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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 sentenced t... | The applicant complained that he had been held in poor conditions at Bjelovar Prison. He alleged that he had disposed of less than 3 sq. m of personal space in his cell for a number of non-consecutive periods of a total duration of 50 days and personal space of between 3 and 4 sq. m in other periods. He also complained... |
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 weapon. ... | Suffering from paraplegia of the lower limbs and urinary and faecal incontinence, the applicant complained that, in view of his severe disability, his continuing detention amounted to inhuman and degrading treatment. |
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 the Vienna F... | The applicant, a national of the former Socialist Federal Republic of Yugoslavia at the time of the events, alleged that, when held in custody in Vienna Police Prison with a view to his expulsion for illegal residence, prison officers had ill-treated him. Placed in solitary confinement immediately afterwards, he furthe... |
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 the applic... | The applicants were arrested in April 1999 and subsequently charged with kidnapping and torture. A few days before their trial in July 1999, a national television channel broadcast a talk show during which three prosecution officials discussed the case in detail. The first applicant complained in particular that the po... |
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 terrorist organisat... | In this case the applicants complained that their right to an effective investigation had been breached as a result of the Belgian authorities’ refusal to execute the European arrest warrants issued by Spain in respect of N.J.E., the individual suspected of shooting their father, who was murdered in 1981 by a commando ... |
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 Hospital f... | The applicants’ 20-year-old son, who sought medical assistance for nausea and itching skin, died in hospital in 1993 after he was injected with drugs to which he was allergic. The applicants complained that their son died because of medical negligence and that there had been no effective investigation into his death. |
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 Regional Co... | This case concerned the extradition, which had been effected despite the indication of an interim measure by the Court, under Rule 39 of the Rules of Court, of a Tunisian national from Belgium to the United States, where he is being prosecuted on charges of terrorist offences and is liable to life imprisonment. |
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 2 of... | This case concerned eviction proceedings brought against a number of traveller families who had been living in the same place for many years. The domestic courts issued orders for the families’ eviction, on pain of penalty for non-compliance. Although the orders were not enforced, many of the families moved out. Only f... |
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 11. The app... | The applicants, a married couple, complained that the withdrawal of their parental authority in respect of their daughters and the placement of the latter in foster families, mainly on the grounds that the parents did not have the intellectual capacity to bring up their children, had breached their right to respect for... |
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. She was subseq... | This case concerned the refusal to allow the applicant, an active member of ETA until her arrest in 2003 and who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. |
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 which sole cus... | The two cases concerned compensation proceedings under the Media Act brought by a mother and child against two publishing companies on account of their newspapers’ reporting on the dispute between the parents over custody of the child. The articles published by the two newspapers revealed the child’s identity and gave ... |
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 declare the app... | The applicant7 complained about being ordered by a court to undergo a DNA test in a contested paternity case. |
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 summarised... | This case concerned the ordering of preventive detention in respect of the applicant – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The applicant complained in particular that he had been punished twice for the same crimes. |
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 he was autho... | This case concerned a civil servant who automatically lost his public service retirement benefits when dismissed following disciplinary proceedings brought against him in 2005. The applicant pointed out in particular that, although he had repaid his debt to society having been convicted by a criminal court, served a pr... |
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 with various n... | This case concerned the conviction of the applicants – a well-known writer and columnist and an editor – for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. |
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 live wi... | This case concerned a Croatian woman’s complaint of human trafficking and forced prostitution. The applicant complained of an inadequate official procedural response to her allegations. |
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, as submit... | The applicants, ethnic Hungarians, undertook their education in their mother tongue. In order to receive their baccalaureate (school-leaving) qualification they had to sit exams to test their Romanian and their Hungarian, having to take two more exams than ethnic Romanians. They complained about discrimination against ... |
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 as a ... | The applicant, a 68-year-old post-operative male-to-female transsexual, complained about the lack of legal recognition of her change of gender and the refusal to pay her a retirement pension at the age applicable to other women (60). Her application was refused on the ground that she would only be entitled to a State p... |
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 generalised v... | Both applicants were convicted by the Court of Bosnia and Herzegovina of war crimes committed against civilians during the 1992-1995 war. The first one complained in particular that he had not been afforded a fair hearing by an independent tribunal. He submitted that the adjudicating tribunal had not been independent w... |
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 question were ... | The applicant, a German national, was detained in a prison in England pending extradition to the United States of America (USA) to face murder charges for killing his girlfriend’s parents. He complained that, despite the diplomatic assurances, he risked being sentenced to death if extradited to the USA. He maintained i... |
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 medical t... | The applicant is autistic, unable to speak and his level of understanding is limited. In July 1997, while at a day centre, he started inflicting harm on himself. He was subsequently transferred to a hospital’s intensive behavioural unit as an “informal patient”. The applicant mainly alleged that his treatment as an inf... |
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 Federal Service ... | This case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The applicant argued in particular that the arrest had taken place near her school and therefore the authorities should have anticipated the likelihood of her... |
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 he woul... | The applicant, who served in the army, complained that the martial court, that had sentenced him to two years’ imprisonment, demoted him to the rank of guardsman and dismissed him from the army, had not been an independent and impartial tribunal, because, inter alia, all the officers appointed to it were directly subor... |
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 unspecified da... | This case concerned proceedings brought by the social services to divest a mother and a daughter of their legal capacity. The first applicant, who was born in 1923, was bedridden and suspected to be suffering from dementia. She was first appointed a guardian in July 2006 and was divested of her legal capacity in August... |
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 applicant to fou... | This case concerned the requirement for a prisoner to work beyond the retirement age. The applicant alleged in particular that there had been a violation of his right not to be required to perform forced or compulsory labour. |
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 died w... | The first applicant, an adopted child, was disinherited and his mother, the second applicant, consequently lost her right to the life tenancy of the family estate after the Andorran courts interpreted a clause in a will – stipulating that the heir must be born of a “legitimate and canonical marriage” – as referring onl... |
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 took th... | This case concerned administrative and criminal proceedings brought against the applicant following an altercation in a bar. The applicant complained in particular about being tried and punished twice for the same offence. |
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 Alma-Ata (... | This case concerned the extradition to Uzbekistan in 1999 of two members of an opposition party in Uzbekistan suspected of the explosion of a bomb in that country as well as an attempted terrorist attack on the President of the Republic. Although the Court had on 18 March 1999 indicated to the Turkish Government, unde... |
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 stated aim... | This case concerned the dissolution of an association on account of the anti-Roma rallies and demonstrations organised by its movement. |
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 matrimonial home a... | The applicant, a Jehovah’s Witness, submitted in particular that the residence order providing that her two children should live with their father had interfered in her private and family life and was discriminatory. |
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 Magistratur... | This case concerned the criminal conviction of the applicant, a lawyer, for having defamed an investigating judge (Judge X) in the context of proceedings regarding the division of an estate in which he had been acting for two clients. The applicant sent a circular letter to Judge X and other judges of the Lucca Distric... |
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 boys we... | A supposedly “difficult” nine-year-old was caned several times and with considerable force by his step-father, causing bruising and suffering. His step-father was tried for assault causing actual bodily harm, but acquitted, as English law at the time allowed for a defence of “reasonable punishment”. |
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 and the... | The case concerned land of more than 100,000 square metres, which the applicants claimed has been owned by their families for more than three generations. The applicants complained about a decision of the Turkish courts to register the land in the name of the Public Treasury on the ground that the land was public fores... |
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 September 200... | This case concerned in particular the nearly two months long detention at a transit centre for adults run by the Aliens Office near Brussels airport of a five-year old Congolese national travelling alone to join her mother who had obtained refugee status in Canada. |
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 to wear ... | A Jehovah’s Witness, the applicant was convicted of a felony offence for having refused to enlist in the army at a time when Greece did not offer alternative service to conscientious objectors to military service. A few years later he was refused appointment as a chartered accountant on the grounds of his conviction de... |
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 the field of ... | This case essentially concerned a professor’s criminal conviction for misuse of office in his capacity as a public official, for refusing to comply with two administrative court judgments granting access, under specified conditions, to the University of Gothenburg’s research on hyperactivity and attention deficit disor... |
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 to order... | This case concerned a telephone call to the applicant from the former Soviet embassy – to order a depilatory appliance advertised by him – intercepted by the public prosecutor’s office, which requested the intelligence service to draw up a file on the applicant. |
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 favourable appraisa... | These applications were brought by 45 US nationals: both on their own behalf, and on behalf of 27 Russian children. In late 2012, the US applicants had been in the final stages of procedures to adopt the children, many of whom required specialist medical care. However, after a Russian law had been passed which banned a... |
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 third to fi... | The applicants were the relatives of a baby and his mother whose husband/father had killed both them and himself one month after being released from prison, where he had been held for making those same death threats. He was originally ordered to undergo compulsory psychiatric treatment while in prison and after his rel... |
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 represen... | This case concerned the rerouting of traffic by the applicants’ house during the construction of a motorway, and the applicants’ attempts to rectify the situation via the authorities. The traffic increase allegedly led to noise and other forms of pollution. |
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 has it... | The applicants in this case were a journalist and writer, a publishing company and the president of that company. In 1997 the company published a book by the first applicant entitled Aubrac-Lyons 1943, which recounts the arrest by Klaus Barbie of the main Resistance leaders in Caluire, including Jean Moulin and Raymond... |
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. F.M ., toge... | In 1998 the applicant and his wife separated and his wife moved out with their daughter (born in January 1997) to live with her parents. The applicant only managed to see his daughter once after the separation as his ex-wife and her parents refused to give him access to her. In June 2003 he brought divorce proceedings.... |
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 discotheques to open in ... | The applicant complained of noise and of being disturbed at night by nightclubs near her home. She alleged that the Spanish authorities were responsible and that the resulting noise pollution constituted a violation of her right to respect for her homes. |
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 relevan... | This case concerned alleged discrimination by the Serbian authorities against blind chess players, its own nationals, who had won medals at major international events, notably in the Blind Chess Olympiad. Unlike other Serbian athletes with disabilities and sighted chess players who had attained the same or similar spor... |
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 hospital as... | The applicant complained that as a result of serious medical errors she was no longer able to bear children. While she was in her sixteenth week of pregnancy, the foetus was diagnosed with hydrocephalus and it was decided that the pregnancy should be interrupted. After complications following treatments the applicant r... |
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 was employed b... | The three applicants, formerly a tax inspector, a prosecutor and a lawyer in a private telecommunications company, complained about Lithuania’s failure to repeal legislation (“the KGB Act”) banning former KGB employees from working in certain spheres of the private sector, despite judgments of the European Court of Hum... |
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 intervention c... | This case concerned a raid in 2011 by 85 police and gendarmes on the Roma community in Vâlcele (Romania). The applicant family complained that they had been ill-treated by the police, that the investigation into their allegations had been ineffective and that the authorities’ justification for the raid had been racist. |
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 and that t... | This case concerned the applicant’s conviction for defamation for expressing concerns to a social worker that her daughter might have been sexually abused by her (the child’s) father. This was the second time the applicant had raised such concerns and came after a police investigation into the allegations had concluded... |
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 the Preventio... | This case concerned the lack of appropriate medical care given to a detainee, who died from AIDS two weeks after he was released from detention. |
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 below) s... | In this case the Court was not persuaded that it should depart from its Rees and Cossey judgments (see above, page 1). It noted in particular that “transsexualism continue[d] to raise complex scientific, legal, moral and social issues in respect of which there [wa]s no generally shared approach among the Contracting St... |
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 applicant ... | A paraplegic confined to a wheelchair and suffering from a number of health problems, the applicant complained that the care given to him during his detention and the conditions of his detention had been incompatible with his medical needs. In particular, he alleged that the prison facilities were not adapted to the us... |
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. 7. On 15 ... | The applicant, the founder of the PKK (Kurdistan Workers’ Party), an illegal organisation, complained mainly about the irreducible nature of his sentence to life imprisonment, and about the conditions of his detention (in particular his social isolation and the restrictions on his communication with members of his fami... |
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 driver fled a... | This case concerned the expulsion of 19 Afghan nationals to Ukraine by the Slovak Border and Foreigners Police. |
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 was val... | This case concerned proceedings as a result of which the applicants, Pakistani nationals living lawfully in Romania, were declared undesirable and deported. The applicants complained that they had not been afforded due procedural safeguards and had not been able to defend themselves effectively in the proceedings. More... |
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 date the co... | The applicants were an Afghan couple and their five children. The Swiss authorities had rejected their application for asylum and ordered their deportation to Italy, where they had been registered in the “EURODAC system”4 in July 2001. The applicants alleged in particular that if they were returned to Italy “in the abs... |
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 Crime ( Ured z... | This case principally concerned the secret surveillance of telephone conversations of a drug-trafficking suspect. The applicant alleged in particular that the investigating judge had failed to comply with the procedure required by Croatian law to effectively assess whether the use of secret surveillance was necessary a... |
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 placed in ... | This case concerned allegations of sexual abuse perpetrated against three children in an orphanage in Bulgaria before their adoption by an Italian couple in June 2012. The applicants also submitted that the Bulgarian authorities had failed in their obligations to protect them from such treatment and subsequently to con... |
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 work acc... | The applicant was seriously injured on board a trawler and had to give up his work as a seaman. His disability was assessed at 100%, which made him eligible for a disability pension from the Seamen’s Pension Fund on the ground that he was unable to carry out the work he had performed before his accident. In 1992, on ac... |
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 organisation.... | This case concerned in particular the conviction and detention of a minor for two years for membership of the PKK (Kurdish Workers’ Party), an illegal armed organisation, after he participated in a demonstration held in Diyarbakır in July 2008 and threw stones at police officers. He was also convicted of disseminating ... |
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 granted acces... | This case concerned the total removal of a father’s access rights on the grounds that his religious convictions had been detrimental to his son’s upbringing. The applicant complained in particular that the denial of his access rights had been based on his religious beliefs and that he had been treated differently to ot... |
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 Prevention of Ter... | The applicants contended for the first time before the Court that it was an essential requirement for a valid derogation under Article 4 of the 1966 United Nations International Covenant on Civil and Political Rights, to which the United Kingdom was a Party, that a public emergency must have been “officially proclaimed... |
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 rall... | This case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. |
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 ethics, a... | This case concerned the liability of a self-regulatory body of Internet content providers and an Internet news portal for vulgar and offensive online comments posted on their websites following the publication of an opinion criticising the misleading business practices of two real estate websites. The applicants compla... |
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 and reside... | The applicant, an Afghan national, arrived in Sweden with her husband in 2004. Their requests for asylum were refused several times. In 2005 the applicant separated from her husband. In 2008 her request for a divorce was refused by the Swedish courts as they had no authority to dissolve the marriage as long as the appl... |
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 custody in... | This case concerned the death of the applicant’s son, aged 17, while in police custody, following his arrest for attempted theft. The applicant alleged that her son died after being ill-treated by police officers, that the police failed to provide adequate medical treatment for his injuries, that the authorities failed... |
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 editor in c... | The first applicant in this case owned a publishing house which published a weekly magazine and a supplement for children. The second applicant was the magazine’s editor-in-chief. The case concerned the publication in the supplement of an article containing satirical cartoons which referred to an advertising campaign f... |
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 "his". Si... | The first applicant, X, a female-to-male transsexual, was living in a permanent and stable union with the second applicant, Y, a woman. The third applicant, Z, was born to the second applicant as a result of artificial insemination by donor. The applicants complained that X’s role as Z’s father was not recognised and t... |
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 AND ... | This case concerned the removal of the applicant, a judge, from the National Council of the Judiciary (NCJ) before his term had ended and his inability to get judicial review of that decision. His removal had taken place in the context of judicial reforms in Poland. The applicant complained in particular of having been... |
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 offered the... | The applicant company, which was running a restaurant, brought civil proceedings against the owner of the restaurant premises, after having paid a rental increase to cover renovation work which was not completed according to plan. It complained that the court of appeal which sat in his civil proceedings was not indepen... |
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. 7. On 27 F... | The applicant, a journalist of the German weekly magazine Stern, complained about searches and seizures at his home and his place of work following the publication of articles concerning irregularities in the European institutions and based on information from confidential documents from the European Anti-Fraud Office. |
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" ( förhandlingsklausul, s... | The applicant complained in particular that an action he had brought with a view to having a clause deleted from his lease had not been heard by an independent and impartial tribunal. The clause in question stipulated that the rent should be fixed by negotiation between a named landlord’s association and a named tenant... |
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 doorstep. ... | In 2004 the applicant’s wife, who was suffering from complete quadriplegia, unsuccessfully applied to the Federal Institute for Pharmaceutical and Medical Products for authorisation to obtain a lethal dose of a drug that would have enabled her to commit suicide at home in Germany. An administrative appeal by the applic... |
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 activities, the app... | This case concerned the conviction of three journalists who intercepted radio communications between carabinieri in order to arrive quickly at crime scenes and report on them for their local newspaper. |
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 various pa... | In September 1993 three Roma men were attacked in the village of Hădăreni by a large crowd of non-Roma villagers, including the local police commander and several officers: one burnt to death, the other two were beaten to death by the crowd. The applicants alleged that the police then encouraged the crowd to destroy ot... |
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 diagnosed with ... | This case concerned the failure to provide a patient, infected with HIV virus by blood transfusions at birth, with full and free medical cover for life. He and his parents alleged in particular that the national authorities had been responsible for his life-threatening condition as they had failed to sufficiently train... |
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 attacked th... | The applicant, of Roma origin, was attacked by two unidentified men when collecting scrap metal in April 1999. They beat him with wooden planks and shouted racial abuse while two other men kept watch. Shortly afterwards the police arrived, interviewed people at the scene and made an unsuccessful search for the attacker... |
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 Department of ... | The applicants complained that they had been separated from their five children, who had been placed in public care, because of the difficulties they had finding suitable accommodation for such a large family. They also complained about the lack of assistance on the part of the Czech authorities. |
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 so included the ... | The applicant, a French doctor, was struck off the regional doctors’ register for reasons of professional misconduct after he admitted that he had been advising his patients, who wished to lose weight, from a distance. He never met his patients, did not monitor or adjust the treatment prescribed, and during his frequen... |
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 his grandf... | This case concerned the detention for 30 days of a mentally disturbed 12-year old boy in a juvenile temporary detention centre. The applicant maintained notably that the proceedings against him had been unfair because he had allegedly been questioned by the police in the absence of his guardian, counsel or a teacher. |
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 Terrori... | This case concerned the arrest and detention of the applicants, three Pakistani nationals, in the context of a counterterrorism operation. The applicants were detained for 13 days, before ultimately being released without charge. During that period they were brought twice before a court with warrants for their further ... |
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 follows. ... | The applicant, who had been attacked in a bar by a man to whom she had disclosed her homosexual orientation, complained in particular of the lack of an appropriate procedural response of the domestic authorities to an act of violence by a private party motivated by her sexual orientation. |
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 to wear ... | The executive board of the Greek chartered accountants body refused to appoint the applicant as a chartered accountant – even though he had passed the relevant qualifying exam – on the ground that he had been convicted of insubordination for having refused to wear the military uniform at a time of general mobilization ... |
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 which w... | The applicant, a Jordanian national, suspected of having links with al-Qaeda, alleged in particular that he faced a real risk of suffering a flagrant denial of justice in the event of his deportation, on account of the possible use in his new trial of evidence obtained by torture. |
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 the City ... | The applicant, who lived in a semi-detached house in a residential area, complained that the authorities had failed to protect her home from the noise emanating from a tailoring workshop located in an adjacent building. She had brought proceedings against her neighbour to have the workshop closed or to have measures ta... |
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 by trai... | Refah Partisi (the Welfare Party - “Refah”) was founded in July 1983. It was dissolved in January 1998 by a judgment of the Turkish Constitutional Court on the ground that it had become a “centre of activities against the principle of secularism”. The Turkish Constitutional Court also declared that Refah’s assets were ... |
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 Charter of the Unite... | This case concerned the deaths of the applicants’ six close relatives in Basrah in 2003 while the UK was an occupying power: three of the victims were shot dead or shot and fatally wounded by British soldiers; one was shot and fatally wounded during an exchange of fire between a British patrol and unknown gunmen; one w... |
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. 7. On 25 April... | The applicant in this case had lodged a divorce and eviction claim before the courts against his wife, submitting that their conflictual relationship made co-habitation unbearable. However, the domestic courts never examined his claim as he was declared legally incapable, following proceedings brought by his wife and s... |
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. The di... | This case concerned the authorities’ refusal to give undertaking not to prosecute the applicant’s husband if he assisted her to commit suicide. The applicant was dying of motor neurone disease, a degenerative disease affecting the muscles for which there is no cure. Given that the final stages of the disease are distre... |
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 that th... | The first applicant is the mother of the second applicant, who was born in 2008. Soon after his birth, the second applicant was placed, with his mother’s consent, in a foster family in another town, on the grounds that his mother had no income and lived in a dilapidated property without heating. The first applicant com... |
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 life, in Bulgaria... | This case concerned the Bulgarian authorities’ plan to evict Roma from a settlement situated on municipal land in an area of Sofia called Batalova Vodenitsa. |
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 lawye... | This case concerned the alleged discriminatory denial of a vote to the applicants, internally displaced persons who fled the conflict in Donetsk and the Crimea and came to Kyiv in 2014-15, in the Kyiv local elections in 2015. |
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 Trafic ... | The applicants in this case, who were crew-members of a cargo vessel registered in Cambodia, had been arrested on the high seas after the interception of their ship by the French authorities on suspicion of drug trafficking, before being presented to an investigating judge when their ship reached France. They complaine... |
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. circum... | This case concerned the entry from Serbia to Hungary, as part of a group, of the applicant, a Pakistani national, and his subsequent summary expulsion by the police. The applicant submitted that his expulsion from Hungary had been part of a collective expulsion, and that he had no remedy for his complaint. |
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 violence w... | This case concerned allegations of domestic servitude by a Ugandan woman who complained that she had been forced into working as a live-in carer. |
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 case 5. The... | This case concerned a telephone conversation between the applicant – who, at the time, was the Prime Minister of Lithuania – and a mayor that was secretly recorded during a pre-trial investigation into possible corruption in connection with territorial planning and was made public at a hearing of the Lithuanian Parliam... |
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 public associati... | The applicant party was created in 1990 by the consolidation of the Democratic Wing of the USSR Communist Party and its subsequent secession from that party. In August 2002, it was registered as a party by the Ministry of Justice of the Russian Federation. Before the Court, the applicant party complained that in 2006 t... |
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 thei... | This case concerned the complaint by three Norwegian companies about a decision of the tax authorities ordering tax auditors to be provided with a copy of all data on a computer server used jointly by the three companies. The applicants maintained that this decision had breached their rights to respect for home and cor... |
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 in Februar... | This case concerned the refusal of German courts to allow the applicant to see his biological children, twins, with whom he had never lived. |
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 conviction... | This case concerned the criminal conviction of the author and publisher of a novel, the first two applicants, for defamation against a political party of the far right and its chairman, together with the conviction for defamation of the third applicant, the director of a prominent national daily newspaper, which had pu... |
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 2002 th... | The applicant, whose children were retained in Poland by their mother, argued that the Polish courts had failed to correctly apply the Hague Convention of 25 October 1980 when deciding on his request for the return of his children to Switzerland. Notably, the courts, basing their decision on the custody decision issued... |
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