and lives in Alcira, near Valencia (Spain).', '8. The applicant married in January 1983. She and her husband had two children, born in 1984 and 1989.', "9. In August or September 1994 the applicant's husband left the matrimo... | In the absence of a reasonable relationship of proportionality between the means employed and the aim pursued, the Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the Convention. The Court obse... |
650 | Lawyers | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1946 and lives in Sant ’ Angelo In Campo (Lucca ).', 'A. The applicant ’ s “circular letter”', '6. In 2001 the applicant was practising law. In September 2001 he sent a letter to the Italian National Legal Service Commission ( Consiglio Superiore della ... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. It found in particular that one of the two criticisms levelled against Judge X by the applicant had implied that the former had disregarded his ethical obligations as a judge or had even committed a criminal offence... |
111 | Corporal punishment | ['I. the CIRCUMSTANCES OF THE CASE', '7. The applicant is a British citizen, born in 1984.', 'In May 1990 he and his brother were placed on the local child protection register because of “known physical abuse”. The cohabitant of the boys ’ mother was given a police caution after he admitted hitting A. with a cane. Both... | The Court considered that children and other vulnerable individuals in particular were entitled to protection, in the form of effective deterrence, from such forms of ill-treatment. It found a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention, as English law did not ... |
755 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The applicants were born in 1 926, 1923, 1924, 1930, 1935, 1912 and 1957 respectively. They live in Istanbul and Ankara.', '9. According to information in the case file, a plot of land measuring 45, 000 sq. m (45 dönüm ) [1] in the village of Kefken, Kandıra, close to the forest... | The Court held that there had been a violation of Article 1 of Protocol No. 1 to the Convention. Recalling in particular that the protection of nature and forests, and of the environment in general, was a matter of considerable and constant concern to public opinion and consequently to the public authorities, and that ... |
171 | Deprivation of liberty and challenging the lawfulness of detention | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The first applicant was born in 1970 and the second applicant in 1997. They live in Montreal ( Canada ).', '9. The applicants are a mother (“the first applicant”) and her daughter (“the second applicant”). They explained that the first applicant had arrived in Canada on 25 Septe... | The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention in respect of the minor applicant, finding that the Belgian legal system at the time and as it had functioned in the case before it had not sufficiently protected her right to liberty. It noted in particula... |
592 | Case-law of the European Court of Human Rights | ['I. the circumstances of the case', "A. The applicant's conviction for insubordination", "7. On 9 December 1983 the Athens Permanent Army Tribunal ( Diarkes Stratodikio ), composed of one career military judge and four other officers, convicted the applicant, a Jehovah's Witness, of insubordination for having refused ... | The Court found a violation of Article 14 (prohibition of discrimination) in conjunction with Article 9 of the Convention, holding that the applicant’s exclusion from the profession of chartered accountant was disproportionate to the aim of ensuring appropriate punishment of persons who refuse to serve their country, a... |
1,095 | Respect for private life in the employment context | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant was born in 1950 and lives in Gothenburg.', '10. He is a professor, specialising in child and adolescent psychiatry, at the University of Gothenburg.', '11. In the period between 1977 and 1992 a research project was carried out at the University of Gothenburg in th... | The Court concluded that Article 8 (right to respect for private and family life) and Article 10 (freedom of expression) of the Convention did not apply in this case. It held in particular that the applicant could not rely on Article 8 to complain about his criminal conviction and that he could not rely on a “negative”... |
853 | Interception of communications, phone tapping and secret surveillance | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant, who was born in 1940, is a businessman living in Switzerland. In the early 1980s he imported depilatory appliances into Switzerland which he advertised in magazines.', '8. On 12 October 1981 a woman telephoned the applicant from the former Soviet embassy in Berne ... | The Court held that there had been a violation of Article 8 of the Convention on account of the recording of the telephone call and a violation of the same provision on account of the creation and storage of the file, finding that these interferences with the applicant’s right to respect for his private life were not i... |
63 | Adoption | ['I. THE CIRCUMSTANCES OF THE CASE', '1. General background', '(a) Adoption procedure', '7. The US nationals ( “the US applicants ” ) started proceedings for the adoption of children from Russia between 2010 and 2012. They had complied with the requirements set by the United States authorities, having obtained favourab... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private life) of the Convention, finding that the adoption ban had unlawfully discriminated against the prospective parents6. In particular, this was because it had prev... |
175 | Right to life (Article 2 of the European Convention on Human Rights) | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicants were born in 1956, 1963, 1985, 1995 and 2001 respectively and live in Čakovec. The first and second applicants are husband and wife and the third to fifth applicants are their children.', '5. During 2004 M.T., the first and second applicants ’ daughter and the thi... | The Court held that there had been a violation of Article 2 (right to life) of the Convention, on account of the Croatian authorities’ lack of appropriate steps to prevent the deaths of the child and his mother. It observed in particular that the findings of the domestic courts and the conclusions of the psychiatric ex... |
740 | Noise pollution | ['2. The first applicant was born in 1984. The second applicant was born in 1958. The third applicant was born in 1991 and the fourth applicant was born in 1959. The applicants are relatives and they all live in Smolice. They were represented by Mr Ł. Brydak, a lawyer practising in Warsaw.', '3. The Government were rep... | The Court held that there had been a violation of Article 8 of the Convention. It found in particular that the authorities had knowingly ignored the problem from 1996 and had continued developing the motorway project with total disregard for the well-being of local residents. Overall, the Court found that the diverting... |
633 | Journalists and publishing companies | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The first applicant, Gérard Chauvy, was born in 1952 and lives in Villeurbanne. The second applicant, Francis Esmenard, was born in 1936 and lives in Paris. Both are French nationals. The third applicant, Editions Albin Michel, is a limited company formed under French law that h... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the interference with the applicants’ freedom of expression had not been disproportionate to the legitimate aim pursued, namely to protect the Aubracs from damage to their reputation. Noting in particul... |
43 | Applications lodged by the parent whose child had been abducted by the other parent | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicant was born in 1964 and lives in Caralevë, in the municipality of Shtime (Kosovo).', '5. On 28 April 1993 the applicant married F.M. , an Albanian national. The couple had a child, I.B., who was born on 20 January 1997. In 1998 the applicant and F.M. separated.', '6. ... | The Court held that there had been a violation of Article 8 of the Convention. It noted in particular that the custody judgment had remained unenforced for approximately two years for which no blame could be attributed to the applicant, who had regularly taken steps to secure the return of his daughter. Recalling that ... |
736 | Noise pollution | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The applicant was born in 1948 and lives in Valencia.', 'A. Background to the case', '9. The applicant has lived in a flat in a residential quarter of Valencia since 1970.', '10. Since 1974 the Valencia City Council has allowed licensed premises such as bars, pubs and discothequ... | In view of the volume of the noise, at night and beyond permitted levels, and the fact that it had continued over a number of years, the Court found that there had been a breach of the rights protected by Article 8 of the Convention. Although the City Council had used its powers in this sphere to adopt measures (such a... |
817 | Prohibition of discrimination (Article 14 of the Convention and Article 1 of Protocol No. 12 to the Convention) | ['2. A list of the applicants is set out in the appendix, as are the applicants’ personal details, the date of introduction of their applications before the Court and the information regarding their legal counsel, respectively.', '3. The Government were represented by their Agent, Ms Zorana Jadrijević Mladar.', '4. The... | The Court held that there had been a violation of Article 1 (general prohibition of discrimination) of Protocol No. 12 to the Convention, finding that there had been no objective and reasonable justification for treating the applicants differently on the basis of their disability. It noted, in particular, that while it... |
162 | Sterilisation operations | ['I. THE CIRCUMSTANCES OF THE CASE', '6. The applicant was born in 1972 and lives in Covasna.', 'A. Background information', '7. The applicant, a nurse by profession, fell pregnant in January 2002. The development of her pregnancy was monitored by Dr P.C., a gynaecologist working in the Covasna Town Hospital, the same ... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It found in particular that by not involving the applicant in the choice of medical treatment and by not informing her properly of the risks involved in the medical procedure, the applicant had suffered an... |
1,082 | Dismissal | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. The first applicant', '6. The first applicant, Mr Juozas Sidabras, was born in 1951 and lives in Kaunas.', '7. He graduated from the Lithuanian Physical Culture Institute (currently the Lithuanian Sports University), qualifying as a sports instructor.', '8. From 1975 to 1986 he ... | The Court held that there had been no violation of Article 14 (prohibition of discrimination), taken in conjunction with Article 8 (right to respect for private life) of the Convention, on account of the first two applicants, not being able to obtain employment in the private sector, and, that there had been a violatio... |
540 | Police brutality | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicants are all Roma who live in Vâlcele.', 'A. The police raid of 15 December 2011', '1. The applicants ’ version', '6. At around 5 a.m. on the morning of 15 December 2011 several police officers and gendarmes, together with the local forest ranger – all wearing special ... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention as concerned the ill-treatment of the applicant family during the raid and two violations of Article 14 (prohibition of discrimination) of the Convention in conjunction with Article 3 because th... |
140 | Sexual abuse | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1971 and lives in Helsinki.', '6. The applicant and her partner began to cohabit in 2003. Their daughter was born in November 2004. In the spring of 2006 the applicant felt that, in her view, the child ’ s father was behaving strangely with the child an... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It found in particular that the Finnish authorities had not struck a fair balance between the need to protect the applicant’s daughter against the risk of potentially serious harm and the need to protect the father a... |
448 | Other applications of interim measures | ['I. THE CIRCUMSTANCES OF THE CASE', '6. The first applicant was born in 1981 and died on 2 August 2008. The second applicant was born in 1955 and lives in the town of Zuya in Crimea.', 'A. Background information', '7. On 30 September 2005 the first applicant tested HIV positive.', '8. On 2 February 2006 the Centre for... | In this case, the Court indicated to the Ukrainian Government, under Rule 39 of the Rules of Court, to immediately transfer the first applicant to hospital for appropriate treatment. |
510 | From the ReesChristine Goodwin | ['the circumstances of the case', 'A. The first applicant, Miss Sheffield', '12. The first applicant, Miss Kristina Sheffield, is a British citizen born in 1946 and currently resident in London. At birth the applicant was registered as being of the male sex. Prior to her gender reassignment treatment (see paragraph 13 ... | The Court held that there had been no violation of Articles 8 (right to respect of private and family life), 12 (right to marry and found a family) and 14 (prohibition of discrimination) of the Convention. However, it reaffirmed “that the area need[ed] to be kept under permanent review by the Contracting States”, in th... |
451 | Treatment of disabled prisoners | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1980 and lives in Siedlce.', '6. In 2000 he was diagnosed with paraplegia. He is in a wheelchair and suffers from serious malfunctions of the urethral and anal sphincters and other ailments.', 'A. The applicant ’ s detention before September 2005', '7. ... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention in respect of the material conditions of the applicant’s detention in view of his special needs. |
256 | (Suspected) terrorists | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant, a Turkish national, was born in 1949 and is currently being held in İmralı Prison.', '6. The facts of the case up to 12 May 2005 were presented by the Court in the Öcalan v. Turkey judgment ([GC], no. 46221/99, ECHR 2005 ‑ IV). They may be summarised as follows.',... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention as to the conditions of the applicant’s detention up to 17 November 2009 and that there had been no violation of Article 3 as regards the conditions of his detention during the period subsequent... |
574 | Cases in which the Court found no violation of Article 4 of Protocol No. 4 | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Events of 17 November 2014', '5. On 17 November 2014 at 1.30 a.m. the Slovak Border and Foreigners Police (“the police”) apprehended, near the Ukrainian border, the nineteen applicants, together with other Afghan nationals. The applicants were found hidden in a truck whose drive... | The Court examined the complaints of only seven of the 19 applicants, striking the case out of its list in respect of the others. It held that there had been no violation of Article 4 of Protocol No. 4 to the Convention in respect of the seven applicants, finding that the Slovakian police had not subjected them to coll... |
318 | Prevention of terrorism | ['BACKGROUND TO THE CASE', '8. Adeel Muhammad was born in 1993 and lives in Tehsil Karor (Pakistan). Ramzan Muhammad was born in 1982 and lives in Dubai (United Arab Emirates).', '9. Adeel Muhammad (“the first applicant”) entered Romania in September 2012, on a student visa he had obtained on 7 September 2012 and which... | The Court held that there had been a violation of Article 1 (procedural safeguards relating to expulsion of aliens) of Protocol No. 7 to the Convention finding that, having regard to the proceedings as a whole and taking account of the margin of appreciation afforded to the States in such matters, the limitations impos... |
465 | Dublin regulation | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The facts of the case may be summarised as follows.', '9. On an unspecified date the first applicant left Afghanistan for Pakistan, where he met and married the second applicant. The couple subsequently moved to Iran, where they lived for fifteen years.', '10. On an unspecified ... | The Court held that there would be a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention if the Swiss authorities were to send the applicants back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicant... |
855 | Interception of communications, phone tapping and secret surveillance | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1982 and lives in Vela Luka.', '6. He worked as a sailor on an ocean carrier for a shipping company headquartered in Croatia.', 'A. Investigation', '7. In 2007 the police and the State Attorney ’ s Office for the Suppression of Corruption and Organised ... | The Court held that there had been a violation of Article 8 of the Convention. It found in particular that Croatian law, as interpreted by the national courts, did not provide reasonable clarity as to the authorities’ discretion in ordering surveillance measures and it did not in practice – as applied in the applicant’... |
143 | Sexual abuse | ['THE BACKGROUND TO THE CASE', '10. The applicants are a brother (X, “the first applicant”) and his two sisters (Y, “the second applicant”, and Z, “the third applicant”) who were born in Bulgaria. X was born in 2000, Y was born in 2002 and Z was born in 2003. They were abandoned by their mother and were initially place... | The Court found that the applicants, owing to their young age and their status as children left without parental care and placed in an institution, had been in a particularly vulnerable situation, and that the sexual abuse and violence to which they had allegedly been subjected, if established, had been sufficiently se... |
819 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The applicant was born in 1949 and lives in Reykjavik.', 'In 1969, at the age of 20, the applicant completed his training as a navigation officer at the Icelandic College of Navigation and started work as a seaman. This he continued to do until 1978, when he sustained a serious ... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. It observed that the legitimate concern to resolve the Fund’s financial difficulties seemed hard to reconcile with the fact that the vast majority of the 689 disability pensioners had continued to receive disability ... |
317 | Prevention of terrorism | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicant was born in 1992 and lives in Diyarbakır.', 'A. Events of 14 July 2008', '5. On 14 July 2008 a demonstration was held in Diyarbakır to protest about the conditions of detention of Abdullah Öcalan, the leader of the PKK (Kurdish Workers ’ Party), an illegal armed or... | The Court held that there had been a violation of Article 11 (freedom of assembly and association) of the Convention. It first of all noted that, even if the applicant had been convicted of an act of violence against police officers, there was nothing to suggest that when joining the demonstration, he had had any viole... |
80 | Parental authority, child custody and access rights | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1948 and lives in Szeged.', '6. On 8 June 2000 the applicant, an adherent of the religious denomination Hit Gyülekezete (Congregation of the Faith), divorced from his wife, and their son, born in 1994, was placed with the mother. The applicant was grant... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) read in conjunction with Article 8 (right to respect for private and family life) of the Convention. It found that the Hungarian courts had failed to prove that it was in the child’s best interest to have all ties severed with ... |
278 | (3) Derogations cannot be incompatible with other obligations in international law | ['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 Preven... | The Court observed that the Home Secretary’s statement of 22 December 1988 to the House of Commons, which was formal in character and made public the Government’s intentions as regards derogation, was well in keeping with the notion of an official proclamation. In that statement the Secretary of State had explained in ... |
246 | The definition of idem | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1996 and lives in St Petersburg, Russia.', '6. On 12 June 2017 a protest rally (involving some 1,000 people) was held at the Marsovo Pole in St Petersburg. The applicant was present at the venue with a friend but, according to her, did not take part in ... | The Court held that there had been a violation of Article 4 § 1 of Protocol No. 7 in the applicant’s case. It rejected in particular the Russian Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas covered by two different charges. It further found... |
697 | Online hate speech | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The first applicant, Magyar Tartalomszolgáltatók Egyesülete (“MTE”) is an association seated in Budapest. It is the self-regulatory body of Hungarian Internet content providers, monitoring the implementation of a professional code of Internet content providing and a code of ethi... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It reiterated in particular that, although not publishers of comments in the traditional sense, Internet news portals had to, in principle, assume duties and responsibilities. However, the Court considered that the H... |
182 | Risk of being subjected to domestic violence in case of deportation | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Proceedings before the Swedish authorities and courts', '6. The applicant was born in 1970 and lives in Fagersta.', '7. On 13 August 2004 the applicant and her husband, X, arrived in Sweden and on 16 August 2004 they applied to the Migration Board ( Migrationsverket ) for asylum... | The Court held that the applicant’s deportation from Sweden to Afghanistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention finding that, in the special circumstances of the present case, there were substantial grounds for believing that if deport... |
531 | Death in police custody or in detention | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant, Mrs Assya Anguelova, is a Bulgarian national who was born in 1959 and lives in Razgrad.', "10. On 29 January 1996 her son, Anguel Zabchekov, aged 17, who had been known to the police as a suspect on theft charges, died after having spent several hours in police cu... | The Court held that there had been a violation of Article 2 (right to life) of the Convention in respect of the death of the applicant’s son, in respect of the Bulgarian authorities’ failure to provide timely medical care, and in respect of the Bulgarian State’s obligation to conduct an effective investigation. In part... |
636 | Journalists and publishing companies | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicants were born in 1956 and 1946 respectively. The first applicant lives in Łόdź.', '6. The first applicant owns a publishing house named “ Westa Druk ” which publishes a weekly magazine, Angora, and its supplement for children, Angorka. The second applicant was the edi... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the reasons adduced by the Polish courts could not be regarded as relevant and sufficient to justify the interference, which had been disproportionate to the legitimate aim pursued, namely the protection... |
67 | Filiation | ['I. Circumstances of the case', '12. The applicants are British citizens, resident in Manchester, England.', 'The first applicant, "X", was born in 1955 and works as a college lecturer. X is a female-to-male transsexual and will be referred to throughout this judgment using the male personal pronouns "he", "him" and "... | The Court, considering that de facto family ties linked the three applicants, held that Article 8 (right to respect for private and family life) of the Convention was applicable in this case. It further found that, in the present case, there had been no violation of Article 8 of the Convention: given that transsexualit... |
915 | Tribunal established by law | ['13. The Court considers it essential to the understanding of the nature and context of the applicant’s complaint, as well as of the circumstances in which it arose, which are outlined in greater detail in paragraphs 29 et seq. below, to provide the broader domestic background to the present proceedings.', 'BACKGROUND... | The Court held that there had been a violation of Article 6 § 1 of the Convention, finding that the lack of judicial review in the case had impaired the applicant’s right of access to a court. The Court emphasised, in particular, that it was fully aware of the context of the case – the weakening of judicial independenc... |
926 | Objective guarantees as to the career of judges | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant is a limited partnership company founded in 1986 and based in Helsinki.', '8. The applicant company, which was running a restaurant in Helsinki, rented the restaurant premises from an insurance company, Keskinäinen Henkivakuutusyhtiö Suomi (KHS). In 1994 it was off... | The Court held that there had been no violation of Article 6 § 1 of the Convention, finding that the applicant’s fear as to a lack of independence and impartiality of the Court of Appeal, due to the participation of an expert member who was also a Member of Parliament, could not be regarded as being objectively justifi... |
684 | Searches of journalists’ home or workplace, accessing of the phone data and/or seizure of journalistic material | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1961 and lives in Berlin.', '6. He is a journalist on the German weekly magazine Stern. From 1 August 1999 until 31 July 2004 he was assigned to Brussels to report on the policies of the European Union and the activities of the European institutions.', ... | The Court held that there had been a violation of Article 10 of the Convention. It emphasised in particular that a journalist’s right not to reveal her or his sources could not be considered a mere privilege to be granted or taken away depending on the lawfulness or unlawfulness of their sources, but was part and parce... |
919 | Objective and subjective criteria | ['I. PARTICULAR CIRCUMSTANCES OF THE CASE', 'A. Introduction', '7. Mr Rolf Langborger is a Swedish national born in 1922. He is a consultant engineer and resides at Solna, a town in the immediate vicinity of Stockholm.', 'On 1 October 1982 he rented an apartment. The lease contained a "negotiation clause" ( förhandling... | Limiting its examination to the Housing and Tenancy Court – which, when it decided the applicant’s case, was composed of two professional judges and two lay assessors nominated respectively by the Swedish Federation of Property Owners and the National Tenants’ Union, and then appointed by the Government – which was the... |
763 | Right to life and right to respect for private life | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant was born in 1943 and lives in Braunschweig.', '8. The applicant and his late wife B.K., born in 1950, had lived together since 1978 and married in 1980. From 2002 onwards, B.K. had been suffering from total sensorimotor quadriplegia after falling in front of her do... | Having regard, in particular, to the exceptionally close relationship between the applicant and his wife, and to his immediate involvement in the fulfilment of her wish to end her days, the Court considered that he could claim to have been directly affected by the refusal to grant her authorisation to acquire a lethal ... |
977 | Radio communications | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicants were born in 1954, 1976 and 1971 respectively and live in Lecco.', '6. The first applicant is the editor of a local online newspaper in the province of Lecco. The other two applicants are journalists working for the newspaper.', '7. In the course of their activiti... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. Stressing the notion of responsible journalism and noting that the decisions of the domestic courts had been duly reasoned and had focused primarily on the need to protect national security and prevent crime and dis... |
526 | Attacks on Roma villages and destruction of houses and possessions | ['I. THE CIRCUMSTANCES OF THE CASE', '15. The applicants are Romanian nationals of Roma origin. They used to live in the village of Hădăreni, in the Mureş district, and are agricultural workers. After the events described below, some applicants returned to live in Hădăreni, while others, who are homeless, live in vario... | The Court could not examine the applicants’ complaints about the destruction of their houses and possessions or their expulsion from the village, because those events took place in September 1993, before the ratification of the Convention by Romania in June 1994. However, it found violations concerning the complaints a... |
779 | Medical negligence and liability of health professionals | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicants were born in 1996, 1973 and 1961, respectively, and live in Izmir.', 'A. Infection of the first applicant with the HIV virus', "6. The first applicant was born prematurely on 6 May 1996 at the Dr Behçet Uz Children's Hospital in Izmir.", '7. On 7 May 1996 he was d... | The Court held that there had been a violation of Article 2 (right to life) of the Convention. While it acknowledged the sensitive and positive approach adopted by the national courts, it considered that the most appropriate remedy in the circumstances would have been to have ordered the defendants, in addition to the ... |
542 | Violent acts by private individuals | ['I. THE CIRCUMSTANCES OF THE CASE', '6. The applicant was born in 1963 and lives in Zagreb.', '7. On 29 April 1999 between 8 and 8.30 p.m. the applicant, together with several other individuals, was collecting scrap metal in Harambašićeva Street in Zagreb.', '8. Suddenly, two unidentified men approached the group and ... | Having considered all the material in its possession and the arguments put forward by the parties, the European Court of Human Rights considered that the failure of the State authorities to further the case or obtain any tangible evidence with a view of identifying and arresting the attackers over a prolonged period of... |
92 | Taking of children into care | ['I. THE CIRCUMSTANCES OF THE CASE', 'The applicants, husband and wife, were born in 1963 and 1949 respectively and live in Vesce.', 'They have five children, born in 1985, 1988, 1995, 1997 and 2000.', 'On 25 September 2000, the District Court (Okresní soud), Tábor, in receipt of an application originating from the Dep... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found that the care order in respect of the applicants’ children had been made solely because the large family had been inadequately housed at the time. Under the social welfare legislation, ... |
773 | Disciplinary proceedings against health professionals | ['I. Circumstances of the case', '7. Dr Marcel Diennet, a general practitioner living in Paris, was', 'the object of proceedings for professional misconduct.', '8. On 11 March 1984 the Regional Council of the Ile-de-France ordre', 'des médecins (Medical Association) struck him off the register. Its', 'reasons for doing... | The Court found a violation of Article 6 § 1 (right to a fair trial) of the Convention, because the hearings had not been held in public, and no violation of Article 6 § 1 in respect of the complaint that the disciplinary bodies had not been impartial. |
219 | Access to a lawyer | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicant was born in 1992 and lives in Novosibirsk.', 'A. The applicant’s background and medical condition', '10. At some point before September 2004, the applicant’s parents were deprived of their parental responsibility; the applicant was placed in a local orphanage until... | The Grand Chamber held that there had been a violation of Article 6 §§ 1 and 3 of the Convention. It agreed with the Chamber judgment in the case that the proceedings concerning the boy’s placement in the temporary detention centre were to be considered criminal proceedings for the purpose of Article 6, although they h... |
282 | (Suspected) terrorists | ['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 Court held that there had been no violation of Article 5 § 4 of the Convention. It observed in particular that the UK authorities had suspected an imminent terrorist attack and had launched an extremely complex investigation aimed at thwarting it. Reiterating that terrorism fell into a special category, it found th... |
355 | Violence by private individuals | ['2. The applicant was born in 1982 and lives in Zagreb. She was represented by Ms A. Bandalo and Ms N. Labavić, lawyers practising in Zagreb.', '3. The Croatian Government (“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 f... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) in conjunction with Article 14 (prohibition of discrimination) of the Convention. It found in particular that the minor-offence proceedings against the applicant’s aggressor had not addressed the hate-crime eleme... |
593 | Access to work | ['I. the circumstances of the case', "A. The applicant's conviction for insubordination", "7. On 9 December 1983 the Athens Permanent Army Tribunal ( Diarkes Stratodikio ), composed of one career military judge and four other officers, convicted the applicant, a Jehovah's Witness, of insubordination for having refused ... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 (freedom of thought, conscience and religion) of the Convention. States had a legitimate interest to exclude some offenders from the profession of a chartered accountant. However, unlike othe... |
587 | Expulsion or extradition cases | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Introduction', '7. The applicant was born in 1960 near Bethlehem, then administered as part of the Kingdom of Jordan. He arrived in the United Kingdom in September 1993, having previously fled Jordan and gone to Pakistan. He made a successful application for asylum, the basis of... | The Court indicated to the Government of the United Kingdom, under Rule 39 of its Rules of Court, an interim measure to prevent the applicant’s expulsion until it had examined his application. In its judgment on the merits, the Court for the first time reached the conclusion that an expulsion would entail a violation o... |
741 | Noise pollution | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1947 and lives in Pabianice. She owns a semi ‑ detached house located in a residential area. A tailoring workshop employing about 20 people was located in the other half of the building.', '6. On 1 4 September 1993 the applicant made an application to t... | The Court declared inadmissible (manifestly ill-founded) the applicants’ complaint under Article 8 of the Convention, finding that it had not been established that the noise levels complained of were serious enough to reach the high threshold established in cases dealing with environmental issues. In particular, the ap... |
705 | Dissolution or prohibition of political parties or associations | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. The applicants', '10. The first applicant, Refah Partisi (the Welfare Party – “Refah”), was a political party founded on 19 July 1983. It was represented by its chairman, Mr Necmettin Erbakan, who is also the second applicant. He was born in 1926 and lives in Ankara. An engineer... | The Court found no violation of Article 11 of the Convention. It considered that the acts and speeches of Refah’s members and leaders cited by the Turkish Constitutional Court had been imputable to the whole of the party, that those acts and speeches had revealed Refah’s long-term policy of setting up a regime based on... |
1,008 | Cases concerning the international military operations in Iraq during the Second Gulf War | ['I. THE CIRCUMSTANCES OF THE CASE', '8. The facts of the case may be summarised as follows.', 'A. The occupation of Iraq from 1 May 2003 to 28 June 2004', '1. Background: United Nations Security Council Resolution 1441', '9. On 8 November 2002 the United Nations Security Council, acting under Chapter VII of the Charte... | The Court held that, in the exceptional circumstances deriving from the United Kingdom’s assumption of authority for the maintenance of security in South East Iraq from 1 May 2003 to 28 June 2004, the United Kingdom had jurisdiction under Article 1 (obligation to respect human rights) of the Convention in respect of ci... |
805 | Right to a fair trial (Article 6 of the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1939 and lives in Yerevan.', 'A. The applicant’s divorce and eviction claim and the proceedings concerning deprivation of his legal capacity', '6. The applicant lived in a flat with his wife of 15 years and their son and the latter’s wife and child.', '... | The Court found that the applicant’s lack of access to court in the divorce and eviction proceedings and to seek restoration of his legal capacity had breached Article 6 § 1 (right to a fair trial) of the Convention. It observed in particular that the applicant could neither pursue his divorce and eviction claim agains... |
761 | Assisted suicide | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant is a 43-year-old woman. She resides with her husband of twenty-five years, their daughter and granddaughter. The applicant suffers from motor neurone disease (MND). This is a progressive neuro-degenerative disease of motor cells within the central nervous system. T... | Although no previous case had established as such any right to self-determination as being contained in Article 8 (right to respect for private and family life) of the Convention, the Court considered that the notion of personal autonomy is an important principle underlying the interpretation of its guarantees. In the ... |
100 | Withdrawal of parental authority, placement of children, and disabled parents’ access rights to their children | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The first applicant was born in 1987. The second applicant, L., the biological son of the first applicant was born on 10 December 2008.', '5. By a decision of the K. Welfare Centre (“the Centre”) of 19 December 2008 L. was placed in a foster family in another town, on the ground... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. Observing in particular that, despite the legal requirement and the authorities’ findings that the first applicant suffered from a mild mental disability, she had not been represented by a lawye... |
557 | Other applications of interim measures | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. The relevant background', '1. The applicants’ homes', '6. The applicants are residents of Batalova Vodenitsa, a neighbourhood of Sofia. They describe themselves as being of Roma origin.', '7. Unlike some other European countries, where the Roma often have an itinerant way of lif... | In this case, in June 2008, the Court indicated to the Bulgarian Government under its rule on interim measures, that the applicants should not be evicted until such time as the authorities assured the Court of the measures they had taken to secure housing for the children, elderly, disabled or otherwise vulnerable peop... |
951 | Refusal to allow internally displaced persons to vote | ['2. Details about the applicants are indicated in the appended table. They live in Kyiv. Ms Terekhova, who was granted legal aid, was represented by Ms V. P. Lebid and Mr M. O. Tarakhkalo, lawyers from the Ukrainian Helsinki Human Rights Union, Kyiv. The other three applicants were represented by Mr S.A. Zayets, a law... | The Court held that there had been a violation of Article 1 (general prohibition of discrimination) to the Convention, finding that the Ukrainian authorities had failed to take into consideration the particular situation of the applicants as internally displaced persons and had discriminated against them in the enjoyme... |
939 | Concurrent judicial functions in the same case | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The applicants were crew members on a merchant ship named the Winner, registered in Cambodia. The ship had attracted the attention of the American, Spanish and Greek anti-drug services when the Central Office Against Illegal Drug Trafficking (l’Office Central de Répression du Tr... | The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) and no violation of Article 5 § 3 (right to be brought promptly before a judge or other officer authorised by the law to exercise judicial power) of the Convention in respect of the applicants. It noted in particular that th... |
571 | Cases in which the Court found a violation of Article 4 of Protocol No. 4 to the Convention | ['2. The applicant was born in 1986 and lives in Gujrat, Pakistan. He was represented by Ms B. Pohárnok, a lawyer practising in Budapest.', '3. The Government were represented by their Agent at the Ministry of Justice, Mr Z. Tallódi.', '4. The facts of the case, as submitted by the parties, may be summarised as follows... | The Court held that there had been a violation of Article 4 of Protocol No. 4 to the Convention, finding that the applicant had been subject to a “collective” expulsion, as his individual situation had not been ascertained by the authorities, and they had not provided genuine and effective ways to enter Hungary, and hi... |
1,046 | Domestic workers | ['I. THE CIRCUMSTANCES OF THE CASE', '4. The applicant was born in 1979.', '5. The applicant travelled to the United Kingdom from Uganda on 2 September 2002. She claimed that she had been raped several times in Uganda and that her purpose in travelling to the United Kingdom was to escape from the sexual and physical vi... | The Court held that there had been a violation of Article 4 (prohibition of slavery and forced labour) of the Convention. It found that the legislative provisions in force in the United Kingdom at the relevant time had been inadequate to afford practical and effective protection against treatment contrary to Article 4.... |
675 | Public persons or political figures | ['2. The applicant was born in 1958 and lives in Vilnius. He was represented by Ms K. Čeredničenkaitė, a lawyer practising in Vilnius.', '3. The Government were represented by their Acting Agent, Ms L. Urbaitė.', '4. The facts of the case, as submitted by the parties, may be summarised as follows.', 'Background to the ... | The Court held that there had been no violation of Article 8 (right to respect for private life and correspondence) of the Convention in respect of the applicant, finding that, even if his reputation among his colleagues had been dinted by the disclosure of his telephone conversation, there were no factual grounds, let... |
707 | Dissolution or prohibition of political parties or associations | ['I. THE CIRCUMSTANCES OF THE CASE', 'A. Background information', '6. The Republican Party of Russia was created in November 1990 by consolidation of the Democratic Wing of the USSR Communist Party and its subsequent secession from that party.', '7. On 14 March 1991 the Ministry of Justice formally registered the publi... | The Court held that there had been a violation of Article 11 of the Convention on account both of the authorities’ refusal to amend information about the applicant party in the State register and of the party’s dissolution. With regard to the latter, it found that the Russian courts had not adduced relevant and suffici... |
1,072 | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | ['I. THE CIRCUMSTANCES OF THE CASE', '5. B.L.H., a holding company, Kver and I.O.R. (together with two further companies) had their business address at Hopsnesveien 127, Bergen (Western Norway), at premises owned by Kver. The companies used a common server and e-mail server (hereinafter referred to as “the server”) for... | The Court held that there had been no violation of Article 8 (right to respect for home and correspondence) of the Convention, finding that, despite the lack of a requirement for prior judicial authorisation, effective and adequate safeguards against abuse had been in place and a fair balance had been struck between th... |
76 | Parental authority, child custody and access rights | ['I. THE CIRCUMSTANCES OF THE CASE', '7. The applicant was born in 1967 and lived in Achern, Germany, before moving to Spain in 2008.', '1. Background to the case', '8. The applicant, who was born in Nigeria, entered Germany in 2003 and applied for asylum. His asylum request was dismissed, a decision which became final... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the authorities had not examined the question whether a relationship between the twins and the applicant would have been in the children’s interest. |
627 | Authors and publishers of books | ['I. THE CIRCUMSTANCES OF THE CASE', '9. The first applicant is a writer and the second is the chairman of the board of directors of the publishing company P.O.L.; the third was the publication director of the daily newspaper Libération. They were born in 1955, 1944 and 1949 respectively and live in Paris.', 'A. The co... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention in respect of the conviction of the first two applicants and of the third. It observed in particular that the sanctions imposed on the author and publisher had not concerned the argument underlying the impugned work ... |
48 | Applications lodged by the parent whose child had been abducted by the other parent | ['I. THE CIRCUMSTANCES OF THE CASE', '5. The applicant was born in 1969 and lives in Zurich.', '6. The applicant is a Polish national. He married M.S. , another Polish national, in 1994. Shortly afterwards they moved to Switzerland where the applicant works as a software specialist. In 1998 their son P. was born and in... | The Court held that there had been a violation of Article 8 of the Convention. Having regard to the circumstances of the case seen as a whole, it was of the view that Poland had failed to secure to the applicant the right to respect for his family life. The Court observed in particular that, in matters pertaining to th... |
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