Search Results for: European Convention on Human Rights 815

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Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

The Republic of Ireland v The United Kingdom: ECHR 18 Jan 1978

The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities exercised a series of ‘extrajudicial’ powers of arrest, detention and internment in Northern Ireland. The case … Continue reading The Republic of Ireland v The United Kingdom: ECHR 18 Jan 1978

Deme v Romania: ECHR 11 Oct 2022

ECHR Judgment : No Article 2 – Right to life : Fourth Section Citations: 7624/18, [2022] ECHR 815 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681666

Romanenko And Smirnov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 81595/17, [2022] ECHR 853 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681736

Scordino v Italy (No. 2): ECHR 15 Jul 2004

Citations: 36815/97, [2004] ECHR 356 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion … Continue reading Scordino v Italy (No. 2): ECHR 15 Jul 2004

Ete v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Citations: 28154/20, [2022] ECHR 658 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681013

Foschini v Italie: ECHR 22 Jun 2000

Citations: 43058/98, [2000] ECHR 273, [2000] ECHR 274 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 September 2022; Ref: scu.211815

Lait v Evening Standard Ltd: CA 28 Jul 2011

The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011

Moisei v Moldova: ECHR 19 Dec 2006

Citations: 14914/03, [2006] ECHR 1116, [2006] ECHR 1124 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 September 2022; Ref: scu.248154

Nistas Gmbh v Moldova: ECHR 12 Dec 2006

Citations: 30303/03, [2006] ECHR 1065, [2007] ECHR 343 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 September 2022; Ref: scu.248157

Saman v Turkey: ECHR 5 Apr 2011

The applicant, accused of being a member of an illegal organisation and faced a heavy penalty, had an insufficient knowledge of Turkish and was without the help of an interpreter. Held: She could not reasonably have appreciated the consequences of accepting to be questioned without the assistance of a lawyer in a criminal case concerning … Continue reading Saman v Turkey: ECHR 5 Apr 2011

Oferta Plus Srl v Moldova: ECHR 19 Dec 2006

Citations: 14385/04, [2006] ECHR 1125, [2006] ECHR 1149, [2008] ECHR 145 Links: Bailii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 August 2022; Ref: scu.248159

Mironov v Ukraine: ECHR 14 Dec 2006

Citations: 19916/04, [2006] ECHR 1084 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 August 2022; Ref: scu.248153

Martynov v Ukraine: ECHR 14 Dec 2006

Citations: 36202/03, [2006] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 August 2022; Ref: scu.248152

Derda v Poland: ECHR 1 Jun 2010

Citations: 58154/08, [2010] ECHR 763 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 August 2022; Ref: scu.416331

Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of whether the statutory provision infringed the right to a fair trial was for each particular case which came … Continue reading Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Lingens v Austria: ECHR 8 Jul 1986

Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as … Continue reading Lingens v Austria: ECHR 8 Jul 1986

Geglis v Lithuania: ECHR 18 Dec 2018

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee ECHR Judgment : Pecuniary damage – award : Second Section Committee Citations: 52815/15, [2018] ECHR 1025, [2019] ECHR 821 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 May 2022; Ref: … Continue reading Geglis v Lithuania: ECHR 18 Dec 2018

Cable et Al v United Kingdom: ECHR 18 Feb 1999

The English Courts martial system did not give a fair trial because the role of the convening officer meant that the tribunal was not sufficiently independent or impartial since the officer might outrank the court and could dissolve the proceedings. ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim … Continue reading Cable et Al v United Kingdom: ECHR 18 Feb 1999

Dmd v Romania: ECHR 3 Oct 2017

ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Inhuman treatment Procedural aspect Viola… Citations: 23022/13, [2017] ECHR 815 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607933

Rooman v Belgium: ECHR 18 Jul 2017

ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect No violation of Articl… ECHR Judgment : Article 3 – Prohibition of torture : Grand Chamber Citations: 18052/11, [2017] ECHR 688, [2019] ECHR 105 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Rooman v Belgium: ECHR 18 Jul 2017

Elgafaji and Elgafaji v Staatssecretaris van Justitie: ECJ 17 Feb 2009

Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real risk of suffering serious harm – Article 15(c) -Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations … Continue reading Elgafaji and Elgafaji v Staatssecretaris van Justitie: ECJ 17 Feb 2009

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him in an intolerable situation. Held: To enforce the order would be an unjustifiable interference … Continue reading Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

Armstrong v The United Kingdom: ECHR 9 Dec 2014

ECHR Criminal proceedings Article 6-1 Impartial tribunal Police officers’ participation on jury in case where police evidence was undisputed: no violation Facts – The applicant was convicted of murder by a jury which contained one retired police officer and one serving police officer. Both officers had informed the court of their status. The retired officer … Continue reading Armstrong v The United Kingdom: ECHR 9 Dec 2014

Ataykaya v Turkey: ECHR 22 Jul 2014

ECHR Article 2-2 Use of force Fatal injuries caused by tear gas canister fired by member of security forces wearing a balaclava: violation Article 2-1 Effective investigation Use of balaclava preventing identification of member of security forces responsible for fatal injuries: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent … Continue reading Ataykaya v Turkey: ECHR 22 Jul 2014