Search Results for: European Convention on Human Rights 34

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Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013

Claes v Belgium: ECHR 10 Jan 2013

ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013

Agnelet v France: ECHR 10 Jan 2013

Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013

Ashby Donald And Others v France: ECHR 10 Jan 2013

ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013

Valiuliene v Lithuania: ECHR 26 Mar 2013

Citations: 33234/07 – HEJUD, [2013] ECHR 240 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Valiuliene v Lithuania (LS) ECHR 26-Mar-2013 ECHR Article 3Degrading treatmentInhuman treatmentEffective investigationInvestigative and procedural flaws resulting in prosecution of domestic-violence case becoming time-barred: . . Lists of cited by and citing cases may … Continue reading Valiuliene v Lithuania: ECHR 26 Mar 2013

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 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

Muhammad v Spain: ECHR 18 Oct 2022

ECHR Judgment : Preliminary objection dismissed : Third Section Citations: 34085/17, [2022] ECHR 901 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681863

Bayatyan v Armenia: ECHR 10 May 2010

Referral to Grand Chamber Judges: Josep Casadevall, P Citations: 23459/03, [2010] ECHR 1998 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Bayatyan v Armenia ECHR 27-Oct-2009 The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He … Continue reading Bayatyan v Armenia: ECHR 10 May 2010

Bayatyan v Armenia: ECHR 7 Jul 2011

(Grand Chamber) The applicant was a practising Jehovah’s Witness and a conscientious objector. He said that his conviction for refusing to serve in the army had violated his right to freedom of thought, conscience and religion. That complaint had been rejected. Held: (Gyulumyan dissenting) There had been a violation of the applicant’s article 9 rights. … Continue reading Bayatyan v Armenia: ECHR 7 Jul 2011

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

X v Finland: ECHR 3 Jul 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

V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 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

Al Nashiri v Poland: ECHR 10 Jul 2012

ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012

De Lege v The Netherlands: ECHR 4 Oct 2022

ECHR Judgment : Preliminary objection dismissed : Fourth Section Citations: 58342/15, [2022] ECHR 768 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681665

Bezrukov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 76344/12, [2022] ECHR 824 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681643

Ali v The United Kingdom: ECHR 7 Nov 2012

The applicant had sought and been accepted for emergency housing assistance, but having refused the accomodation offered, and the Authority said that it had fulfilled its duty to her. Citations: 40378/10 – HECOM, [2012] ECHR 1969 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Tsfayo v The United Kingdom ECHR 14-Nov-2006 The … Continue reading Ali v The United Kingdom: ECHR 7 Nov 2012

Gorbunenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 23534/20, [2022] ECHR 782 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681672

Gabidullin And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 34253/18, [2022] ECHR 863 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681668

Parkhomenko And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 13422/21, [2022] ECHR 797 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681719

Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

Citations: 2899/66, [1972] ECHR 1, 2832/66, 2835/66 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – In re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970 The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the … Continue reading Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

Grainger and Others v The United Kingdom: ECHR 10 Jul 2012

Citations: 34940/10 – HEDEC, [2012] ECHR 1675 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015 The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported … Continue reading Grainger and Others v The United Kingdom: ECHR 10 Jul 2012

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Regina v Gemmell: CACD 17 Jul 2002

Dyson LJ said: ‘The position is quite clear. So far as Article 6 is concerned, the fairness of the provisions of the substantive law of the Contracting States is not a matter for investigation. The content and interpretation of domestic substantive law is not engaged by Article 6.’ Judges: Dyson LJ Citations: [2002] EWCA Crim … Continue reading Regina v Gemmell: CACD 17 Jul 2002

CN (Burundi) v Secretary of State for the Home Department: CA 19 Jun 2007

Increased risk of claimant committing suicide if returned home. Citations: [2007] EWCA Civ 587 Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Cited by: Cited – McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009 Assurances for Extradition Extradition of the defendant was sought … Continue reading CN (Burundi) v Secretary of State for the Home Department: CA 19 Jun 2007

Yudin And Others v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 34963/12, [2022] ECHR 756 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681763

Zakharov And Others v Russia 47538/16: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764

Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8 Citations: 66997/13, [2017] ECHR 334 Links: Bailii Statutes: European Convention on Human … Continue reading Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Ramazanov v Ukraine 31757/20: ECHR 6 Oct 2022

ECHR Judgment : Fifth Section Committee Citations: 31757/20, [2022] ECHR 784 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681734

Gordanovy v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 7434/18, [2022] ECHR 766 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681673

Nagla v Latvia: ECHR 3 Jul 2012

Citations: 73469/10 (Communicated Case), [2012] ECHR 1280 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Nagla v Latvia (LS) ECHR 16-Jul-2013 ECHR Article 10-1 Freedom to impart information Freedom to receive information Urgent search at journalist’s home involving the seizure of data storage devices containing her sources of … Continue reading Nagla v Latvia: ECHR 3 Jul 2012

Veniosov v Ukraine: ECHR 15 Dec 2011

Citations: 30634/05, [2011] ECHR 2130 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013 The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued … Continue reading Veniosov v Ukraine: ECHR 15 Dec 2011

Mastryukov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 8346/17, [2022] ECHR 838 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681704

Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

Selahattin Demirtas v Turkey: ECHR 23 Jun 2015

ECHR Article 2 Positive obligations Alleged failure of authorities to prosecute a journalist in respect of a newspaper article that was alleged to have put applicant’s life at risk: no violation Facts – At the material time the applicant was a member of the DTP, a former pro-Kurdish political party, and a member of Parliament. … Continue reading Selahattin Demirtas v Turkey: ECHR 23 Jun 2015