swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Human Rights - From: 1998 To: 1998
This page lists 152 cases, and was prepared on 28 July 2015.
Bollan -v- United Kingdom 42117/98
1998
ECHR
Human Rights
(Admissibility) The claimant was a prisoner who had been confined to her cell, unlawfully it was said, for some two hours. The evidence was that she was a heroin addict who objected to that restriction on her residual liberty. Held: "It is undisputed in the present case that Angela Bollan was lawfully detained in Corton Vale prison pursuant to a court order remanding her in custody pending sentence for a criminal offence. Nor is it disputed that the prison was an appropriate establishment for that type of detention or that there was anything inappropriate concerning her place of detention within the prison. The principal issue is whether the decision of the prison officers to leave Angela Bollan in her cell until lunchtime - a period of less than two hours - in itself disclosed an unjustified and unlawful deprivation of her liberty within that prison.
The court does not exclude that measures adopted within a prison may disclose interferences with the right to liberty in exceptional circumstances. Generally however, disciplinary steps, imposed formally or informally, which have effects on conditions of detention within a prison, cannot be considered as constituting deprivation of liberty. Such measures must be regarded in normal circumstances as modifications of the conditions of lawful detention and therefore fall outside the scope of Article 5 1 of the Convention (see Application no. 7754/77, dec. 9.5.77, D.R. 11, p 216. In appropriate cases, issues may arise however under articles 3 and 8 of the Convention."
1 Citers
Earl Spencer -v- United Kingdom [1998] 25 EHRR CD 105
1998
ECHR
Human Rights, Intellectual Property
The English law of confidence provided an adequate remedy to restrain the publication of private information about the applicants' marriage and medical condition and photographs taken with a telephoto lens. These developments showed that the basic value protected by the law in such cases was privacy. There was no continuing requirement to show a pre-existing relationship of confidence.
1 Citers
Ibbotson -v- United Kingdom 40146/98; [1999] Crim LR 153; (1998) 27 EHRR CD332; [1998] ECHR 119
1998
ECHR
Criminal Sentencing, Human Rights
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a "penalty" within the meaning of Article 7. The registration requirements applied automatically to an offender in the applicant's position in that case and the judge had no role in the imposition of the Act's requirements. Held: "Overall the Commission considers that, given in particular the way in which the measures imposed by the Act operate completely separately from the ordinary sentencing procedures, and the fact that the measures do not, ultimately, require more than mere registration, it cannot be said that the measures imposed on the applicant amounted to a 'penalty' within the meaning of Article 7 of the Convention."
Sex Offenders Act 1997
1 Citers
[ Bailii ]
Stefan -v- United Kingdom; ECHR 1998 - (1998) 25 EHRR CD130, X
X -v- United Kingdom (1998) 28 D&R 177
1998
ECHR
Human Rights
The Commission held that a compulsory purchase order affected the applicant's private rights of ownership, that these were "civil rights", and that in challenging the making of the order she was entitled to the protection of article 6(1).
1 Citers
Regina -v- Secretary of State for the Home Department ex parte Gangadeen and Another; Regina -v- Same ex parte Khan Gazette, 08 January 1998
8 Jan 1998
CA
Human Rights
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported though child had residence right.
X -v- United Kingdom 28530/95; [1998] ECHR 117; (1998) 25 EHRR CD88; 25 EHRR CD88
19 Jan 1998
ECHR
Human Rights, Company, Insurance
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair.
European Convention on Human Rights
1 Citers
[ Bailii ]
The United Communist Party of Turkey And Others -v- Turkey; ECHR 30-Jan-1998 - [1998] ECHR 1; 19392/92; [1998] 26 EHRR 121; [1998] HRCD 247; 4 BHRC 1
Regina -v- Secretary of State for Trade and Industry Ex Parte Mccormick Gazette, 01 April 1998; Times, 10 February 1998; Gazette, 11 March 1998
10 Feb 1998
CA
Company, Human Rights
Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State.
Company Directors Disqualification Act 1985
1 Cites
1 Citers
Kaya -v- Turkey [1998] ECHR 10; 22729/93; (1998) 28 EHRR 1
19 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 2, not established that applicant
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Paulsen-Madalen and Svensson -v- Sweden 16817/90; [1998] ECHR 11
19 Feb 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Dalia -v- France [1998] ECHR 5; 26102/95; [1998] ECHR 5
19 Feb 1998
ECHR
Human Rights
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 8; No violation of Art. 3
[ Bailii ] - [ ECHR ] - [ Bailii ]
Paulsen-Medalen And Svensson -v- Sweden 16817/90; [1998] ECHR 11
19 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (first applicant); No violation of Art. 6-1 (second applicant); Not necessary to examine Art. 8; Not necessary to examine Art. 13; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ]
Huber -v- France [1998] ECHR 9; 26637/95; [1998] ECHR 9
19 Feb 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Bowman -v- The United Kingdom Times, 23 February 1998; 24839/94; (1998) 26 EHRR 1; [1998] ECHR 4
19 Feb 1998
ECHR
Elections, Human Rights
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs Bowman's communication of her views.
The Court emphasised the special importance of article 10 rights in elections: "Free elections and freedom of expression, particularly freedom of political debate, together form the bedrock of any democratic system . . The two rights are inter-related and operate to reinforce each other: for example, as the Court has observed in the past, freedom of expression is one of the "conditions" necessary to "ensure the free expression of the opinion of the people in the choice of the legislature . . For this reason, it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely."
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 10; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights 10 - Representation of the People Act 1953
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Guerra and Others -v- Italy; ECHR 19-Feb-1998 - Gazette, 20 May 1998; 14967/89; (1998) 26 EHRR 357; [1998] ECHR 7
Allan Jacobsson -v- Sweden (No 2) 16970/90; [1998] ECHR 2
19 Feb 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Edificaciones March Gallego S A -v- Spain [1998] ECHR 6; 28028/95
19 Feb 1998
ECHR
Human Rights
The right of access to the courts is not an absolute one,and may be properly subject to limitations.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Higgins And Others -v- France [1998] ECHR 8; 20124/92
19 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (out of time); Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings; Violation of Art. 26; Violation of Art. 41
[ Bailii ] - [ ECHR ] - [ Bailii ]
Bahaddar -v- The Netherlands 25894/94; (1998) 26 EHRR 278; [1998] ECHR 3; [1998] ECHR 3
19 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Preliminary objections) Preliminary objection allowed (non-exhaustion)
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Larissis And Others -v- Greece 23372/94;26377/94;26378/94; [1998] ECHR 13
24 Feb 1998
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 7; No violation of Art. 9; Violation of Art. 9; No violation of Art. 14+9; Not necessary to examine Art. 10; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings.
[ ECHR ] - [ Bailii ]
Larissis And Others -v- Greece 23372/94 ; 26377/94 ; 263
24 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 7; No violation of Art. 9; Violation of Art. 9; No violation of Art. 14+9; Not necessary to examine Art. 10; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 23372/94; 26377/94; 26378/94
Botta -v- Italy 21439/93; [1998] ECHR 12; [1996] ECHR 83
24 Feb 1998
ECHR
Human Rights
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: "Private life . . includes a person's physical and psychological integrity; the guarantee afforded by Article 8 of the Convention is primarily intended to ensure the development, without outside interference, of the personality of each individual in his relations with other human beings." In this case article 8 was not applicable: "The right asserted . . to gain access to the beach and the sea at a place distant from his normal place of residence during his holidays, concerns interpersonal relations of such broad and indeterminate scope that there can be no conceivable direct link between the measures the State was urged to take in order to make good the omissions of the private bathing establishments and the applicant's private life." Positive obligations to comply with article 8 may arise where there is a "direct and immediate link between the measures sought by an applicant and the latter's private and/or family life. Recognised instances include circumstances where the criminal law is required to offer protection for family life against particular dangers."
European Convention on Human Rights 8
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Larissis And Others -v- Greece 23372/94; [1998] ECHR 13
24 Feb 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Pafitis And Others -v- Greece [1998] ECHR 14; 20323/92
26 Feb 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Clooth -v- Belgium (Article 50) 12718/87
5 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Costs and expenses award - domestic proceedings
Marte And Achberger -v- Austria [1998] ECHR 16; 22541/93; [1998] ECHR 16
5 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina -v- Chief Constable for North Wales Police Area and others ex parte AB and CB; CA 18-Mar-1998 - Times, 23 March 1998; Gazette, 29 April 1998; [1998] EWCA Civ 486; [1999] QB 396; [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57
Kopp -v- Switzerland 23224/94; [1998] 27 EHHR 93; [1998] ECHR 18
25 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Not necessary to examine Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings
A lawyer's home telephone was tapped in an investigation of whether his wife was disclosing confidential information from the Department of Justice where she worked (she was subsequently acquitted). Held: His claim was refused. Although the monitoring of his telephone lines had seriously perturbed his relations with his family and the members of his firm, it had not had a serious impact. They described the breach of Article 8 as meaning simply that the applicant "did not enjoy the minimum degree of protection required by the rule of law in a democratic society" and without giving more reasoning stated the "the finding of a violation of Article 8 constitutes sufficient compensation".
European Convention on Human Rights 8
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Belziuk -v- Poland [1998] ECHR 17; 23103/93; [1998] ECHR 17
25 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (incompetence ratione temporis, non-exhaustion); Violation of Art. 6; Non-pecuniary damage - claim rejected; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
Petrovic -v- Austria 20458/92; [2001] 33 EHRR 14; (2001) 33 EHRR 307; [1998] ECHR 21; (1998) 33 EHHR 307; [1998] ECHR 21
27 Mar 1998
ECHR
Human Rights, Benefits, Discrimination
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities for the upbringing of children, contracting states have extended allowances such as parental leave to fathers. Austrian law had evolved in this way, eligibility for parental leave allowance being extended to fathers in 1990. The Austrian legislature was not to be criticised for having introduced progressive legislation in a gradual manner. For article 14 to be applicable, the facts at issue must 'fall within the ambit' of one or more of the Convention rights. "The Court has said on many occasions that Article 14 comes into play whenever the subject matter of the disadvantage 'constitutes one of the modalities' of the exercise of a right guaranteed or whenever the measures complained of are 'linked' to the exercise of a right guaranteed."
European Convention on Human Rights 14
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
K D B -v- The Netherlands [1998] ECHR 20; 21981/93; [1998] ECHR 20
27 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1; Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
J J -v- The Netherlands [1998] ECHR 19; 21351/93; [1998] ECHR 19
27 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Costs and expenses partial award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Katikaridis And Others -v- Greece (Article 50) 19385/92
31 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement)
Reinhardt And Slimane-KaaD -v- France 23043/93;22921/93
31 Mar 1998
ECHR
Human Rights
ECHR Judgment (Merits and just satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses - claim rejected.
[ ECHR ]
Reinhardt And Slimane-KaÏD -v- France 23043/93 ; 22921/93
31 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses - claim rejected
Reinhardt And Slimane-Kad -v- France 22921/93; [1998] ECHR 23; 23043/93
31 Mar 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Tsomtsos And Others -v- Greece (Article 50) 20680/92
31 Mar 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement)
Reinhardt And Slimane-KaÏD -v- France 23043/93; [1998] ECHR 23
31 Mar 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Akdivar And Others -v- Turkey 21893/93
1 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Claim that an agreement has been reached rejected; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
1 Cites
Regina -v- Secretary of State for Home Department ex parte Ali Dinc; Admn 3-Apr-1998 - [1998] EWHC Admin 403; [1999] 1NLR 256
Veneta Niagolova Lazarova -v- Bulgaria 63813/00; [2007] ECHR 1021; [2008] ECHR 820
8 Apr 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ] - [ Bailii ]
Daud -v- Portugal [1998] ECHR 27; 22600/93; [1998] ECHR 27
21 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; Not necessary to examine Art. 6-1+6-3-e; Non-pecuniary damage - finding of violation sufficient
[ Bailii ] - [ ECHR ] - [ Bailii ]
Estima Jorge -v- Portugal [1998] ECHR 28; 24550/94; [1998] ECHR 28
21 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Richard -v- France [1998] ECHR 30; 33441/96; [1998] ECHR 30
22 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pailot -v- France [1998] ECHR 29; 32217/96; [1998] ECHR 29
22 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Bernard -v- France; ECHR 23-Apr-1998 - [1998] ECHR 31; 22885/93; (1998) 30 EHRR 808
Doustaly -v- France [1998] ECHR 32; 26256/95; [1998] ECHR 32
23 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Fisanotti -v- Italy; ECHR 23-Apr-1998 - [1998] ECHR 33; 32305/96
S R -v- Italy; ECHR 23-Apr-1998 - [1998] ECHR 34; 31648/96
Seluk and Asker -v- Turkey 23184/94; [1998] ECHR 36
24 Apr 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Selauk and Asker -v- Turkey 23184/94;23185/94; [1998] ECHR 36
24 Apr 1998
ECHR
Human Rights
ECHR Judgment (Merits and just satisfaction) - Preliminary objection rejected; Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 5-1; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings.
[ ECHR ] - [ Bailii ]
Selauk and Asker -v- Turkey 23184/94 ; 23185/94
24 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 5-1; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
Mavronichis -v- Cyprus [1998] ECHR 35; 28054/95; [1998] ECHR 35
24 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Henra -v- France 36313/97; [1998] ECHR 37; [1998] ECHR 37
29 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Leterme -v- France [1998] ECHR 38; 36317/97; [1998] ECHR 38
29 Apr 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gautrin And Others -v- France (1998) 28 EHRR 196; 21257/93; [1998] ECHR 39; 21258/93; 21259/93
20 May 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings 21257/93; 21258/93; 21259/93; 21260/93
ECHR Judgment (Merits and just satisfaction) - Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings.
1 Citers
[ Bailii ] - [ ECHR ]
Schopfer -v- Switzerland 25405/94; [1998] ECHR 40; [1998] ECHR 40
20 May 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gautrin And Others -v- France 21259/93; [1998] ECHR 39; 21257/93; 21258/93
20 May 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
William Wilson -v- United Kingdom 36791/97; [1998] ECHR 118; 26 EHRR CD19
21 May 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Vasilescu -v- Romania [1998] ECHR 42; 27053/95
22 May 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 8; Not necessary to examine Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Hozee -v- The Netherlands [1998] ECHR 41; 21961/93
22 May 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
The Socialist Party And Others -v- Turkey [1998] ECHR 45; 21237/93
25 May 1998
ECHR
Human Rights
ECHR Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 6-1; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
Kurt -v- Turkey [1998] ECHR 44; 24276/94; (1998) 27 EHRR 373
25 May 1998
ECHR
Human Rights
The court referred to "the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities" and to the need to interpret narrowly any exception to "a most basic guarantee of individual freedom."
European Convention on Human Rights 5
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gundem -v- Turkey [1998] ECHR 43; 22275/93
25 May 1998
ECHR
Human Rights
ECHR Preliminary objection joined to merits (non-exhaustion); No violation of Art. 3; No violation of Art. 5-1; No violation of Art. 8; No violation of Art. 18; No violation of P1-1; Not necessary to examine Art. 6-1; No violation of Art. 13; Not necessary to examine preliminary objection (non-exhaustion)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Teixeira De Castro -v- Portugal; ECHR 9-Jun-1998 - 25829/94; [1998] 28 EHRR 101; [1998] ECHR 52
Bronda -v- Italy; ECHR 9-Jun-1998 - [1998] ECHR 46; 22430/93; (1998) 33 EHRR 81
Tekin -v- Turkey [1998] ECHR 53; 22496/93; [1998] ECHR 53
9 Jun 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2; Violation of Art. 3; Not necessary to examine Art. 5-1; Not necessary to examine Art. 6-1; No violation of Art. 10; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Incal -v- Turkey [1998] ECHR 48; 22678/93
9 Jun 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Violation of Art. 6-1 (independent and impartial tribunal); Not necessary to examine Art. 6-1; Not necessary to examine Art. 14+6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
LCB -v- The United Kingdom; ECHR 9-Jun-1998 - Times, 15 June 1998; 14/1997/798/1001; (1998) 27 EHRR 212; 23413/94; [1998] ECHR 49; [1998] ECHR 49; [1995] ECHR 101
Cazenave De La Roche -v- France 25549/94; [1998] ECHR 47
9 Jun 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings.
[ Bailii ] - [ ECHR ] - [ Bailii ]
LCB -v- United Kingdom; ECHR 9-Jun-1998 - [1998] ECHR 108; (1998) 27 EHRR 212; [1998] HRCD 628; 4 BHRC 447
Maillard -v- France [1998] ECHR 50; 26586/95
9 Jun 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Twalib -v- Greece [1998] ECHR 54; 24294/94; (1998) 33 EHRR 584; [1998] ECHR 54
9 Jun 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1+6-3-b; Violation of Art. 6-1+6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
If a specific feature is found to be a necessary condition of the fairness of a proceeding and national law precludes fulfilment of that condition, a finding of violation will follow and the inference must be drawn that the national law which precludes fulfilment of the condition is incompatible with article 6.
European Convention on Huma Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Mcginley And Egan -v- The United Kingdom 23414/94; 21825/93
9 Jun 1998
ECHR
Human Rights
ECHR Judgment (Merits) - Preliminary objection allowed (non-exhaustion); No violation of Art. 6-1; No violation of Art. 8; Not necessary to examine Art. 13.
1 Citers
[ ECHR ]
Mcginley and Egan -v- United Kingdom Times, 15 June 1998; [1998] ECHR 51; 23414/94; 21825/93
9 Jun 1998
ECHR
Human Rights
Failure to disclose medical records of damages applicants and military records did not amount to a denial of access to justice nor breach of right of privacy.
Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 6-1; Not necessary to examine preliminary objection (non-exhaustion) (Art. 6-1); No violation of Art. 8; Not necessary to examine preliminary objection (non-exhaustion) (Art. 8); Not necessary to examine Art. 13
European Convention on Human Rights 6, 8
1 Citers
[ Bailii ]
Bruno Taddei -v- France 36118/97; [1998] ECHR 110
29 Jun 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Association Des Amis De Saint RAPHAEL ET DE FREJUS and others v FRANCE - 38192/97; [1998] ECHR 111
1 Jul 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Khatun -v- United Kingdom; ECHR 1-Jul-1998 - (1998) 26 EHRR CD 212
Giuseppe Durante -v- Italy 39693/98; [1998] ECHR 112
2 Jul 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Tinnelly and Sons Ltd and Others and McElduff and Others -v- United Kingdom Times, 16 July 1998; 21322/93; 20390/92; [1998] ECHR 56; (1998) 27 EHRR 249
10 Jul 1998
ECHR
Human Rights
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved. "this [Article 6] right is not absolute, but may be subject to limitations; these are permitted by implication since the right of access by its very nature calls for the regulation by the State. In this respect, the Contracting States enjoy a certain margin of appreciation, although the final decision as to the observance of the Convention's requirements rests with the Court. It must be satisfied that the limitations applied do not restrict or reduce the access left to the individual in such a way or to such an extent that the very essence of the right is impaired. Furthermore, a limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved." but "The right guaranteed to an applicant under Article 6(1)..to submit a dispute to a court or tribunal in order to have a determination on questions of both fact and law cannot be displaced by the ipse dixit of the executive." The appointment of a special advocate in a discrimination case raising security issues might "safeguard national security concerns about the nature and sources of intelligence information and yet accord the individual a substantial degree of procedural justice".
European Convention on Human Rights 6
1 Citers
[ Bailii ]
Tinnelly and Sons Ltd And Others And McElduff And Others -v- The United Kingdom 20390/92;21322/93; [1998] ECHR 56
10 Jul 1998
ECHR
Human Rights
ECHR Judgment (Merits and just satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 14+6-1; Not necessary to examine Art. 8; Not necessary to examine Art. 13+8; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings.
[ ECHR ] - [ Bailii ]
Sidiropoulos And Others -v- Greece [1998] ECHR 55; 26695/95; [1998] ECHR 55
10 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (abuse of process); Violation of Art. 11; Not necessary to examine Art. 6-1; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Rowlands -v- Al-Fayed and Others Times, 20 July 1998
20 Jul 1998
ChD
Human Rights
Civil procedure requirements for the exchange of witness statements would not create an unfair prejudice where related matters were being investigated by the Crown Prosecution statements.
In Re Swaptronics Ltd; ChD 24-Jul-1998 - Times, 17 August 1998; Gazette, 23 September 1998; [1998] All ER (D) 407
Mentes And Others -v- Turkey (Article 50) 23186/94
24 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award
Regina -v- Thomas, Regina -v- Flannagan Times, 24 July 1998
24 Jul 1998
CACD
Human Rights
Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention
Criminal Justice Act 1988 23 24 825 26
GÜLeÇ -v- Turkey [1998] ECHR 58; 21593/93; [1998] ECHR 58
27 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 2; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Loizidou -v- Turkey (Article 50) [1998] ECHR 60; 15318/89
28 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Costs and expenses - claim rejected (State)
1 Cites
1 Citers
[ Bailii ] - [ ECHR ]
Ergi -v- Turkey 23818/94; [1998] ECHR 59; (1998) 32 EHRR 388
28 Jul 1998
ECHR
Human Rights
A village girl was shot dead when she went out onto the veranda of her home after security forces had been engaged in an ambush of PKK members close to the village where she lived. Nobody asked her family about the circumstances of the shooting, and the local gendarmes conducted no interviews with villagers or with the members of a commando unit which had also been involved in the incident. There had been no communication with the family since the date of the autopsy. There was a dispute as to whether the shot could have been fired by the security forces. Held. The court had to consider whether the security forces' operation had been planned and conducted in such a way as to avoid or minimise to the greatest extent possible any risk to the lives of the villagers from the firepower of PKK members caught in the ambush. It could reasonably be inferred that insufficient precautions had been taken to protect the lives of the civilian population. Neither the prevalence of violent armed clashes nor the high incidence of fatalities could displace the obligation under Article 2 to ensure that an effective, independent investigation was conducted into deaths arising out of clashes involving the security forces, the more so where the circumstances were in many respects unclear.
European Convention on Human Rights 2
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Loizidou -v- Turkey [1998] ECHR 60; [1996] ECHR 70; 15318/89; (1996) 23 EHRR 513; (1997) 23 EHRR 513; (1998) 26 EHRR CD 5; [1998] HRCD 732
28 Jul 1998
ECHR
R Bernhardt
Human Rights
Grand Chamber - Turkey - claims for just satisfaction in respect of Court's finding, in principal judgment, of violation of Article 1 of Protocol No.1 to the Convention
I. Entitlement to just satisfaction
Court's finding in principal judgment that denial of access to property in northern Cyprus was imputable to Turkey is res judicata - applicant entitled to compensation.
Conclusion: respondent State's claim dimissed (fifteen votes to two).
II. Pecuniary damage
Given uncertainties inherent in assessing economic loss caused by denial of access, sum awarded on equitable basis.
Conclusion: respondent State to pay applicant specified sum (fourteen votes to three).
III. Non-pecuniary damage
Award made in respect of anguish, helplessness and frustration suffered by applicant.
Conclusion: respondent State to pay applicant specified sum (fifteen votes to two).
IV. Applicant's costs and expenses
Awarded in full.
Conclusion: respondent State to pay applicant specified sum (thirteen votes to four).
V. Cypriot Government's costs and expenses
In principle not appropriate that States which act in interests of Convention community be reimbursed costs and expenses.
Conclusion: Cypriot Government's claims dismissed (unanimously).
1 Cites
[ Bailii ] - [ Bailii ]
Le Calvez -v- France [1998] ECHR 62; 25554/94; [1998] ECHR 62
29 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings.
[ Bailii ] - [ ECHR ] - [ Bailii ]
GuÉRin -v- France [1998] ECHR 61; 25201/94; [1998] ECHR 61
29 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Omar -v- France [1998] ECHR 63; 24767/94; [1998] ECHR 63
29 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Clube De Futebol UniÃO De Coimbra -v- Portugal [1998] ECHR 66; 27295/95; [1998] ECHR 66
30 Jul 1998
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Aerts -v- Belgium 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; [1998] ECHR 64
30 Jul 1998
ECHR
Human Rights, Health, Prisons
A person detained as a person of unsound mind should not be kept in a prison, but if the institution concerned is within the appropriate category, there is no breach of Article 5. While measures depriving a person of his liberty often involve an element of suffering or humiliation, it cannot be said that detention in a high security prison facility, be it on remand or following a criminal conviction, in itself raises an issue under Article 3 of the Convention. The Courts task is limited to examining the personal situation of the applicant who has been affected by the regime concerned (Article 3).
European Convention on Human Rights 3 5-1 5-4 6-1
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Oliveira -v- Switzerland 25711/94; [1998] ECHR 68; [1998] ECHR 68
30 Jul 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Sheffield And Horsham -v- United Kingdom 23390/94; [1998] ECHR 69; 22985/93
30 Jul 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Avis Enterprises -v- Greece [1998] ECHR 65; 30175/96; [1998] ECHR 65
30 Jul 1998
ECHR
Human Rights
Hudoc Lack of jurisdiction (out of time)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Sheffield and Horsham -v- The United Kingdom Times, 04 September 1998; 22985/93; 23390/94; (1998) 27 EHRR 163; 22985/93; [1998] ECHR 69; 23390/94
30 Jul 1998
ECHR
Human Rights, Family, Administrative
It is within a nation's margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom's apparent failure to take any steps to keep this area of the law under review. There is, the court said, an increased social acceptance of trans-sexualism and an increased recognition of the problems which post-operative transsexual people encounter. The court reiterated that this area 'needs to be kept under review by Contracting States'
Hudoc No violation of Art. 8; No violation of Art. 12; No violation of Art. 14+8; Not necessary to examine Art. 13
European Convention on Human Rights Art 8, 12
1 Cites
1 Citers
[ Bailii ] - [ ECHR ]
Valenzuela Contreras -v- Spain [1998] ECHR 70; 27671/95; (1998) 28 EHRR 483; [1998] ECHR 70
30 Jul 1998
ECHR
Human Rights
Complaint was made as to the monitoring of a telephone line. The court spelt out the sort of safeguards required in domestic law.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Ali -v- Switzerland 24881/94; [1998] ECHR 71; [1998] ECHR 71
5 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (disappearance of applicant)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Lambert -v- France 23618/94; [1998] ECHR 75; [1998] ECHR 75
24 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine Art. 13; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Costs and expenses award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Couez -v- France [1998] ECHR 74; 24271/94; [1998] ECHR 74
24 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award.
[ Bailii ] - [ ECHR ] - [ Bailii ]
Soumare -v- France [1998] ECHR 76; 23824/94; [1998] ECHR 76
24 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Violation of Art. 5-4; Damage - finding of violation sufficient; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
Contrada -v- Italy; ECHR 24-Aug-1998 - 27143/95; [1997] ECHR 184
Benkessiouer -v- France [1998] ECHR 72; 26106/95; [1998] ECHR 72
24 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
Contrada -v- Italy; ECHR 24-Aug-1998 - [1998] ECHR 73; [1998] HRCD 795; 92/1997/876/1088
Hertel -v- Switzerland 25181/94; [1998] ECHR 77; [1998] 28 EHRR 534; [1998] ECHR 77
25 Aug 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 6-1; Not necessary to examine Art. 8; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
The court summarised the issues in determining whether the interference with the right to freedom of expression was necessary in a democratic society.
[ Bailii ] - [ ECHR ] - [ Bailii ]
Yasa -v- Turkey 22495/93; [1998] 28 EHRR 408; [1998] ECHR 83
2 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); Violation of Art. 13; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights 2(1)
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Kadubec -v- Slovakia [1998] ECHR 81; 27061/95; [1998] ECHR 81
2 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Not necessary to examine Art. 13; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Lauko -v- Slovakia 26138/95; (2001) 33 EHRR 40; [1998] ECHR 82; [1998] ECHR 82
2 Sep 1998
ECHR
Human Rights, Crime
The applicant was fined under the domestic Minor Offences Act for accusing his neighbours, without justification, of causing a nuisance. The government relied on the modesty of the punishment capable of being imposed and the fact that the offence did not give rise to a criminal record as distinguishing it from offences within the criminal law. Held: The general character of the legal provision infringed by the applicant together with the deterrent and punitive purpose of the penalty imposed on him, were sufficient to show that the offence in question was, in terms of Article 6 of the Convention, criminal in nature. The three criteria were not cumulative and that it sufficed that the offence in question should, by its nature, be criminal from the point of view of the Convention, or should have made the person concerned liable to a sanction which, by its nature and degree of severity, belonged in general to the criminal sphere. At the same time a cumulative approach could be adopted where the separate analysis of each criterion did not make it possible to reach a clear conclusion as to the existence of a criminal charge.
European Convention on Human Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Erkalo -v- The Netherlands [1998] ECHR 79; 23807/94; [1998] ECHR 79
2 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; Not necessary to examine Art. 5-4; Not necessary to examine Art. 13+5-4; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Guillemin -v- France (Article 50) 19632/92
2 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
Ahmed And Others -v- The United Kingdom; ECHR 2-Sep-1998 - Times, 02 October 1998; 22954/93; [1998] ECHR 78
B B -v- France 30930/96; [1998] ECHR 84; [1998] ECHR 84
7 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter)
The applicant came from the Congo. He came to France, where he was a failed asylum seeker and a convicted drug smuggler. He was diagnosed suffering from Aids, with Kaposis syndrome. Before the Commission he sought the protection of Article 3 on the footing that deportation to the Congo "would reduce his life expectancy because he would not receive the medical treatment his condition demanded" (paragraph 32 of the Strasbourg courts judgment). The Commission declared the application admissible, and expressed the opinion that there would be a breach of Article 3 were the applicant deported. However by the time the matter reached the court the French government had given an undertaking not to remove the applicant to his country of origin, and so the court struck the case out of the list. In paragraph 39, however, the court indicated that it had explained in D the nature and extent of the Article 3 obligation in a case based on want of medical care in an applicants home State.
European Convention on Human Rights 3
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pierre Doyen -v- France 39109/97; [1998] ECHR 113
9 Sep 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Giuseppe Castelli And Others -v- Italy 35790/97; [1998] ECHR 114
14 Sep 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Portington -v- Greece [1998] ECHR 94; 28523/95; [1998] ECHR 94
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings.
[ Bailii ] - [ ECHR ] - [ Bailii ]
Demir And Others -v- Turkey 21380/93; [1998] ECHR 88; 21380/93 ; 21381/93 ; 213
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected; Violation of Art. 5-3 21380/93; 21381/93; 21383/93
European Convention on Human Rights
[ Bailii ]
Malige -v- France [1998] ECHR 91; 27812/95; [1998] ECHR 91
23 Sep 1998
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Aka -v- Turkey 19639/92; [1998] ECHR 86; [1998] ECHR 86
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
Demir And Others -v- Turkey 21380/93;21381/93;21383/93; [1998] ECHR 88
23 Sep 1998
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion); Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected; Violation of Art. 5-3.
[ ECHR ] - [ Bailii ]
Petra -v- Romania [1998] ECHR 93; 27273/95; [1998] ECHR 93
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 25; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
Aytekin -v- Turkey 22880/93; [1998] ECHR 87; [1998] ECHR 87
23 Sep 1998
ECHR
Human Rights
The applicant was the widow of a man who was unlawfully killed by a soldier. The soldier had been prosecuted for causing the death of the applicant's husband and had been convicted of unintentional homicide. The widow's appeal against the verdict was pending as was the prosecution's appeal against the leniency of the sentence imposed. Held: The applicant had not yet exhausted her domestic remedies and it could not consider the merits of the case on that account: "As to the possibility of instituting compensation proceedings in respect of the death of her husband, the Court recalls that an alleged violation of Article 2 of the Convention cannot be remedied exclusively through an award of damages to the relatives of the victim."
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
McLeod -v- The United Kingdom Times, 01 October 1998; 72/1997/856/1065; 24755/94; [1998] ECHR 92; (1998) 27 EHRR 493; [1998] ECHR 92
23 Sep 1998
ECHR
Human Rights, Police, Torts - Other
A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under Art 8.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine P1-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Steel And Others -v- The United Kingdom Times, 01 October 1998; 24838/94; (1998) 28 EHRR 603; [1998] ECHR 95
23 Sep 1998
ECHR
Human Rights
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates' Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months' imprisonment if the Defendant refuses to consent to a bind over. The procedure is initiated by a complaint and a bind over order does not constitute a criminal conviction. Held: The UK law of Breach of Peace was not so vague as to constitute breach of human rights. It was a breach only where there had been no likelihood at all of violence from any act and nobody else impeded by otherwise peaceful act of progress. "The proceedings brought against the first applicant for breaching the peace also display these characteristics: their deterrent nature is apparent from the way in which a person can be arrested for breach of the peace and subsequently bound over 'to keep the peace or be of good behaviour', in which case no penalty will be enforce, and the punitive element derives from the fact that if a person does not agree to be bound over, he will be imprisoned for a period of up to 6 months. . . In these circumstances, the Commission considers the charge of breach of the peace to be a criminal offence and binding over proceedings to be 'criminal' in nature, for the purposes of Article 6 of the Convention." and ""Breach of the peace is not classed as a criminal offence under English law. However, the Court observes that the duty to keep the peace is in the nature of a public duty; the police have powers to arrest any person who has breached the peace or whom they reasonably fear will breach the peace; and the magistrates may commit to prison any person who refuses to be bound over not to breach the peace where there is evidence beyond reasonable doubt that his or her conduct caused or was likely to cause a breach of the peace and that he or she would otherwise cause a breach of the peace in the future. . . . Bearing in mind the nature of the proceedings in question and the penalty at stake, the Court considers that breach of the peace must be regarded as an 'offence' within the meaning of Article 5(1)(c)." "
European Convention on Human Rights - Magistrates Courts Act 1980
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
I A -v- France [1998] ECHR 89; 28213/95; [1998] ECHR 89
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; No violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Lehideux And Isorni -v- France [1998] ECHR 90; 24662/94
23 Sep 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
A -v- United Kingdom; ECHR 1-Oct-1998 - Times, 01 October 1998; (1999) 27 EHRR 611; [1998] ECHR 85; 25599/94; [1998] ECHR 85; [2009] ECHR 1690
Regina -v- Radak; Regina -v- Adjei; Regina -v- Butler-Rees; Regina -v- Meghjee; CACD 7-Oct-1998 - Times, 07 October 1998
Hatami -v- Sweden 32448/96; [1998] ECHR 96; [1998] ECHR 96
9 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
[ Bailii ] - [ Bailii ]
Smallwood -v- United Kingdom 29779/96
21 Oct 1998
ECHR
Pellonpaa, P
Human Rights, Children
(Commission - Admissibility) The difference in treatment between mothers, married and unmarried fathers in the context of the jurisdiction of the court to make an order which removes an unmarried father's parental responsibility is not a violation of article 8 ECHR [the Convention] taken in conjunction with article 14.
European Convention on Human Rights 8 14
1 Citers
[ ECHR ]
Parekh -v- The United Kingdom 25388/02; [2008] ECHR 614
26 Oct 1998
ECHR
Lech Garlicki, P
Human Rights, Benefits, Discrimination
Admissibility - The applicant's wife died on 18 July 2000 leaving one child born in 1982. On 17 April 2001 the applicant applied for widows' benefits. On 1 May 2001 the applicant was informed that his claim had been disallowed. The applicant asked for reconsideration. On 14 February 2002 the matter was reconsidered and the decision remained unchanged.
The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefit was payable to widowers under United Kingdom law.
The applicant was in receipt of child benefit at the time of his claim. He ceased to be eligible for such benefit on 25 December 2001. The applicant has been in receipt of income support since his wife's death which exceeded the rate of Widowed Mother's Allowance. Moreover, the applicant's wife had not paid the required national insurance contributions. Held: Inadmissible
European Convention on Human Rights
[ Bailii ]
Regina -v- Secretary of State for Home Department ex parte Turgut; CA 27-Oct-1998 - [1998] EWCA Civ 1625
AIT-Mouhoub -v- France; ECHR 28-Oct-1998 - 22924/93; [1998] ECHR 97
Gaddafi -v- Telegraph Group Ltd [1998] EWCA Civ 1626; [1998] EWCA Civ 1626
28 Oct 1998
CA
Lord Justice Stuart-Smith Lord Justice Hirst And Lord Justice Tuckey
Defamation, Media, Human Rights
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because of the claimant's involvement in politics? The newspaper claimed that, when claiming privilege, it was proper to hide the identity of the sources of information upon which the claim was based. Held: A claim of qualified privilege required a social duty to publish, that those receiving the information had a proper interest in receiving it, and where the nature, status and source of the material, and the circumstances of the publication such as to justify a privilege. An order requiring disclosure of the sources would severely risk press freedom, and was not justified. Appeal and cross appeal s allowed in part.
Contempt of Court Act 1981 10
1 Cites
[ Bailii ]
Castillo Algar -v- Spain [1998] ECHR 99; 28194/95; [1998] ECHR 99
28 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Soderback -v- Sweden; ECHR 28-Oct-1998 - 24484/94; [1998] ECHR 103; [1999] 1 FLR 250; [1999] Fam LR 104; [1999] Fam Law 87; (2000) 29 EHRR 95; [1998] HRCD 958
Iraklar -v- Turkey [1998] ECHR 100; 19601/92; [1998] ECHR 100
28 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 6-3-d; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient
[ Bailii ] - [ Bailii ]
Perez De Rada Cavanilles -v- Spain 28090/95; [1998] ECHR 102
28 Oct 1998
ECHR
Human Rights
ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared void
In a dispute between the applicant and a neighbour concerning the latter's view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit laid down in the settlement passed without the neighbour carrying out his undertaking and Mrs. Perez de Rada Cavanilles applied for enforcement of the agreement. The deputy judge of the Court of First Instance dismissed her application and held that the agreement was void. The applicant complained that the Spanish courts' strict application of the rules of procedure had prevented her from availing herself of the existing remedies and had consequently deprived her of the possibility of defending her legitimate interests in the courts, contrary to Article 6(1). It was apparent from the Court's case-law that the 'right to a court', of which the right of access was one aspect, is not absolute; it is subject to limitations permitted by implication, in particular where the conditions of admissibility of an appeal were concerned, since by its very nature it called for regulation by the State, which enjoyed a certain margin of appreciation in that regard. However, those limitations did not have to restrict or reduce a person's access in such a way or to such an extent that the very essence of the right was impaired; lastly, such limitations would not be compatible with Article 6(1) if they did not pursue a legitimate aim or if there was not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved. The rules on time-limits for appeals were undoubtedly designed to ensure the proper administration of justice and compliance with, in particular, the principle of legal certainty. Those concerned had to expect those rules to be applied. In the instant case the application to set aside, although it had been posted within the three days laid down by law, was received at the registry of the Court of First Instance two days after that period had expired. In view of the usual time taken to deliver mail, however, it seemed unlikely that a letter could have reached its destination more quickly.
The Court noted that the applicant had attempted to avail herself by analogy of the legislation applicable in administrative matters, which allowed any document or communication intended for an administrative authority to be lodged by post. In the light of the foregoing, the applicant could not be accused of having acted negligently, in view of the short period of time available to her for submitting her application, for which sufficient grounds had to be given. Under the relevant domestic legislation, the decision in issue could not have been regarded as foreseeable in the context of proceedings to enforce an agreement. The applicant had in the alternative, moreover, tried unsuccessfully to lodge the application, within the time-limit, with the registry of the Madrid duty court. However, the applicant's husband, who had also been her legal representative, had explicitly and successfully asked the registry of the Court of First Instance for the decision in issue to be served at the applicant's home in Madrid as she had not been at her home at Lumbier at the time. The Court considered that to require the applicant to travel to another place in order to lodge her application within the prescribed time, when the decision in question had been served on her in Madrid, would in the instant case have been unreasonable. In view of the fact that the applicant had demonstrated her clear intention of lodging an application to set aside against the decision whereby the Court of First Instance had declared the agreement concluded with her neighbour to be void, and that the dismissal of that application as being out of time had prevented her from appealing, the Court considered that in the instant case the particularly strict application of a procedural rule by the domestic courts had deprived the applicant of the right of access to a court. There had therefore been a violation of Article 6(1).
Euripean Convention on Human Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Osman -v- The United Kingdom; ECHR 28-Oct-1998 - Times, 05 November 1998; 23452/94; 87/1997/871/1083; [1999] 1 FLR 193; [1998] ECHR 101; 5 BHRC 293; (2000) 29 EHRR 245; [1999] Fam Law 86; [1998] HRCD 966; [1999] Crim LR 82; (1999) 163 JPN 297; (1999) 11 Admin LR 200
Assenov and Others -v- Bulgaria 24760/94; (1998) 28 EHRR 652; [1998] ECHR 98
28 Oct 1998
ECHR
Human Rights, Police
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: "The court considers that in these circumstances, where an individual raises an arguable claim that he has been seriously ill treated by the police or other such agents of the State unlawfully and in breach of Article 3, that provision, read in conjunction with the State's general duty under Article 1 of the Convention to 'secure to everyone within their jurisdiction the rights and freedoms defined in . . [the] Convention', requires by implication that there should be an effective official investigation. This obligation, as with that under Article 2, should be capable of leading to the identification and punishment of those responsible . . If this were not the case the general legal prohibition of torture and inhuman and degrading treatment and punishment, despite its fundamental importance, would be ineffective in practice and it would be possible in some cases for agents of the State to abuse the rights of those within their control with virtual impunity."
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Podbielski -v- Poland [1998] ECHR 105; 27916/95
30 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Worldlii ] - [ Bailii ]
Styranowski -v- Poland [1998] ECHR 106; 28616/95; [1998] ECHR 106
30 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
F E -v- France [1998] ECHR 104; 38212/97; [1998] ECHR 104
30 Oct 1998
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (access to court); Violation of Art. 6-1 (length of proceedings); Non-pecuniary damage - financial award; Pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
In re Mcdonald and In re an Application for a Writ of Habeas Corpus Ad Subjiciendum and In the Matter of Hunt [1998] EWHC Admin 1056
9 Nov 1998
Admn
Human Rights, Criminal Practice
Bail Act 1976 4(1)
[ Bailii ]
McDonald, Regina (on the Application of) -v- Manchester Crown Court; Others [1998] EWHC 319 (Admin)
9 Nov 1998
Admn
Lord Bingham of Cornhill LCJ, Collins J
Criminal Practice, Human Rights
Each defendant challenged decisions to extend the custody time limits.
European Convention of Human Rights 5 - Bail Act 1976 4(1) - Prosecution of Offences (Custody Time Limits) Regulations 1987
[ Bailii ]
Mitchell -v- The United Kingdom 40447/98 - HEDEC; [1998] ECHR 120
24 Nov 1998
ECHR
J-P Costa P
Human Rights
Admissibilty - The claimant complained of the decision to return her husband to Jamaica. He had been admitted for 6 months as a visitor, but had been convicted of drugs offences. Held: The complaint was inadmissible. The parties had married at a time when they knew that the husband's immigration status was in doubt.
European Convention on Human Rights
[ Bailii ]
Salgueiro da Silva Mouta -v- Portugal 33290/96
1 Dec 1998
ECHR
Human Rights
A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his right of access to his daughter to conceal from her his homosexuality. Held: (Commission) His claim was held admissible.
1 Cites
1 Citers
Prosecutor -v- Furundzija Case No. IT - 95- 17/T 10
10 Dec 1998
ICT
International, Human Rights
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State torture imposes obligations owed by States erga omnes, to all other States which have a corresponding right and interest in compliance.
(International Criminal Tribunal for the Former Yugoslavia The Hague) The jus cogens character of the prohibition on torture means that it enjoys a higher rank in the international hierarchy than treaty law and even 'ordinary' customary rules with the consequence that no derogation from the rule by States can be permitted, whether through international treaties or local or special customs or even general customary rules not endowed with the same normative force. The prohibition of torture is an absolute value from which nobody must deviate.
1 Citers
[ ICT ]
Christopher Clunis -v- The United Kingdom 45049/98; [1998] ECHR 116
17 Dec 1998
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]