Search Results for: European Convention on Human Rights 3 6

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Brough v The United Kingdom: ECHR 16 Jan 2013

The claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him. Citations: 52962/11 – Communicated Case, [2013] ECHR 336 Links: Bailii Statutes: European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading Brough v The United Kingdom: ECHR 16 Jan 2013

Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013

ECHR Article 10-1Freedom of expressionConviction for having spoken non-official language during election campaigns: violationArticle 46Article 46-2Execution of judgmentMeasures of a general characterRespondent State required to reform the system of judicial disciplineFacts – The applicants, candidates in parliamentary and municipal elections, were convicted and sentenced to prison terms and fines for having spoken Kurdish during rallies, … Continue reading Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

Karabet And Others v Ukraine: ECHR 17 Jan 2013

ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 Jan 2013

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

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

Whether expected treatment in a Hungarian prison would be inhuman and degrading. Admission of evidence doubting state re-assurances. Judges: Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens Citations: [2021] UKSC 14 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: European Convention on Human Rights 3, Extradition Act 2003 27 Jurisdiction: England … Continue reading Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

Bucur And Toma v Romania: ECHR 8 Jan 2013

ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 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

AK and L v Croatia: ECHR 8 Jan 2013

ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013

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

Anderson v Revenue and Customs: FTTTx 18 Feb 2013

FTTTx INCOME TAX – Appeal against amendment made by a closure notice – Whether Tribunal has the power to allow an appeal on grounds that the application of the law in the circumstances of the particular case would be manifestly unreasonable and unjust and would not achieve the purposes of the legislation – European Convention … Continue reading Anderson v Revenue and Customs: FTTTx 18 Feb 2013

J1 v Secretary of State for The Home Department: CA 27 Mar 2013

The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 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

Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident. Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that intereference had been supported by clear justification. Judges: Arden, Patten, McCombe LJJ Citations: [2013] EWCA Civ 199 Links: … Continue reading Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

Brovin And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 42504/17, [2022] ECHR 841 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681651

Myshchyshyn v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 41557/13, [2022] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681711

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

X And Others v Austria: ECHR 19 Feb 2013

Grand Chamber – The applicants alleged that they had been discriminated against in comparison with different-sex couples, as second-parent adoption was legally impossible for a same-sex couple. Held: An applicant is entitled to the reimbursement of costs and expenses in so far as it has been shown that these have been actually and necessarily incurred … Continue reading X And Others v Austria: ECHR 19 Feb 2013

Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013

The claimants alleged unfair in their trial after admission in evidence of statements of witnesses who had died before the trial. Citations: 4184/10 – HECOM, [2013] ECHR 146 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At SC – Horncastle and Others, Regina v SC 9-Dec-2009 Each defendant said they had … Continue reading Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

Adamovych v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 2564/21, [2022] ECHR 795 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681628

Bakhayev And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 4806/18, [2022] ECHR 855 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681639

Saloidy And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 4973/18, [2022] ECHR 856 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681737

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013