(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984
Citations: 45334/06 HEDEC, [2012] ECHR 2072, [2013] ECHR 230 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.468755
Citations: 62120/09 – HEJUD, [2012] ECHR 2068 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.467123
Citations: 52959/99, [2002] ECHR 84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.212809
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002
Citations: 34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Zielinski v France ECHR 28-Oct-1999 Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is … Continue reading Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011
Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 41982/10, [2018] ECHR 975 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.631234
ECHR Judgment : Right to life : Fourth Section Citations: 48395/16, [2020] ECHR 317 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.650995
Citations: 75184/11 – Communicated Case, [2013] ECHR 386, [2013] ECHR 851 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491928
Citations: 300/11 – Communicated Case, [2013] ECHR 385, [2013] ECHR 848 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491924
ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013
Citations: [2022] NIQB 42 Links: Bailii Statutes: Rehabilitation of Offenders (Northern Ireland) Order 1978 6(1), European Convention on Human Rights 8 Jurisdiction: Northern Ireland Human Rights, Damages Updated: 05 December 2022; Ref: scu.683448
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 2169/12, [2022] ECHR 938 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682604
ECHR Judgment : Protection of property : Third Section Citations: 18921/15, [2020] ECHR 318 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651031
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 5710/12, [2020] ECHR 368 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650997
ECHR Judgment : Right to a fair trial : Second Section Citations: 8211/10, [2020] ECHR 316 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650993
ECHR Judgment : No Article 7 – No punishment without law : First Section Citations: 44612/13, [2020] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651001
ECHR Judgment : Right to a fair trial : Second Section Committee Citations: 25148/07, [2020] ECHR 319 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650998
ECHR – DECISION Citations: 5908/12, [2013] ECHR 1370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682590
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 72192/12, [2020] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651049
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 18106/12, [2020] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651048
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 70878/12, [2020] ECHR 364 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651039
Citations: 33954/05 – Chamber Judgment, [2013] ECHR 1207 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.518834
ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015
ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015
ECHR Judgment : Preliminary objection joined to merits and dismissed : Fourth Section Citations: 2265/12, [2022] ECHR 937 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682644
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 59012/17, [2022] ECHR 930 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682643
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECHR Judgment : Remainder inadmissible : Third Section Citations: 44873/09, [2018] ECHR 950 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631242
ECHR Press release – inadmissible application : dismissal of Turkish civil servants after the attempted coup d’etat Citations: 70478/16, [2017] ECHR 513 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607663
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 61902/12, [2017] ECHR 520 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607633
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
ECHR Judgment : Remainder inadmissible : Third Section Citations: 65550/13, [2018] ECHR 1012 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631264
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 42991/13, [2018] ECHR 999 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631266
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Citations: 42507/06, [2018] ECHR 968 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631239
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 5374/07, [2018] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631296
‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016
Citations: 19165/08 (Communicated Case), [2012] ECHR 1207 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.462118
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
ECHR Judgment : Article 10 – Freedom of expression – (general) : Second Section Citations: 21266/19, [2022] ECHR 60 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.671761
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Citations: 19842/15, [2018] ECHR 1001 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631273
ECHR Judgment : Article 2 of Protocol No. 4 – Freedom of movement-{general} : Fifth Section Committee Citations: 22271/14, [2018] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631231
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 63465/12, [2018] ECHR 976 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631254
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 60289/14, [2018] ECHR 954 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631232
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 66640/12, [2018] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631291
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 18498/15, [2020] ECHR 220 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649717
ECHR Judgment : Right to respect for private and family life : Third Section Citations: 8578/12, [2020] ECHR 154 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649687
ECHR Judgment : Right to liberty and security : Third Section Citations: 12848/15, [2020] ECHR 155 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649679
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 57269/14, [2018] ECHR 953 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631248
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 43639/12, [2018] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631279
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 1268/15, [2018] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631257
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Non-pecuniary damage – award : Third Section Committee Citations: 43301/07, [2018] ECHR 981, [2020] ECHR 640 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631283
ECHR Judgment : Article 14+2 – Prohibition of discrimination : Third Section Citations: 655/16, [2018] ECHR 1003 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631281
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11467/15, [2018] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631250
Citations: 52178/10, [2012] ECHR 1373 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Summary – Samsonnikov v Estonia (Summary) ECHR 3-Jul-2012 ECHR Article 8 Expulsion Expulsion of long-term resident following series of criminal convictions: no violation Facts – The applicant was born in Estonia in 1978 and lived there on the … Continue reading Samsonnikov v Estonia: ECHR 3 Jul 2012
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 39159/12, [2018] ECHR 966 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.631247
FTTTx Information notice – Third Party Notice – FA 2008, Sch 36 – ‘relevant foreign tax’ – European Convention on Human Rights – right to a fair hearing Citations: [2012] UKFTT 765 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management, Human Rights Updated: 17 November 2022; Ref: scu.472736
Citations: 59552/08 – Chamber Judgment (French Text), [2013] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015 ECHR Article 7 Article 7-1 Heavier penalty Nullum crimen sine lege Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal … Continue reading Rohlena v The Czech Republic: ECHR 18 Apr 2013
Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
FTTTx INCOME TAX – Appeal against amendment made by a closure notice – Whether Tribunal has the power to allow an appeal on grounds that the application of the law in the circumstances of the particular case would be manifestly unreasonable and unjust and would not achieve the purposes of the legislation – European Convention … Continue reading Anderson v Revenue and Customs: FTTTx 18 Feb 2013
Citations: 2964/12 – HEJUD, [2013] ECHR 252 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472096
Citations: 32843/03 – HEJUD (French text), [2013] ECHR 213 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471863
Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012
The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
Citations: 48494/06 – HEJUD, [2013] ECHR 132 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.470916
UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013
Citations: 6185/09 – HEJUD, [2012] ECHR 1962, 31933/08, 10185/10, 20939/11, 3167/11, 42151/10, 46696/09, 52792/09, 53518/09, 60084/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.465971
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Fifth Section Citations: 18297/13, [2018] ECHR 961 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631228
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 33683/08, [2018] ECHR 1007 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631292
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 48327/09, [2018] ECHR 962 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631236
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 57273/13, [2018] ECHR 973 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631241
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Committee Citations: 13124/08, [2018] ECHR 959 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631227
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 20611/10, [2018] ECHR 947 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631255
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 29826/15, [2018] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631288
Citations: 16761/09 – HEJUD, [2012] ECHR 2079 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Human Rights Updated: 12 November 2022; Ref: scu.468745
Citations: 39804/04 – HEJUD, [2012] ECHR 2085 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.468739
Citations: 19634/07 – HEJUD, [2012] ECHR 2081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.468743
Citations: 74352/11 – HEJUD, [2012] ECHR 2078 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.468738
Citations: 2944/06 – HEJUD, [2012] ECHR 2075 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.468737
ECHR Article 8 Expulsion Expulsion of long-term resident following series of criminal convictions: no violation Facts – The applicant was born in Estonia in 1978 and lived there on the basis of a temporary residence permit practically all his life until his expulsion in 2011. He did not appear to have ever formally requested Estonian … Continue reading Samsonnikov v Estonia (Summary): ECHR 3 Jul 2012
ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012
ECHR Article 8-1 Respect for private life Forced administration of therapeutic drugs in mental institution: violation Article 5 Article 5-1-e Persons of unsound mind Forced confinement in a mental institution: violationFacts – The applicant, a paediatrician, was arrested in October 2004 in connection with criminal proceedings that had been brought against her after she allegedly … Continue reading X v Finland: ECHR 3 Jul 2012
Article 11-1 Freedom of association Strong ministerial criticism of calls by police union for Government’s resignation: no violation Facts – The first applicant was a trade union representing police officers. The second, third and fourth applicants were respectively its former president and vice-president and one of its members. In October 2005 the union organised a … Continue reading Trade Union of the Police in the Slovak Republic and Others v Slovakia: ECHR 25 Sep 2012
The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012
ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a certain HP was acquitted in criminal proceedings of the attempted rape of an asylum-seeker. The applicant company published an article which was highly critical of those proceedings, in particular on account of the … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012
Citations: 40628/10 – HEJUD, [2012] ECHR 2059 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.467011
ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012
ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984
Citations: 839/02, [2008] ECHR 72 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.264355
ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – In 2008 a military prosecutor filed an indictment against the applicant, who at the time was serving in the Turkish Navy, for wilfully disobeying a superior. A military criminal court composed of … Continue reading Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012
Citations: 34386/04 – HEJUD, [2012] ECHR 2005 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.467027
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
Article 8-1 Respect for private life Refusal by the German courts to examine the merits of an application by a man whose wife had just committed suicide in Switzerland after having attempted unsuccessfully to obtain authorisation to purchase a lethal substance in Germany: violation Facts – In 2004 the applicant’s wife, who was suffering from … Continue reading Koch v Germany: ECHR 19 Jul 2012
