Russia: Court finds multiple violations of the European Convention in Magnitskiy case
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Judges have found multiple violations of the European Convention in case concerning Russian tax adviser Sergei Magnitskiy. Today’s judgement in the case of Magnitskiy and Others v. Russia (applications nos. 32631/09 and 53799/12) concerned Sergei Magnitskiy, an auditor charged with organised tax evasion, who died in pre-trial detention in November 2009. He was later convicted posthumously. In its Chamber judgment the European Court of Human Rights held, unanimously, that there had been: a violation of the substantive and procedural limbs of Article 2 (right to life) of the European Convention ..read more
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Armenian Constitutional Court requests an advisory opinion on an Article of its Criminal Code
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Human rights judges have been asked by the Constitutional Court of Armenia to provide an advisory opinion on the Article of the country’s Criminal Code which penalises the overthrowing of the Constitutional order. This provision is at issue in two cases currently pending in Armenia. Armenia is the second country to seek such an opinion under Protocol No. 16 to the European Convention on Human Rights. France made the first request in October 2018 and the Court delivered its opinion, on rights related to surrogacy, in April 2019. Protocol No. 16 allows the highest courts and tribunals, as specif ..read more
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Germany: Court ruling in Karl-Theodor zu Guttenberg media intrusion complaint
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Press photos of the family homes of former Germany defence minister Karl-Theodor zu Guttenberg, did not breach European human rights law, judges ruled today. They accepted that the photos did strike fair balance between right to respect for private life and freedom of expression. In its decision in the case of Zu Guttenberg v. Germany (application no. 14047/16) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the publication in the German press of photos of residences in Germany and in the USA belonging to Karl ..read more
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Switzerland: Court rules against paraplegic wheelchair-user’s cinema access complaint
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
A wheelchair user’s inability to access a Geneva cinema did not breach the European convention’s prohibition of discrimination. In its decision in the case of Glaisen v. Switzerland (application no. 40477/13) the European Court of Human Rights has by a majority declared the application inadmissible. The decision is final. The applicant Marc Glaisen, who is paraplegic, uses a wheelchair. His complaint concerned his inability to gain access to a cinema in Geneva. The court was of the view that Article 8 (right to respect for private and family life) could not be construed as requiring access to ..read more
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Court gives notification to Poland of case concerning judicial reform
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Human rights judges have asked Poland to “submit observations” on a complaint to the European court concerning judicial reform. Today, the European Court of Human Rights confirmed that on 9 July 2019 it had informed the Government of Poland of the application Grzęda v. Poland (application no. 43572/18), and requested its observations. The applicant, Jan Grzęda, is a Polish national, who was born in 1956 and lives in Piła (Poland). He is a judge of the Supreme Administrative Court, and in January 2016 was elected for a four-year term as a member of the National Council of the Judiciary (the NCJ ..read more
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Russia: Court ruling on ‘LGBT’ human rights dispute
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
A refusal by Russia’s authorities to register three gay rights organisations was today declared “unjustified and discriminatory,” under the European Convention on Human Rights. In today’s Chamber judgment in the case Zhdanov and Others v. Russia (application no. 12200/08, 35949/11 and 58282/12), the European Court of Human Rights decided, by a majority, to declare inadmissible the complaints lodged by one of the applicants, namely the well-known LGBT activist Nikolay Alekseyev, as an abuse of the right of application because of his offensive and threatening statements about the Court and its j ..read more
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Russia: Serious domestic abuse leads to €25,000 human rights award
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Human rights judges have made an award of more than €25,000 to a Russian woman who was subject to violent attacks by her former partner. Today’s award follows a ruling against Russia which declared that the authorities’ response to the serious domestic abuse of the woman was “manifestly inadequate.” In today’s Chamber judgment in the case of Volodina v. Russia (application no. 41261/17) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, and a violation of ..read more
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Germany: Court rules against Alternative für Deutschland (AfD) in intelligence service human rights dispute
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Judges have backed Germany’s authorities after a human rights complaint from the  Alternative für Deutschland (AfD) political party. The European court ruled today that the AfD failed to exhaust domestic remedies for its complaint against the German intelligence service. In its decision in the case of Alternative für Deutschland (AfD) v. Germany (application no. 57939/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspic ..read more
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Court: Austria did not fail in its duty to protect a son from his violent father
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
In a European court ruling today, human rights judges have confirmed that Austria did not fail in its duty to protect a son from his violent father. In today’s Chamber judgment in the case of Kurt v. Austria (application no. 62903/15) the European Court of Human Rights held, unanimously, that there had been: no violation of Article 2 (right to life) of the European Convention on Human Rights. The case concerned the murder of the applicant Senay Kurt’s son by his father after previous allegations of domestic violence by the applicant against the father. The court found in particular that the do ..read more
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Hungary: Motorist suffered inhuman and degrading treatment after police breathalyser refusal
Council Of Europe | Human Rights Europe
by nigelsmith
3y ago
Human rights judges have ruled that a decision by Hungarian police to force a suspected drink-driving motorist to have a urine test via a catheter was inhuman and degrading. In today’s Chamber judgment in the case of R.S. v. Hungary (application no. 65290/14) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. As just satisfaction (Article 41), the court held that Hungary was to pay the applicant 9,000 euros (EUR) in respect of non-pecuniary damage and EUR ..read more
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