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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 a... | Zoltán Varga v. Slovakia |
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 agg... | The Court found in particular that, as regards the police interview, the statutory provisions then in force implicitly excluded the assistance of a lawyer for persons arrested under a European Arrest Warrant issued by Luxembourg. Since the domestic court had not remedied the consequences of that lack of assistance, by ... |
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 ... | The Court held that there had been no violation of Article 11 of the Convention, finding that there had been no disproportionate restriction on the applicants’ rights in the present case. The Court reiterated in particular that the right to collective bargaining as guaranteed under Article 11 of the Convention did not ... |
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 ( Gru... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It found that, due to the threat of sophisticated forms of espionage and terrorism, some legislation granting powers of secret surveillance was, under exceptional conditions, “necessary in a de... |
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 whic... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the applicant’s dismissal without notice had been disproportionate and the domestic courts had failed to strike a fair balance between the need to protect the employer’s reputation and the need to protec... |
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... | The Court held that there had been a violation of Article 5 § 1 of the Convention in respect of the applicant’s arrest and re-arrest. It also found a violation of Article 5 § 3 due to the absence of relevant and sufficient reasons for the applicant’s deprivation of liberty, and a violation of Article 5 § 5, finding tha... |
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 Court held that there had been no violation of Article 8 (right to respect for private and family life and home) of the Convention. It found in particular that the fight against terrorism and the urgency of the situation had justified a search of the applicants’ homes pursuant to a search warrant framed in relative... |
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 20... | The Court held that there would be no violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention if the applicant were removed to Afghanistan. It held in particular that the responsibility of Contracting States under Article 3 of the Convention could only be engaged in very exceptional cas... |
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 ... | The Court held that there had been a violation of Article 10 (right to freedom of expression) of the Convention, finding that the applicant’s conviction had been disproportionate to the aims pursued, namely the need to protect public order and to prevent crime as part of the fight against terrorism. It noted, in partic... |
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 Ba... | The Court held that there had been a violation of Article 10 (right to freedom of expression) of the Convention, finding that the interference in question had not been “necessary in a democratic society”. It stressed in particular that, while it did not underestimate the difficulties to which the fight against terroris... |
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 Ku... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It considered that, given her vulnerability in the hands of the authorities who had exercised full control over her during her detention, the applicant’s wife could not be expected to have put up resistanc... |
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 Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the interference with the applicant’s freedom of expression in the form of her summary dismissal had not been necessary in a democratic society to protect the reputation and rights of the company. The Co... |
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 ( Unit... | The Court held that there had been a violation of Article 8 of the Convention, on account of the failure of the Norwegian authorities to ensure that the applicants received essential information enabling them to assess the risks to their health and lives resulting from the use of rapid decompression tables. In the ligh... |
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', 'T... | The Court held that there had been a violation of Article 4 of Protocol No. 4 to the Convention, finding that the decisions refusing the applicants entry to Poland had not been taken with proper regard to their individual situations and had been part of a wider policy of refusing to receive asylum applications from per... |
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 Sh... | The Court held that there had been a procedural violation of Article 2 (right to life) of the Convention, finding that the Bulgarian authorities had failed in their obligation under Article 2 to effectively investigate the applicants’ relative’s death promptly, expeditiously and with the required vigour, considering th... |
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 th... | The Court held that there had been no violation of Articles 8 (right to respect for private and family life) and 9 (right to freedom of thought, conscience and religion) of the Convention and no violation of Article 14 (prohibition of discrimination) of the Convention taken together with Articles 8 and 9. The Court fou... |
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-ag... | The Court held that there had been no violation of Article 14 (prohibition of discrimination) of the Convention taken in conjunction with Article 1 (protection of property) of Protocol No. 1 to the Convention. While Austria was required to keep the issue raised by the applicant’s case under review, it found that by not... |
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 CA... | The Court held that there had been a violation of Article 6 § 1 of the Convention, finding that the Disciplinary Chamber of the Supreme Court, which had examined the applicant’s case, was not a “tribunal established by law”. It noted, in particular, that the procedure for appointing judges to the Disciplinary Chamber h... |
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 ... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the Romanian authorities did not do what was reasonable in the circumstances of the case to ensure the applicant, an older disabled person, effective protection of his right to respect for his... |
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 toge... | The Court held that there had been a violation of Article 2 of the Convention in its procedural aspect (investigation) in respect of the first applicant and a violation of the procedural aspect of Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention in respect of the second applicant,... |
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 occas... | The Court held that there had been a violation of Article 9 of the Convention, finding that the conviction had not been shown to have been justified in the circumstances of the case by a pressing social need. It noted in particular that he Greek courts had merely reproduced the wording of the law that made proselytism ... |
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 agai... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the applicant’s apprehension and conviction of disobeying the police while covering a demonstration, without a sanction, had been proportionate. It noted in particular that the Finnish authorities had b... |
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 M... | 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, although the procedure in hospitals when new-borns die had been improved and reports had been drawn up by Parliament to investigate the missing babies cases, ultimately nothing ha... |
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. 6... | The Court held that there had been a violation of Article 5 § 1 of the Convention, finding that there had been no grounds to bring criminal charges against the applicant and that he had been arrested and placed in pre-trial detention without a reasonable suspicion that he had committed an offence. It also held that the... |
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 thir... | The Court declared the applicants’ complaints under Article 4 (prohibition of slavery and forced labour) inadmissible (manifestly ill-founded). It found that there had been no evidence supporting the complaint of human trafficking. However, it found that the Italian authorities had not effectively investigated the appl... |
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 Par... | The Court established that the complaint about the investigation into the incident – which had occurred in an area under the command of an officer of the armed forces of the United Kingdom – fell within the jurisdiction of the Netherlands within the meaning of Article 1 (obligation to respect human rights) of the Conve... |
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 pe... | The Court held that there had been a violation of Article 3 (right to free elections) of Protocol No. 1, finding that the indiscriminate removal of voting rights without an individualised judicial evaluation, solely on the grounds of mental disability necessitating partial guardianship, could not be considered compatib... |
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, ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that, by ignoring the applicant’s claims that he was the biological father of the child, the Croatian State had failed to discharge its positive obligation to guarantee his right to resp... |
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 re... | The Grand Chamber held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention, in that the applicant had been illegally detained in the institution in question. It observed in particular that the decision to place the applicant had not been lawful within the meaning of Articl... |
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 practis... | The Court held that there had been no violation of Article 6 § 1 of the Convention in the present case, finding, in light of all the circumstances and the safeguards identified, that the national authorities had not exceeded the margin of appreciation afforded to the State and that the applicants had not suffered a dis... |
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 ... | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention, findind that the Norwegian courts had sufficiently safeguarded the applicant’s rights under that provision. It noted in particular that the comments made about the applicant had been found by the City Cou... |
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 o... | No violation of Article 11 of the Convention: While the State had to take “reasonable and appropriate measures to secure the effective enjoyment of the negative right to freedom of association”, the restriction imposed on the applicant had not interfered significantly with the exercise of his right to freedom of associ... |
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... | The Court held that there had been no violation of the procedural limb of Article 2 (right to life) of the Convention, finding that the investigation by the German authorities into the deaths of the applicant’s two sons had complied with the requirements of an effective investigation under Article 2. It noted, in parti... |
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 ... | The Court held that there had been no violation of Article 6 § 1 (right to a fair trial) of the Convention, finding in particular that the German courts’ refusal of the referral, which had not appeared arbitrary, had had sufficient reasons. |
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 newspape... | In its Chamber judgment of 22 June 2021, the Court, by six votes to one, held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the reasons given by the domestic courts had been relevant and sufficient, and that the measure imposed on the applicant could be regarded ... |
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... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. Having examined the decision-making process and the reasoning behind the domestic decisions, it concluded that the interference with the applicant’s right to respect for his private life had bee... |
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 ha... | The Court found a violation of Article 10 (freedom of expression) of the Convention. In its view, people should be free to voice a suspicion of child abuse, formed in good faith, in the context of an appropriate reporting procedure without fear of a criminal conviction or an obligation to pay compensation for harm suff... |
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 memb... | The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1. Having regard to the wide margin of appreciation which a Contracting State enjoys in framing and adopting policies in the tax sector, it found that, in the circumstances, the retrospective measures adopted by Parlia... |
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 ... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that the serious physical harm suffered by the applicants at the hands of the police, as well as the feelings of fear, anguish and inferiority which the impugned treatment had produced ... |
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 acc... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It found that the applicant’s expulsion had been in accordance with the Convention, particularly given that he had been sentenced for rather serious offences in Germany, and had been eventually... |
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... | The Court was not persuaded that sufficient reasons had been put forward by the Lithuanian authorities to justify the interference with the applicant’s right to receive information which, in the specific circumstances of the case, could not be regarded as having been necessary in a democratic society. It therefore held... |
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 Janu... | The Court held that there had been a violation of Article 3 (prohibition of torture) of the Convention under its substantial limb, on account of the ill-treatment the applicants had been subjected to. It was a commonly accepted fact that the protests by the prisoners had been confined to peaceful refusals to eat prison... |
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 rig... | The Court held that there had been a violation of Article 6 § 3 (c) taken together with 6 § 1 of the Convention. It found that that restriction (which was systematic, as it was prescribed by the relevant provisions of Turkish law) of the right of an individual deprived of his liberty to have access to a lawyer was suff... |
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 crimi... | The Court held that there had been a violation of Article 8 of the Convention finding that the interference complained of had not been proportionate to the legitimate aim pursued – namely the prevention of crime and the protection of the rights of others – and could not be regarded as necessary in a democratic society.... |
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 lawy... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) of the Convention in conjunction with Article 2 (right to education) of Protocol No. 1 to the Convention, finding that the applicant had not been able to continue attending primary school in equivalent conditions to those avail... |
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 colle... | The Court noted in particular that, although collective bargaining was not indispensable for the effective enjoyment of trade union freedom, it might be one of the ways by which trade unions were enabled to protect their members’ interests. In the present case, it found that, the absence, under United Kingdom law, of a... |
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... | The Court held that there had been violations of Article 3 (prohibition of torture and of inhuman or degrading treatment) of the Convention, both as regards the treatment sustained by the applicants (substantive aspect) and as regards the response by the domestic authorities (procedural aspect). It found in particular ... |
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 Court held that there had been no violation of Article 10 (freedom of expression) of the Convention in the present case. Considering that even public figures could legitimately expect to be protected against the propagation of rumours relating to intimate aspects of their private life, it found that the interferenc... |
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 ins... | The Court held that there had been a violation of Articles 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect for private life) of the Convention, finding that the Italian authorities had not acted with the necessary diligence and had not taken all reasonable measures in good time to prevent the ... |
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 membershi... | The Court held that there had been a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention both in its substantive and procedural aspect. Having regard in particular to the nature and degree of the ill-treatment and to the strong inferences that could be drawn from the ev... |
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 applican... | The Court held that there had been violation of Article 8 (right to respect for private life) of the Convention. It found in particular that the interference complained of by the applicant was not “in accordance with the law” within the meaning of Article 8 of the Convention. |
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 Affa... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding |
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 pract... | The Court held that there had been a violation of Article 8 of the Convention as concerned both the revocation of the applicant’s Russian citizenship and the decision to expel him from Russian territory, finding that, overall, it had not been convincingly established that the threat which the applicant had allegedly po... |
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 Munici... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) of the Convention taken together with Article 1 (protection of property) of Protocol No. 1 in the applicant’s case, finding that the difference in treatment between men and women as regards entitlement to survivor’s pensions ac... |
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. Backgrou... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the reasons relied on by the Norwegian authorities, although relevant, had not been sufficient to show that the interference complained of had been necessary in a democratic society. There had been no re... |
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 ... | The Court decided to apply Rule 39 of the Rules of Court, requesting the Turkish Government to refrain from deporting the applicant pending the outcome of the proceedings before it. The application of Rule 39 was lifted when the Court’s judgment finding that the implementation of the deportation order against the appli... |
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. 6/20... | The Court held that there had been no violation of Article 11 (freedom of assembly and association) of the Convention. With regard in particular to the proportionality of the dissolution measure, the fact that the applicants’ projects were in contradiction with the concept of “a democratic society” and entailed a consi... |
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, Az... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that the medical care provided to the applicant in prison in the period after 15 April 2002 had been inadequate3 and must have caused him considerable mental suffering which had diminis... |
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- ... | The Court held that there had been a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention on account of ill-treatment sustained by the applicant and of inadequate criminal legislation concerning the punishment of acts of torture which was not an effective deterrent to pre... |
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 ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that, even though the parents’ strained relationship had admittedly not made the Polish courts’ task an easy one when deciding on contact rights, they should nonetheless have taken measu... |
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 o... | The Court held that there had been a violation of Article 3 of Protocol No. 1 to the Convention. It noted in particular that, as someone who was subject to special police supervision because he was suspected of belonging to the Mafia, the applicant had automatically forfeited his civic rights and been struck off the el... |
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... | The Court observed that it could not underestimate the danger of terrorism and noted that States were facing considerable difficulties in protecting their communities from terrorist violence. However, that should not call into question the absolute nature of Article 3 (prohibition of torture and inhuman or degrading tr... |
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 o... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the necessity for interfering with the applicant’s freedom of expression had not been convincingly justified. It noted in particular that there was a difference between damaging an individual’s reputatio... |
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 al... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that the Croatian authorities’ practices had not protected adequately the applicant from an act of serious violence and, together with the manner in which the criminal-law mechanisms ha... |
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... | The Court found a violation of Article 8 (right to private and family life) of the Convention, because a procedure had not been available to the applicant making it possible to obtain information about the risks related to his participation in the tests organised by the army. |
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 appoin... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It noted in particular that the sanction imposed on the applicant – termination of the employment with immediate effect – was rather severe. Furthermore, the Hungarian courts had found against the applicant solely on... |
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 ... | The Court observed that Widow’s Pension, at its origin and until its abolition on 9 April 2001 (except for women whose spouses had died before that date), was intended to correct inequality between older widows, as a group, and the rest of the population. It considered that difference to have been reasonably and object... |
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... | The Court held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention, finding that the practical impossibility for the applicant to deny his paternity from the day the child was born until the present day had impaired, in essence, his right of access to a court. It further held that... |
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 thei... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, in respect of the first applicant10, owing to shortcomings in procedural guarantees afforded to him as a minor migrant. As a result, he had not been able to file an asylum request and had been placed in an... |
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 th... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, both on account of the applicant’s ill-treatment and on account of the ineffective investigation into the related complaints. It also held that there had been a violation of Article 6 §§ 1 and ... |
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 applicati... | The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention. The applicant had been detained for two years and eight-and-a-half months. While his deportation had been ordered in December 2005, the authorities had only attempted for the first time, in February 2007, ... |
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. Th... | The Court found that there had been a violation of Article 3 of the Convention, as the conditions of detention imposed on the applicant up to 17 November 2009 constituted inhuman treatment, but no violation of Article 3 as regards the subsequent period. It observed in particular as follows: “Article 3 of the Convention... |
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 Foundatio... | The Court held that there had been a violation of Article 11 of the Convention, finding that the reasons invoked by the Romanian authorities for refusing registration of the association were not guided by any pressing social need, nor were they convincing and compelling. Consequently, a measure as radical as the refusa... |
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 Preven... | The Court held that there had been no violation of Article 5 § 3 (right to liberty and security) of the Convention. The detention of the applicants for periods longer than in the Brogan and Others case (see above) did not breach the Convention as the United Kingdom had made a valid emergency derogation under Article 15... |
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 Court held that once the applicants had brought a civil action in the Italian courts, there indisputably existed a “jurisdictional link” for the purposes of Article 1 (obligation to respect human rights) of the Convention. However, the Court found no violation of Article 6 (right to a fair trial) of the Convention,... |
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... | The Court held that there had been no violation of Article 6 § 3 (c) taken together with Article 6 § 1 of the Convention. Although the applicant had not been free to leave when he was stopped on 21 February the circumstances of the case disclosed no significant curtailment of his freedom of action sufficient to activat... |
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... | The Court held that the applicant had been a victim of discrimination on account of his health status, in breach of Article 8 (right to private life) taken together with Article 14 (prohibition of discrimination) of the Convention. It observed in particular that the domestic courts had based their decision to reject hi... |
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... | In this case the Court recalled that it was essential for searches at a lawyer’s office to be attended by special safeguards. It was also vital to provide a strict regulatory framework for such measures. The Court noted that in the applicant’s case the search had been attended by a special safeguard since the chairman ... |
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 m... | The Court held that there would be a violation of Article 8 of the Convention in respect of the two applicants if the decision ordering the child’s return to Israel were to be enforced. It was in particular not convinced that it would be in the child’s best interests for him to return to Israel. He was indeed a Swiss n... |
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 illegal... | The Court firstly observed that a loss of a citizenship already acquired or born into, as in the applicant’s case, could have the same (and possibly a bigger) impact on a person’s private and family life as a person claiming the right to acquire citizenship or complaining about the denial of recognition of such citizen... |
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, ... | The Court, pursuant to Article 35 (admissibility criteria) of the Convention, declared this part of the application inadmissible as being incompatible ratione materiae (in terms of subject matter) with the provisions of the Convention. The Court noted in particular that the first set of proceedings in the Constitutiona... |
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 whic... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the applicant’s dismissal without notice had been disproportionate and the German courts had failed to strike a fair balance between the need to protect the employer’s reputation and the need to protect ... |
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 ap... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention as concerned the treatment of the applicant by the police, given in particular his injuries, which proved that he had experienced serious physical and mental suffering. It noted, inter alia, tha... |
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 –... | Noting in particular that there had been no judicial decision authorising the applicant’s detention for six months, the Court held that there had been a violation of Article 5 § 1 of the Convention. However, it declared inadmissible, as being manifestly ill-founded, the applicant’s complaint under Article 18 in conjunc... |
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, ma... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the interference with the applicant’s rights had been proportionate. While noting that he had not acted with improper motives, the Court nevertheless found that the applicant had been negligent in not v... |
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 ... | The Court held that there had been no violation of Article 1 of Protocol No. 1 to the Convention in the applicant’s case, finding that she had not suffered disproportionate interference with her property rights. In this case the Court however reiterated that while none of the Articles of the European Convention on Huma... |
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 Nicosi... | The Court, finding the Cypriot Government’s objection that the relevant “effective” domestic remedy had not been exhausted by the applicant to be well-founded, declared the application inadmissible. The applicant had not cited Article 1 (protection of property) of Protocol No. 1 to the Convention before the Supreme Cou... |
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 C... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. It noted in particular that on both its applications the applicant company was a creditor of the State on account of the VAT wrongly paid for the period 1 January to 30 June 1978 and that in any event it had at least... |
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 Presi... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the interference with the applicant’s freedom of expression had been necessary in a democratic society. It considered, in particular, that the statement made by the applicant had not only been detriment... |
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), ... | The Court held that there had been a violation of Article 2 (right to education) of Protocol No. 1 to the Convention. It found in particular that the curriculum of KRL gave preponderant weight to Christianity by stating that the object of primary and lower secondary education was to give pupils a Christian and moral up... |
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 man... | The Court held that there had been a violation of Article 1 (general prohibition of discrimination) of Protocol No. 12 to the Convention in the present case, finding that the State had failed to implement desegregating measures. It recalled in particular that it had already found a violation of the prohibition of discr... |
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 fut... | The Court held that there had been a violation of Article 3 of Protocol No.° 1 to the Convention, finding that the indiscriminate removal of the applicant’s voting rights – without individual judicial review and solely because he had been placed under partial guardianship – had not been proportionate to the legitimate ... |
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 ... | The Court held that there had been no violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 (freedom of thought, conscience and religion) of the Convention, finding that, in so far as any difference of treatment between religious groups in comparable situations could be said to hav... |
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 st... | The Court found no violation of Article 11 of the Convention. It recalled that, as with political parties, the State was entitled to take preventive measures to protect democracy against associations if a sufficiently imminent threat to the rights of others undermined the fundamental values upon which a democratic soci... |
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 ... | The Court held in particular that there had been a violation of Article 5 § 1 of the Convention, in that the charges against the applicant had not been based on a “reasonable suspicion”. It also held that there had been a violation of Article 5 § 4 on account of the lack of adequate judicial review of the lawfulness of... |
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... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It noted in particular that the penalty had amounted to an interference with the applicant’s exercise of the right to freedom of expression, which had been prescribed by law and pursued the aims of protecting the rep... |
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... | The Court found in particular that the destruction of the applicant’s home and possessions by security forces amounted to inhuman treatment contrary to Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It held that, even in the most difficult of circumstances, such as the fight against organi... |
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... | The Court found that social services had failed to protect the children, in violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, and that there had been no effective remedy, in violation of Article 13 (right to an effective remedy) of the Convention. |
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 a... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention as regards the execution of an interim decision of May 2010 granting the applicant the right to see his son. It found that the German authorities had failed to take effective steps to execute the... |
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 ret... | The Court found that the disclosure of the footage by the municipal council had not been accompanied by sufficient safeguards and constituted disproportionate and unjustified interference with the applicant’s private life, in breach of Article 8 (right to respect for private life) of the Convention. Furthermore, at the... |
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