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228 | The definition of bis | II. RELEVANT DOMESTIC LAW AND OTHER MATERIALS A. Applicable legislation 22. Section VI, Chapter 30, of the 1960 Code of Criminal Procedure ( Уголовно - процессуальный кодекс РСФСР ) in force at the material time allowed certain officials to challenge a judgment which had become effective and to have the case reviewed o... | The Court noted that, in the event that supervisory review of the acquittal had been granted, a new decision that would have been “final” could have resulted. Nevertheless, given the extraordinary nature of a supervisory review appeal and the problems of legal certainty that a quashing of a judgment in such proceedings... |
6 | Conditions of detention | II. RELEVANT DOMESTIC LAW AND PRACTICE A. Detention of aliens who have crossed the border illegally 32. Under section 102 (1) (10) of the Ministry of Internal Affairs Act 2014, the border police may detain aliens who have not complied with the border crossing regime in pre-trial detention facilities or special immigrat... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention in respect of the three children. It noted in particular that the amount of time spent by the applicants in detention – a period of either thirty-two hours or forty-one hours (the exact length o... |
890 | Public or political figures | RELEVANT LEGAL FRAMEWORK 23. The relevant Articles of the Constitution provide: Article 89 “The State shall recognise and protect fundamental human rights in accordance with this Constitution, laws and international agreements binding upon Latvia.” Article 96 “Everyone has the right to inviolability of his or her priva... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that, although the domestic courts had balanced the right to privacy of the applicant with the right to freedom of expression of the publishing magazine, they had failed to do so sufficiently or in... |
753 | Protection of property (Article 1 of Protocol No. 1 to the Convention) | II. RELEVANT DOMESTIC LAW 30. Article 43 of the Constitution provides: “The coasts are the property of the State and fall within its jurisdiction. The public interest shall prevail in the use of seashores, lake shores and riverbanks and of the coastal strips situated by seas and lakes. The law shall determine the width... | The Court held that there had been a violation of Article 1 of Protocol No. 1 to the Convention. It found that the applicants had acquired the disputed plot of land in good faith. Until the title was annulled in favour of the State, they had been the owners and had paid taxes in respect of the property. They had enjoye... |
987 | Cases in which the Court has found a violation of Article 18 in conjunction with Article 5 of the Convention | II. RELEVANT DOMESTIC LAW AND PRACTICE AND INTERNATIONAL REPORTS 78. For a summary of the relevant domestic law, including most of the relevant provisions of the Criminal Code, and practice and for international reports see Yunusova and Yunusov v. Azerbaijan ( no. 59620/14, §§ 92-103, 2 June 2016 ) and Rasul Jafarov (c... | The Court held in particular that there had been a violation of Article 5 § 1 of the Convention owing to the lack of a reasonable suspicion that the applicant had committed a criminal offence as grounds for his detention. It also held that there had been a violation of Article 5 § 4 on account of the lack of a proper j... |
722 | Access to court | II. RELEVANT DOMESTIC LAW AND PRACTICE A. Popular initiatives 20. Article 139 of the Federal Constitution of 18 April 1999 (formerly Articles 118, 121 to 123 of the Federal Constitution of 29 May 1874) provides that 100,000 citizens may seek, by way of a constitutional or popular initiative, an amendment to the Constit... | The Court held that Article 6 § 1 of the Convention was not applicable in the present case. It found that the connection between the Federal Council’s decision and the domestic-law rights invoked by the applicants (life, physical integrity, property) had been too tenuous and remote and was not sufficient to bring Artic... |
850 | GPS (Global Positioning System) | II. RELEVANT DOMESTIC LAW 29. Article 100c § 1 no. 1 was inserted into the Code of Criminal Procedure by the Act on the fight against drug trafficking and other forms of organised crime ( Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der organisierten Kriminalität ) of 15 July 199... | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention. Given that the criminal investigation had concerned very serious crimes, it found that the GPS surveillance of the applicant had been proportionate. |
649 | Freedom of expression | II. RELEVANT DOMESTIC AND INTERNATIONAL LAW A. Applicable domestic law on defamation 54. The relevant provisions of the Freedom of the Press Act of 29 July 1881 read as follows. Section 23 “Anyone who, by uttering speeches, cries or threats in a public place or assembly, or by means of a written or printed text, drawin... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the judgment against the applicant for complicity in defamation could be regarded as a disproportionate interference with his right to freedom of expression. It noted in particular that the impugned rema... |
837 | Searches and seizures carried out at a lawyer’s offices or home | II. RELEVANT DOMESTIC LAW AND PRACTICE A. Provisions of the Code of Criminal Procedure relating to search and seizure 27. Articles 139 to 149 of the Code of Criminal Procedure ( Strafprozeßordnung ) concern the search of premises and persons and the seizure of objects. 28. Article 139 § 1 provides in particular that a ... | The Court held that there had been a violation of Article 8 of the Convention, finding that the police officers’ failure to comply with certain procedural safeguards aimed at preventing arbitrariness and protecting lawyers’ professional secrecy had made the search and seizure of the first applicant’s electronic data di... |
795 | Right to a fair trial (Article 6 of the Convention) | II. RELEVANT DOMESTIC LAW AND PRACTICE A. Legal status of persons placed under partial guardianship and their representation before the courts 42. Section 5 of the Persons and Family Act of 9 August 1949 provides that persons who are unable to look after their own interests on account of mental illness or mental defici... | The Grand Chamber held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention, in that the applicant had been denied access to a court to seek restoration of his legal capacity. While the right of access to the courts was not absolute and restrictions on a person’s procedural rights ... |
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