European Court of Human Rights (EurCourtHR), Strasbourg
Advisory Opinions
European Court of Human Rights (EurCourtHR), Strasbourg
Judgments and Decisions

02.06.2004, GC

1st request for an advisory opinion / Co-existence of the CIS Convention (applicable i.a. for Russia) and the ECHR / Request NOT within the Court’s advisory competence / Grand Chamber decision

25 HRLJ 326 (2004)

12.02.2008, GC

Advisory Opinion (No. 1) / Lists of candidates of judges / Election of judges to the EurCourtHR / Parliamentary Assembly rejects Maltese list containing exclusively male candidates (the three judges of the Constitutional Court) / Advisory opinion underlines States’ margin of appreciation / Absolute criterion of gender balance in the composition of the lists of three candidates submitted by the respective governments incompatible with Article 21 ECHR

29 HRLJ 45 (2008)

22.01.2010, GC

Advisory Opinion (No. 2) / Lists of candidates of judges / Ukraine / Legal questions concerning lists of candidates submitted for election as judges of the EurCourtHR / here: Ukrainian list of candidates / Withdrawal not possible after expiration of deadline for submitting the list to the Parliamentary Assembly of the Council of Europe

30 HRLJ 314 (2009-2010)

  Judgments and Decisions (in alphabetical order)  

35373/97

Judgment of 17.12.2002, A. v. United Kingdom, Protection of free speech in Parliament / Applicant’s family described as “neighbours from hell” / Absolute immunity of MP excludes access to court / No violation of Article 6 ECHR

23 HRLJ 391 (2002)

3455/05

Judgment (GC) of 19.02.2009, A and Others v. United Kingdom, Preventive detention regarding aliens, being undeportable, suspected of involvement in international terrorism (according to the Anti-Terrorism Crime and Security Bill 2001) / UK’s derogating measures discriminated unjustifiably between nationals and non-nationals (Article 5 § 1 ECHR violated) / Requirements of a fair hearing (Article 5 § 4 ECHR) never satisfied if the decision is “based solely or to a decisive degree” on closed material

30 HRLJ 83 (2009-2010)

25579/05

Judgment (GC) of 16.12.2010, A, B and C v. Ireland, Restrictions on obtaining an abortion in Ireland / Breadth of the margin of appreciation to be accorded to the State

31 HRLJ 344 (2011)

33692/02

Judgment of 01.07.2003, Abraham Lunguli v. Sweden, Risk of being subjected to female genital mutilation in Tanzania / Interim measures indicated / Swedish government eventually grants permanent residence permit / Case struck out of the list

24 HRLJ 356 (2003)

46454/11

Application communicated on 14.12.2012, Abu Zubaydah v. Lithuania, Allegations of secret detention and ill-treatment of the first “high value detainee”, now held in Guantánamo Bay, in a CIA detention facility in 2005/2006 in Lithuania
● (see also the overview of cases decided by or pending before the EurCourtHR regarding secret rendition and detention by the CIA, 36 HRLJ 480 (2016))

36 HRLJ 477 (2016)

13978/88

Judgment of 19.02.1991, Adiletta and Others v. Italy, 13 years of criminal proceedings beyond “reasonable time” under Article 6 ECHR / Post-office employees discharged as no offence had been committed
● (see also a systematic survey regarding length of proceeding cases, ibid. at p. 160 f.)

12 HRLJ 168 (1991)

8269/78

Judgment of 26.03.1982, Adolf v. Austria, Presumption of innocence and discontinuance of criminal proceedings

3 HRLJ 260 (1982)

24027/07

Application communicated on 26.06.2007, Ahmad and Aswat v. United Kingdom, Lawfulness of extradition to the USA of two British nationals allegedly involved in terrorism

28 HRLJ 477 (2007)

24027/07

(Judgment rendered on 10.04.2012)

 

18465/91

Judgment of 05.05.1995, Air Canada v. United Kingdom, Seizure of aircraft which carried prohibited drugs on a previous flight no violation of Article 1 of Protocol No. 1 and of Article 6 § 1 ECHR

16 HRLJ 309 (1995)

6289/73

Judgment (just satisfaction) of 06.02.1981, Airey v. Ireland

2 HRLJ 173 (1981)

21893/93

Judgment (GC) of 16.09.1996, Akdivar and Others v. Turkey, Burning of houses by security forces in South-East Turkey considered a violation of Article 8 ECHR and Article 1 of Protocol No. 1 / Pressure on applicants to withdraw their application violates Article 25 § 1 ECHR

18 HRLJ 203 (1997)

21894/93

Judgment of 24.03.2005, Akkum and Others v. Turkey, Killing of three civilians during a military operation / Failure to carry out an adequate and effective investigation / Violation of Article 2 ECHR / Mutilation of the applicant’s son amounting to degrading treatment contrary to Article 3 ECHR / Government’s failure to submit key documentary evidence to the Court / Violation of Article 38 ECHR

26 HRLJ 352 (2005)

21987/93

Judgment of 18.12.1996, Aksoy v. Turkey, Alleged torture in police custody in South-East Turkey / Lack of effective investigation / Violation of Articles 3, 5 § 3 and 13 ECHR

18 HRLJ 221 (1997)

35763/97

Judgment (GC) of 21.11.2001, Al-Adsani v. United Kingdom, Prevailing immunity of a foreign state [Kuwait] in respect of civil proceedings for compensation instituted before English courts by a victim of torture / No violation of Articles 3 and 6 § 1 ECHR

23 HRLJ 39 (2002)

7299/75

Judgment (merits) of 10.02.1983, Albert and Le Compte v. Belgium, Disciplinary proceedings and the right to a fair trial

5 HRLJ 219 (1984)

7299/75

Judgment (just satisfaction) of 24.10.1983, Albert and Le Compte v. Belgium, 5 HRLJ 234 (1984)

 

48205/09

Judgment of 15.11.2011, Al Hanchi v. Bosnia and Herzegovina, Process of democratic transition in Tunisia after the revolution in January 2011 / Ex nunc assessment of the application required / here: No risk of ill-treatment in case of deportation to Tunisia

31 HRLJ 393 (2011)

11910/85

Judgment of 19.02.1991, Alimena v. Italy, Acquittal of a lawyer after more than 7 years of proceedings exceeds “reasonable time” under Article 6 ECHR

12 HRLJ 162 (1991)

35865/03

Judgment of 20.02.2007, Al-Moayad v. Germany, Extradition to the USA of a Yemeni national suspected of terrorism / Alleged violation of Articles 3 (torture), 5 (unlawful detention), 6 (fair trial), 34 (compliance with interim measure) declared manifestly ill-founded / Decision of the German Constitutional Court confirmed / Risk of suffering a flagrant denial of justice in the USA denied in view of assurances given by the US authorities (i.a. no prosecution by a military tribunal)

28 HRLJ 399 (2007)

33234/12

Application communicated on 18.09.2012, Al Nashiri v. Romania, Detention of “high value” terrorist in the Bucharest CIA prison located in a Government building (here: from 2003 to 2006, before being held in Guantanamo) / Alleged torture and ill-treatment / Extensive reference to and quotations from various official documents

32 HRLJ 455 (2012)

33234/12

Two further questions communicated to the Government on 26 May 2015

36 HRLJ 480 (2016)

28761/11

Judgment of 24.07.2014, Al-Nashiri v. Poland, Secret rendition and CIA-run detention facility on Polish territory / State’s obligation to investigate allegations of torture / Terrorist suspect detained between December 2002 and June 2003 / National criminal investigation started in 2008 only / National security concerns no justification of Government’s refusal to submit evidence requested by the Court / Poland responsible for substantive and procedural violation of the prohibition of torture and other Convention guarantees

34 HRLJ 285 (2014)

10786/04

Decision of 26.10.2004, Alzery v. Sweden, Lawyer’s inactivity after introduction of an application concerning expulsion from Sweden to Egypt / Spirit and purpose of the six-month rule do not require an exception in the case / Application declared inadmissible

27 HRLJ 441 (2006)

10786/04

re: Alzery v. Sweden, see also above the author’s case before the UN-HRCee, communication no. 1416/2005

 

27798/95

Judgment (GC) of 16.02.2000, Amann v. Switzerland, Storing of personal data “identified as a contact with the Russian embassy” in the Confederation’s security card index following the interception of a telephone call / Violation of Article 8 ECHR

21 HRLJ 221 (2000)

11157/04

Judgment of 04.07.2013, Anchugov and Gladkov v. Russia, Automatic and indiscriminate ban on prisoners’ voting rights disproportionate / Necessity to change the Russian Constitution (Article 32 § 3) which imposes blanket restriction on all convicted prisoners serving their prison sentence

33 HRLJ 119 (2013)

11274/84

Judgment (Plenary Court) of 29.10.1991, Andersson, Jan-Åke v. Sweden, Offence against the Traffic Ordinance (driving a tractor on a motorway) / Absence of public hearing on appeal justified

12 HRLJ 367 (1991)

12963/87

Judgment of 25.02.1992, Andersson, Margareta and Roger v. Sweden, Restrictions on access between mother and son taken into public care / Violation of Article 8 ECHR

13 HRLJ 196 (1992)

12666/87

Judgment of 19.02.1991, Angelucci v. Italy, Prosecution of a businessman after having been involved in a police raid / Discharge more than 8 years later exceeds “reasonable time” under Article 6 ECHR

12 HRLJ 164 (1991)

13161/87

Judgment of 28.08.1992, Artner v. Austria, Lawful limitations of applicant’s right to question the evidence of a witness under special circumstances

13 HRLJ 461 (1992)

56003/00

Judgment of 31.07.2007, Aşan and Others v. Turkey, Allegation of torture (Article 3) during gendarme custody / Burden of proof on the respondent Government to provide satisfactory and convincing explanation for injuries / Violation of Article 3 established in respect of 5 applicants out of 12 / Decisive role of medical reports

28 HRLJ 278 (2007)

12398/86

Judgment of 26.04.1991, Asch v. Austria, Conviction for bodily harm notwithstanding withdrawal of defendant’s female cohabitee’s complaint and her lawful refusal to give evidence / No violation of the rights of defence

12 HRLJ 203 (1991)

2944/06

Judgment of 18.12.2012, Aslakhanova and Others v. Russia, Disappearances in Chechnya / Systemic problem of non-investigation / Court emphasizes the Government’s obligation to submit remedial measures to the Committee of Ministers in order to allow supervision of their implementation

32 HRLJ 315 (2012)

71503/01

Judgment (GC) of 08.04.2004, Assanidze v. Georgia, Refusal to release detainee despite final acquittal by the Supreme Court / Human rights violations (Articles 5 (1) and 6 (1) ECHR) imputable to an obstructionist entity (Autonomous Republic of Ajaria) engages the State’s (Georgia) responsibility under the Convention / Obligation to release the applicant expressed in the judgment’s operative part

25 HRLJ 54 (2004)

73986/14

Application communicated on 25.03.2015, A.T. v. Hungary, Mandatory review of imprisonment after 40 years / Legislative reform after the Court’s judgment in the case of László Magyar regarding life imprisonment
● 37871/14 and 73986/14, T.P. and A.T. v. Hungary, judgment rendered on 04.10.2016

35 HRLJ 309 (2015)

17502/07

Judgment (GC) of 23.05.2016, Avotiņš v. Latvia, Strasbourg decides for the first time on the observance of the fair hearing guarantee in the context of mutual recognition in civil and commercial law based on EU law / Enforcement in Latvia of a judgment delivered in Cyprus, given in default, concerning the payment of a debt / Review of the Latvian court sufficient for the purposes of Article 6 § 1 / Presumption of equivalent protection (“Bosphorus presumption”) not rebutted

36 HRLJ 87 (2016)

8273/78

Judgment (Plenary Court) of 08.12.1983, Axen v. Germany, Public hearings and public pronouncement of civil court judgments

5 HRLJ 277 (1984)

23178/94

Judgment (GC) of 25.09.1997, Aydin v. Turkey, Rape and ill-treatment of a female detainee / Rape by an official of the State an especially grave and abhorrent form of torture / Failure of the authorities of the State to conduct an effective investigation

19 HRLJ 59 (1998)

13343/87

Judgment (GC) of 25.03.1992, B v. France, Non-recognition in law of the new sexual identity of a post-operative transsexual person contrary to Article 8 ECHR (right to respect of private life)

13 HRLJ 358 (1992)

24027/07

Decision of 06.07.2010, Babar Ahmad and Others v. United Kingdom, Extradition orders to stand trial on terrorism charges in the US entailing detention in a “supermax” high-security prison (ADX Florence, Colorado) / Applications declared admissible under Article 3 ECHR (inhuman treatment) in respect of the place of detention and the length of possible sentences (applicants facing life-time imprisonment or 50 years’ imprisonment, respectively)

30 HRLJ 461 (2009-2010)

24027/07

(Judgment rendered on 10.04.2012)

 

20261/12

Application communicated on 29.11.2012, Baka v. Hungary, Independence of the judiciary / President of the Supreme Court removed

33 HRLJ 233 (2013)

20261/12

Judgment (merits) of 27.05.2014, Baka v. Hungary, Independence of the judiciary / President of the Supreme Court who criticized the Government policy on judicial reform removed / Violation of freedom of expression / Lack of access to court violates Article 6 § 1 ECHR

34 HRLJ 160 (2014)

20261/12

Judgment (GC) of 23.06.2016, Baka v. Hungary, President of the Supreme Court who criticized the Government policy on judicial reform removed / Mr Baka’s premature termination of mandate, not subject to any form of judicial review, violated his rights under Article 6 § 1 (access to court) and under Article 10 (freedom of expression)

36 HRLJ 109 (2016)

22110/93

Judgment (GC) of 26.08.1997, Balmer-Schafroth and Others v. Switzerland, Proceedings of extension of licence to operate a nuclear power station no violation of Article 6 ECHR

18 HRLJ 196 (1997)

14326/11

Judgment of 18.06.2013, Banel v. Lithuania, Tragic accident / Child struck by the balcony of a derelict building / State’s positive obligation to ensure safety in public spaces / Ongoing administrative reform cannot justify inaction on the part of the authorities / Violation of the right to life

33 HRLJ 51 (2013)

6223/04

Decision of 18.10.2005, Banfield v. United Kingdom, Police officer convicted of sexual offences against women, committed whilst on duty / Pension reduced by 65 % as disciplinary measure / Forfeited percentage represents the entire part of the pension arising from the State’s contributions / Extensive procedural protection / Proportionality confirmed / Application declared inadmissible being manifestly ill-founded

29 HRLJ 362 (2008)

52207/99

Decision (GC) of 12.12.2001, Banković and Others v. the 17 Council of Europe (also NATO) Member States, NATO bombing attack during the Kosovo conflict / Destruction of the Belgrade master control room of the Serbian television RTS (three TV channels and four radio stations) / 16 civilians killed, another 16 seriously injured / Victims not within the jurisdiction of the respondent States / Application declared inadmissible

22 HRLJ 453 (2001)

10588/83

Judgment (Plenary Court) of 06.12.1988, Barberà, Messegué and Jabardo v. Spain, Requirements of fair and public hearing in criminal proceedings / Breach of Article 6 (1) of the Convention

9 HRLJ 267 (1988)

8734/79

Judgment of 25.03.1985, Barthold v. Germany, Freedom of expression / Standards of professional conduct, repression of unfair competition

6 HRLJ 309 (1985)

55565/00

Judgment of 21.12.2006, Bartik v. Russia, Obligation to repeal restrictions on international travel / Commitment undertaken in 1996 / Refusal of passport for persons with knowledge of “State secrets” violates right to leave one’s own country

28 HRLJ 128 (2007)

23459/03

Judgment (GC) of 07.07.2011, Bayatyan v. Armenia, Right to freedom of thought, conscience and religion includes the right to conscientious objection / Shift in the interpretation of Article 9 ECHR in the light of the “living instrument” doctrine / Conviction of a Jehovah’s Witness for refusing to perform military service violates Article 9

31 HRLJ 378 (2011)

69481/01

Decision of 15.09.2005, Bazorkina v. Russia, Forced disappearance of a son in Ingushetia / Application declared admissible

26 HRLJ 334 (2005)

69481/01

(Judgment rendered on 27.07.2006)

 

71412/01 et al.

Decision (GC) of 02.05.2007, Behrami and Behrami v. France and Saramati v. France, Germany and Norway, Acts (detention) and omissions (de-mining) by UNMIK (Interim Administration in Kosovo) and KFOR (International Security Force) under UN responsibility / Applications versus Troop Contributing Nations inadmissible ratione personae

28 HRLJ 86 (2007)

12083/86

Judgment of 26.03.1992, Beldjoudi v. France, Enforcement of an expulsion order would violate the applicants’ right to respect for their family life

13 HRLJ 413 (1992)

5853/06

Decision of 11.12.2006, Ben El Mahi and Others v. Denmark, No jurisdictional link between Denmark and Moroccan nationals complaining about the publication in a Danish newspaper of caricatures of the Prophet Muhammad / Applications declared inadmissible being manifestly ill-founded

28 HRLJ 297 (2007)

8848/80

Judgment (Plenary Court) of 23.10.1985, Benthem v. Netherlands, Proceedings concerning the grant and revocation of a licence determinative of a civil right

7 HRLJ 340 (1986)

62912/00

Judgment of 08.11.2002, Benzan v. Croatia, Applicant serves sentence in Lepoglava State Prison, constructed 200 years ago / Friendly settlement includes obligation to renovate the respective prison wing

24 HRLJ 202 (2003)

23502/06

Judgment of 12.11.2013, Benzer and Others v. Turkey, Bombing of two villages in south-east Turkey in 1994 by military aircraft belonging to the Air Force, killing 33 of the applicants’ relatives / Application lodged in 2006 shortly after the military prosecutor closed his investigation (opened in 2004) / Government argued that PKK members had carried out the attacks and relied on Air Force letters which stated that no relevant flying activity had taken place / Government withheld flight log which was sent to the Court by the applicants’ lawyer in 2012

33 HRLJ 290 (2013)

24117/08

Judgment of 14.03.2013, Bernh Larsen Holding AS and Others v. Norway, Tax authorities’ seizure of electronic data regarding “mixed archives” of three companies on a shared server / No violation of the applicant companies’ rights to respect for correspondence and home

33 HRLJ 134 (2013)

33202/96

Judgment (GC) of 05.01.2000, Beyeler v. Italy, Duty of public authorities to act in good time, in an appropriate manner and with utmost consistency / Unjust enrichment through exercise of the State’s right of pre-emption in the case of a Van Gogh painting / Violation of Article 1 of Protocol No. 1

21 HRLJ 61 (2000)

58170/13 et al.

Application communicated on 09.01.2014, Big Brother Watch and Others v. United Kingdom

34 HRLJ 489 (2014)

58170/13 et al.

(Case still pending as at 16 October 2017)

 

3314/02

Decision of 26.11.2002, Bilasi-Ashri v. Austria, Striking out of an application from the list of cases in an extradition proceeding initiated by Egypt / Extradition order requested in 1998, granted in 2001, however not carried out due to the Egyptian authorities’ unwillingness to accept the conditions laid down by the Vienna Court of appeal

27 HRLJ 444 (2006)

79917/13

Decision (Plenary Court) of 29.11.2011, Bîrsan v. Romania, Waiver of immunity without retroactive effect regarding judge Bîrsan’s wife, herself a judge in Romania / here: Search of Mr and Mrs Bîrsan’s home in Romania in the context of a criminal investigation of the National Anti-Corruption Directorate against Mrs Bîrsan

31 HRLJ 426 (2011)

79917/13

(Decision rendered on 02.02.2016)

 

57953/00 et al.

Decision of 20.10.2005, Bitiyeva and X. v. Russia, Killing of an active political figure in Chechnya and three members of her family / Anti-war protest and “Committee of Soldiers’ Mothers” / Harassment of the killed mother’s daughter because of her application to the EurCourtHR / Application declared admissible

26 HRLJ 339 (2005)

57953/00 et al.

(Judgment rendered on 21.06.2007)

 

33060/10

Application communicated on 19.12.2013, Blum v. Austria, Disciplinary proceedings against a lawyer

33 HRLJ 479 (2013)

33060/10

(Judgment rendered on 05.04.2016)

 

22251/08

Judgment (GC) of 05.02.2015, Bochan (no. 2) v. Ukraine, Reopening of civil proceedings after the first Bochan EurCourtHR judgment of 3 May 2007 / Following Supreme Court ruling “grossly arbitrary” / Right to a fair hearing violated / EurCourtHR underlines its competence to examine the new issue / Prerogatives of Ukraine and the Committee of Ministers under Article 46 (Binding force and implementation of judgments) not affected

35 HRLJ 120 (2015)

12005/86

Judgment (Plenary Court) of 30.10.1991, Borgers v. Belgium, No right to reply to avocat général’s unfavourable submissions before Court of Cassation violates rights of defence and principle of equality of arms (Article 6 ECHR)

12 HRLJ 413 (1991)

45036/98

Decision of 13.09.2001, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Impoundment of aircraft (Boeing 737) leased by Turkish airline from Yugoslav airline in spring 1993 during UN economic embargo against Yugoslavia / Application declared admissible

23 HRLJ 279 (2002)

45036/98

Judgment (GC) of 30.06.2005, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi [Bosphorus Airways] v. Ireland, Fundamental rights protection under European Community law considered “equivalent” to that under the European Convention on Human Rights / Presumption not rebutted / Impounding by Irish authorities of Yugoslavian aircraft (leased and operated by Turkish airline) in pursuance of UN sanctions regime and EC Council regulation

26 HRLJ 18 (2005)

15187/03

Judgment of 07.06.2007, Botmeh and Alami v. United Kingdom, Conviction after car-bomb explosions in London / Public immunity certificate in respect of “agent material” / Use of undisclosed material before the trial judge and before the Court of Appeal / No violation of Article 6

28 HRLJ 121 (2007)

34884/97

Judgment (GC) of 28.07.1999, Bottazzi v. Italy, Accumulation of identical breaches of Article 6 § 1 (excessive length of civil proceedings) constitutes a practice incompatible with the ECHR / Consideration based on more than 1,400 reports of the EurCommHR and on 65 judgments delivered since 1987

20 HRLJ 480 (1999)

38703/06 et al.

Decision of 18.11.2008, Boumediene and Others v. Bosnia and Herzegovina, Ongoing detention of terrorist suspects at Guantánamo / Removal from Bosnia and Herzegovina in January 2002 (i.e. before the entry into force of the Convention in respect of BiH) / Question whether the Court has jurisdiction left open / Applications declared inadmissible being manifestly ill-founded with regard to active role of BiH to obtain the applicants’ return from the US, and to valid diplomatic assurances given by the US

29 HRLJ 249 (2008)

24839/94

Judgment (GC) of 19.02.1998, Bowman v. United Kingdom, Prosecution for distribution of leaflets by anti-abortion campaigner prior to general election / Violation of Article 10 ECHR

19 HRLJ 84 (1998)

11170/84

Judgment of 28.08.1991, Brandstetter v. Austria, Criminal proceedings concerning the quality of wine in line with Article 6 ECHR / Equality of arms not respected in defamation proceedings

12 HRLJ 316 (1991)

14553/89

Judgment (Plenary Court) of 26.05.1993, Brannigan and McBride v. United Kingdom, Detention of suspected terrorists without judicial control / Derogation from guarantees under Article 5 in conformity with Article 15 of the Convention

14 HRLJ 184 (1993)

11460/85

Judgment of 19.02.1991, Brigandì v. Italy, A civil proceeding longer than 17 years exceeds “reasonable time” under Article 6 ECHR

12 HRLJ 104 (1991)

11209/84

Judgment (Plenary Court) of 29.11.1988, Brogan and Others v. United Kingdom, Promptness of judicial control over decisions to detain suspected terrorists / Breach of Article 5 (3) of the Convention

9 HRLJ 293 (1988)

31443/96

Judgment (GC) of 22.06.2004, Broniowski v. Poland, Malfunctioning of domestic legislation and practice causing a multitude of similar individual applications (167 appl. pending; 80,000 people concerned) considered to be a “threat to the future effectiveness” of the EurCourtHR / Unsatisfied claims for compensatory property in respect of property abandoned in the former Eastern territory of Poland beyond the River Bug / Violation of Article 1 of Protocol No. 1 / First pilot judgment

25 HRLJ 23 (2004)

31443/96

Judgment (GC, friendly settlement) of 28.09.2005, Broniowski v. Poland, Friendly settlement in the first pilot judgment / Court relies on the Government’s actual and promised remedial action / General and individual measures following finding of violation originating in a systemic problem

26 HRLJ 229 (2005)

7759/77

Judgment of 06.05.1981, Buchholz v. Germany, Length of Labour court proceedings

2 HRLJ 176 (1981)

20348/92

Judgment of 25.09.1996, Buckley v. United Kingdom, Refusal of planning permission which would enable a gypsy to live in caravans on land which she owns / State’s margin of appreciation to justify interference with the applicant’s right to respect for her home (Article 8 ECHR)

17 HRLJ 420 (1996)

27026/10

Judgment of 05.06.2012, Buntov v. Russia, Torture in a prison colony / Sophistication of its methods and institutionalised character “beggar belief” (all toe and finger nails of the applicant pulled off) / High-ranking officials of the colony, including the chief-doctor, involved / Ineffectiveness of the investigation / Violation of Article 3 ECHR

32 HRLJ 69 (2012)

13378/05

Judgment (GC) of 29.04.2008, Burden v. United Kingdom, Entitlement to inheritance tax exemption foreseen for married couples and same-sex couples under the 2004 Civil Partnership Act / Exclusion of such advantage with regard to co-habitant sisters, as the applicants, does not amount to discrimination

29 HRLJ 351 (2008)

59498/00

Judgment of 07.05.2002, Burdov v. Russia, Chernobyl nuclear disaster / Compensation for impairment to health after obligatory participation in emergency operations / Impossibility to obtain execution of final judgments due to lack of funds violates right to a fair trial and property rights

23 HRLJ 85 (2002)

33509/04

Judgment of 15.01.2009, Burdov (No. 2) v. Russia, Pilot judgment procedure adopted / Russia required to introduce an effective remedy securing redress for non-enforcement or delayed enforcement of judgments and to grant redress to all victims in pending cases (approximately 700) / Persistent structural dysfunction established / here: problems affecting Chernobyl victims (as in the present case) and other large vulnerable groups depending on payment of pensions, child allowances, compensation for damage sustained during military service or for wrongful prosecution / Adjournment of proceedings on new applications / Redress to be granted in pending cases within one year

30 HRLJ 251 (2009-2010)

46852/13 et al.

Judgment (GC) of 12.10. 2017, Burmych and Others v. Ukraine, Strike-out and transmission to the Committee of Ministers of 12,148 Ivanov-type cases (Ivanov v. Ukraine, pilot judgment of 2009) / Background: Non-enforcement or delayed enforcement of domestic court decisions related to non-payment of salaries and allowances to military servicemen, employees of the mining companies, judges, school teachers, and others, including those suffering from the Chernobyl disaster being entitled to benefits under the Chernobyl Victims’ Status Act / Dramatic factual situation: 120,000 non-executed judgment holders in Ukraine

37 HRLJ 296 (2017)

11562/05

Judgment of 27.06.2006, Byrzykowski v. Poland, Necessity of prompt examination of cases concerning death in a hospital / Procedural violation of the right to life

28 HRLJ 78 (2007)

13590/88

Judgment of 25.03.1992, Campbell v. United Kingdom, Control of prisoner’s correspondence with his solicitor and with the European Commission of Human Rights found incompatible with Article 8 ECHR

13 HRLJ 371 (1992)

7511/76

Judgment of 25.02.1982, Campbell and Cosans v. United Kingdom, Corporal punishment in Scottish schools

3 HRLJ 221 (1982)

7819/77

Judgment of 28.06.1984, Campbell and Fell v. United Kingdom, Prisoners’ rights: access to legal advice, solicitors’ visits, personal correspondence

6 HRLJ 255 (1985)

9300/81

Judgment of 30.09.1985, Can v. Austria, Friendly settlement / Supervision of the suspect’s consultations with his lawyer / Case struck out of the list

7 HRLJ 106 (1986)

17862/91

Judgment (GC) of 15.11.1996, Cantoni v. France, Criminal conviction of the manager of a supermarket for unlawfully selling pharmaceutical products / No violation of Article 7 ECHR

17 HRLJ 441 (1996)

11069/84

Judgment of 19.03.1991, Cardot v. France, Failure to exhaust domestic remedies in criminal procedure

12 HRLJ 157 (1991)

15450/89

Judgment of 24.02.1994, Casado Coca v. Spain, Ban on professional advertising imposed in 1982/1983 on a member of the Bar / No violation of freedom of expression

15 HRLJ 184 (1994)

11798/85

Judgment of 23.04.1992, Castells v. Spain, Conviction of a member of parliament for insulting the Government in a press article violates freedom of expression

13 HRLJ 427 (1992)

35622/04

Decision of 11.12.2012, Chagos Islanders v. United Kingdom, Removal from the British Indian Ocean Territory / Loss of victim status / Failure to exhaust domestic remedies / Application inadmissible being manifestly ill-founded

33 HRLJ 176 (2013)

27238/95

Judgment (GC) of 18.01.2001, Chapman v. United Kingdom, Refusal of applications by gypsies for planning permission to station residential caravans on land owned by them

22 HRLJ 435 (2001)

12718/87

Judgment of 12.12.1991, Clooth v. Belgium, Length of pre-trial detention in criminal proceedings: a period over 3 years exceeds “reasonable time” under Article 5 § 3 ECHR

13 HRLJ 117 (1992)

8304/78

Judgment of 10.12.1982, Corigliano v. Italy, Lenght of criminal proceedings

3 HRLJ 322 (1982)

13611/88

Judgment of 25.09.1992, Croissant v. Germany, Obligation to pay fees of three defence counsels after conviction despite one being appointed against the applicant’s will / No violation of Article 6 §§ 1 and 3(c) ECHR

14 HRLJ 92 (1993)

15576/89

Judgment (Plenary Court) of 20.03.1991, Cruz Varas and Others v. Sweden, Expulsion to Chile in a torture related case not in violation of Articles 3 or 8 ECHR / Power to order binding interim measures not to be inferred from Article 25 ECHR

12 HRLJ 142 (1991)

15869/02

Decision of 02.03.2006, Čudak v. Lithuania, Local employee at foreign embassy unable to bring action for unlawful dismissal in the host country / Application declared admissible

27 HRLJ 337 (2006)

15869/02

(GC Judgment rendered on 23.03.2010)

 

25781/94

Judgment (GC) of 10.05.2001, Cyprus v. Turkey, Turkey held responsible for continuing violation of human rights following the invasion of Northern Cyprus in 1974 / Thirteen violations established vis-à-vis Greek Cypriots, and one violation vis-à-vis Turkish Cypriots / Inter-State application

22 HRLJ 217 (2001)

25781/94

Judgment (GC, just satisfaction) of 12.05.2014, Cyprus v. Turkey, Just satisfaction for the first time awarded in an inter-State case / Applicability of Article 41 ECHR for the benefit of individual victims / here: 1,456 missing persons and the enclaved Greek-Cypriot residents of the Karpas peninsula

34 HRLJ 77 (2014)

28114/95

Judgment (GC) of 28.09.1999, Dalban v. Romania, Conviction for criminal libel of a journalist writing about alleged fraud and corruption of communist nomenklatura members / Supreme Court proceedings discontinued in view of the applicant’s death / Violation of Article 10 ECHR / Standing of the applicant’s widow to continue the proceedings confirmed

20 HRLJ 482 (1999)

67336/01

Decision of 19.10.2004, Danilenkov and Others v. Russia, Discrimination against employees, allegedly because of their trade-union membership / At issue i.a.: Decrease of earnings, biased administration of a safety regulation test, dismissal for redundancy / Kaliningrad branch of the Dockers’ Union of Russia / Applications declared admissible

25 HRLJ 472 (2004)

67336/01

(Judgment rendered on 30.07.2009)

 

13341/14

Judgment of 01.09.2015, Da Silva Carvalho Rico v. Portugal, State’s margin of appreciation in the implementation of austerity measures at a time of economic crisis in order to receive financial support from the European Union / Reduction of the applicant’s retirement pension (gross amount of 1,980 Euros per month reduced in 2013 and 2014 resulting in a decrease of 4,6% per year) / No violation of the right to property

35 HRLJ 418 (2015)

2345/06

Judgment of 09.11.2010, Deés v. Hungary, Excessive noise disturbance over a substantial period of time due to heavy traffic / Insufficient measures to protect the applicant’s home / Violation of Article 8 ECHR

31 HRLJ 401 (2011)

12964/87

Judgment of 16.12.1992, De Geouffre de la Pradelle v. France, Lack of practical, effective access to the Conseil d’Etat to challenge the lawfulness of a decree designating an area as being of outstanding beauty / Violation of Article 6 § 1 ECHR

14 HRLJ 276 (1993)

8805/79

Judgment of 22.05.1984, de Jong, Baljet and van den Brink v. Netherlands, Detention on remand of conscript servicemen

7 HRLJ 321 (1986)

64569/09

Judgment of 10.10.2013, Delfi AS v. Estonia, Defamatory comments posted by readers in reaction to a news article published on the applicant company’s Internet news portal / Company allows comments by non-registered users / Measures taken to protect the reputation of others insufficient / Company’s civil liability no violation of the right to impart information

33 HRLJ 406 (2013)

64569/09

Judgment (GC) of 16.06.2015, Delfi AS v. Estonia, Liability for user-generated comments on an Internet news portal

35 HRLJ 157 (2015)

42750/09

Judgment (GC) of 21.10.2013, Del Río Prada v. Spain, Duration of incarceration of ETA terrorist substantially lengthened as a result of the Supreme Court’s departure from previous case-law / Reduction of the term of imprisonment for work done in detention no longer applied to the maximum term of imprisonment of 30 years, but successively to each of the sentences imposed (new approach known as the “Parot doctrine”) / Violation of Article 7 ECHR (nulla poena sine lege) and Article 5 § 1 ECHR (right to liberty)

33 HRLJ 363 (2013)

13057/87

Judgment of 27.08.1991, Demicoli v. Malte, Maltese House of Representatives does not fulfil requirements of an impartial tribunal (Article 6 § 1 ECHR) in breach of privilege proceedings concerning alleged defamation of its Members

12 HRLJ 306 (1991)

34503/97

Judgment (GC) of 12.11.2008, Demir and Baykara v. Turkey, Court’s methodology concerning interpretation of the Convention in the light of other international instruments / here: Trade-union freedom, Article 11 ECHR / Municipal civil servants’ rights violated

29 HRLJ 301 (2008)

34382/97

Judgment of 05.04.2000, Denmark v. Turkey, Bilateral torture prevention programme and political dialogue on human rights, including individual cases, as part of a friendly settlement in a case of alleged torture concerning a Danish citizen / Interstate complaint struck out of the list

21 HRLJ 58 (2000)

9384/81

Judgment (Plenary Court) of 29.05.1986, Deumeland v. Germany, Excessive length of proceedings in a dispute over widow’s pension under industrial-accident insurance

7 HRLJ 365 (1986)

57325/00 et al.

Judgment (GC) of 13.11.2007, D.H. and Others v. Czech Republic, Placement of Roma children in “special” schools amounts to “indirect” discrimination related to ethnic origin / Parental consent, i.e. waiving a right guaranteed under the Convention, not accepted in view of parents’ own poor education / Violation of Article 14 read in conjunction with Article 2 of Protocol No. 1

28 HRLJ 244 (2007)

16988/90

Judgment of 26.04.1994, Díaz Ruano v. Spain, Alleged ill-treatment and subsequent death of a suspect in police custody / Friendly settlement / Case struck out of the list

15 HRLJ 211 (1994)

34846/08

Judgment of 17.11.2015, Dimitrov and Ribov v. Bulgaria, CPT declares conditions in Burgas Prison “unfit for human accommodation” / Inhuman and degrading prison regime applied to the applicants, sentenced to life imprisonment, who were kept during the last ten years in permanently locked individual cells (for up to 20 hours a day) / Violation of Article 3

35 HRLJ 346 (2015)

41461/10

Judgment of 27.11.2012, Dirdizov v. Russia, Inhuman treatment during detention due to inadequate medical care / Legal framework for adjudicating detainees’ complaints available in theory, not in practice / Ongoing pre-trial detention (20 months) in the absence of any evidentiary basis providing sufficient and relevant grounds for deprivation of liberty

33 HRLJ 388 (2013)

13446/87

Judgment of 23.01.1991, Djeroud v. France, Friendly settlement in a case involving the expulsion of a “second generation” immigrant (Algerian) / Case struck out of the list

12 HRLJ 92 (1991)

33917/12

Decision of 09.10.2012, Djokaba Lambi Longa v. Netherlands, Detention in the UN Detention Unit (The Hague) of a Congolese remand prisoner transferred to the ICC / Application declared inadmissible ratione personae

33 HRLJ 160 (2013)

23022/13

Application communicated on 25.03.2014, D.M.D. v. Romania, Domestic violence / Procedural protection from inhuman treatment (Article 3 ECHR) / Father abusive towards his son (physical and emotional abuse started before the age of two)

34 HRLJ 234 (2014)

23022/13

(Judgment rendered on 03.10.2017)

 

12747/87

Judgment (GC) of 26.06.1992, Drozd and Janousek v. France and Spain, Criminal proceedings in Andorra with subsequent imprisonment in France

13 HRLJ 445 (1992)

17674/02 et al.

Decision of 15.01.2007, Druzenko and Others v. Ukraine, Alleged ill-treatment of prison inmates by the “Berkut” special police forces / Unlawful conditions of detention / Applications declared partly admissible under Articles 3, 8, 13 and 34

28 HRLJ 316 (2007)

17674/02 et al.

(Judgment rendered on 01.07.2010, Davydov and Others)

 

7525/76

Judgment (Plenary Court) of 22.10.1981, Dudgeon v. United Kingdom, Prohibition of male homosexual acts in Northern Ireland

2 HRLJ 362 (1981)

43918/08

Judgment of 22.05.2012, Duman v. Turkey, Excessive length of detention awaiting trial / Arrest in 2003, conviction in 2011 / Violation of Article 5 §§ 3 and 4 / Life imprisonment for attempting to undermine the constitutional order

32 HRLJ 127 (2012)

43546/02

Judgment (GC) of 22.01.2008, E.B. v. France, Discrimination in the exercise of a right expressly granted in domestic law, i.e. the right of singles to apply for authorisation to adopt / Refusal to grant authorisation based on the applicant’s “lifestyle” as a lesbian living with another woman / Violation of Article 14 in conjunction with Article 8

29 HRLJ 336 (2008)

8130/78

Judgment of 15.07.1982, Eckle v. Germany, Length of criminal proceedings

3 HRLJ 303 (1982)

11760/85

Judgment of 26.03.1992, Editions Périscope v. France, Applicability of Article 6 ECHR because of pecuniary nature of applicant’s action for damages against the State / Excessive length of administrative courts proceedings

13 HRLJ 419 (1992)

71555/01

Decision of 16.10.2001, Einhorn v. France, Extradition after trial in absentia / Guarantees provided by the U.S.A. based on a specifically passed Statute with retroactive effect to allow retrial in Pennsylvania / Issue of unconstitutionality of the Statute allegedly contravening the principle of separation of powers / Application declared inadmissible being manifestly ill-founded

22 HRLJ 267 (2001)

25525/03

Decision of 14.02.2006, El Majjaoui and Stichting Touba Moskee v. Netherlands, Refusal of work permit to prospective Imam being of Moroccan nationality / Freedom of religion in the context of labour market provisions within the EU / Application declared admissible

27 HRLJ 475 (2006)

25525/03

Judgment (GC) of 20.12.2007, El Majjaoui and Stichting Touba Moskee v. Netherlands, New developments lead to a strike-out judgment / Moroccan applicant allowed to work as Imam for the applicant foundation

28 HRLJ 434 (2007)

39630/09

Judgment (GC) of 13.12.2012, El-Masri v. The Former Yugoslav Republic of Macedonia, Macedonia responsible for torture and ill-treatment / Incommunicado detention in Skopje (23 days) / CIA rendition flight to Kabul / Unlawful detention in Afghanistan (four months) / Applicant’s involvement in terrorist activities alleged by the US not established

32 HRLJ 279 (2012)

23016/04

Judgment of 31.07.2012, Er and Others v. Turkey, Compliance with six-month time-limit in disappearance cases / Less rigid approach justified provided that the victim’s relatives did all that could be expected of them to assist the investigative authorities / here: application lodged after nine years

32 HRLJ 343 (2012)

60272/00

Judgment of 12.10.2006, Estamirov and Others v. Russia, Killing of the applicants’ five relatives in Grozny attributed to the State / Investigation started more than three years later (in 2003) / Withholding of information requested by the Court / Violation of Articles 2 (right to life) and 13 (effective remedy)

27 HRLJ 408 (2006)

6339/05

Judgment (Chamber) of 07.03.2006, Evans v. United Kingdom, In vitro fertilisation / Man’s consent required for continued storage of embryos / Chamber denies violation of Articles 2, 8 and 14 ECHR / Case pending before the Grand Chamber

27 HRLJ 198 (2006)

6339/05

(GC Judgment rendered on 10.04.2007)

 

11800/85

Judgment of 26.04.1991, Ezelin v. France, Peaceful participation of an avocat in a demonstration not contrary to professional principles / Disciplinary sanction contravened Article 11 ECHR

12 HRLJ 185 (1991)

37664/04

Decision of 26.02.2008, Fägerskiöld v. Sweden, Noise nuisance from an electricity producing wind turbine next to the applicants’ house (at 371 metres distance) / Noise levels and light reflections of the rotor blades not so serious as to reach the level of environmental pollution / No violation either of Article 8 ECHR (Protection of private and family life) or of Article 1 of Protocol No. 1 (Protection of property) / Application declared inadmissible being manifestly ill-founded

29 HRLJ 91 (2008)

17101/90

Judgment of 21.09.1994, Fayed v. United Kingdom, State’s investigation of complex financial and commercial activities of a public company which acquired one of the largest department stores in Europe / No determination of civil rights / Lawfulness of limitations on access to court as concerns damage to reputation

15 HRLJ 344 (1994)

12151/86

Judgment of 28.08.1991, F.C.B. v. Italy, Unlawful conviction in absentia on account of major crimes / Strict requirements for State’s diligence / Applicant’s indirect knowledge of trial date does not meet requirements of Article 6 §§ 1 and 3(c) ECHR

12 HRLJ 369 (1991)

73225/01

Judgment of 13.04.2006, Fedotova v. Russia, Exercise of the right of individual petition hindered by the State / Police inquiry into the payment of taxes by the applicant’s translator and her lawyer before the EurCourtHR in connection with her claim for just satisfaction / Violation of Article 34 ECHR

27 HRLJ 79 (2006)

12631/87

Judgment (Plenary Court) of 29.10.1991, Fejde v. Sweden, Conviction on account of unlawful possession of a firearm / Absence of public hearing on appeal justified

12 HRLJ 368 (1991)

8562/79

Judgment (Plenary Court) of 29.05.1986, Feldbrugge v. Netherlands, Right to a fair hearing in proceedings to continue receiving a health insurance allowance

7 HRLJ 353 (1986)

64359/01 et al.

Applications communicated on 21.11.2001, Fernández-Molina Gonzales and 370 Others v. Spain, Non-payment of interest claimed since an award of compensation in 1989 / Victims of toxic oil syndrome / 371 applications communicated

23 HRLJ 292 (2002)

64359/01 et al.

(Decision rendered on 08.10.2002: inadmissible)

 

43611/11

Judgment (GC) of 23.03.2016, F.G. v. Sweden, Iranian national’s conversion to Christianity while staying in Sweden / Consequences of the religious conversion must be assessed ex nunc before deciding on the applicant’s removal to Iran given the absolute nature of Articles 2 and 3 of the Convention (right to life, prohibition of torture)

36 HRLJ 62 (2016)

18299/03 et al.

Judgment of 20.12.2011, Finogenov and Others v. Russia, Hostage-taking in the Dubrovka theatre in October 2002 in Moscow (900 people concerned) / Use of gas to neutralise hostage takers no violation of Article 2 ECHR / Death of 125 hostages / Violation of Article 2 on account of inadequate preparation of hostage-rescue operation and lack of effective investigation

31 HRLJ 311 (2011)

37112/97

Judgment (GC) of 21.11.2001, Fogarty v. United Kingdom, Prevailing immunity of a foreign state [the U.S.] in respect of a claim pending before an industrial tribunal related to refused recruitment to the U.S. Embassy in London / No violation of Article 6 § 1 ECHR

23 HRLJ 50 (2002)

7604/76

Judgment of 10.12.1982, Foti and Others v. Italy, Length of criminal proceedings

3 HRLJ 335 (1982)

12033/86

Judgment of 18.02.1991, Fredin (No. 1) v. Sweden, The absence of judicial review in the revocation of a permit to extract gravel, infringing Article 6 § 1 ECHR, but not infringing Article 1 of Protocol No. 1

12 HRLJ 93 (1991)

29183/95

Judgment (GC) of 21.01.1999, Fressoz and Roire v. France, Publication of photocopies of tax assessments of a public figure covered by the freedom of the press / Salary increases awarded to Peugeot’s chairman and managing director / “Canard enchaîné”

20 HRLJ 303 (1999)

22978/05

Judgment of 30.06.2008, Gäfgen v. Germany, Absolute nature of the prohibition of torture, inhuman or degrading treatment (Article 3 ECHR) / Conviction of police officers who threatened the kidnapper to cause pain in an attempt to secure information on the whereabouts of the 11 years’ old boy

29 HRLJ 56 (2008)

22978/05

Judgment (GC) of 01.06.2010, Gäfgen v. Germany, Interpretation of Article 34 ECHR, victim status of the applicant upheld / Chamber judgment (which denied a violation of Article 3 ECHR due to the applicant’s loss of victim status ) reversed / Court’s supervisory function in criminal proceedings / National authorities failed to afford appropriate and sufficient redress for the breach of Article 3 (inhuman treatment, threat to cause the applicant pain in order to extract a statement to save the life of a kidnapped 11 year old boy) / Punishment imposed on State agents considered inadequate / Domestic court’s failure to decide on the merits of the applicant’s compensation claims for more than three years

30 HRLJ 286 (2009-2010)

39793/17

Decision of 27.06.2017, Gard and Others v. United Kingdom, Evaluation of the best interests of baby Charlie Gard suffering from a genetic disease / Decisions of the UK courts (inter alia not to allow, as requested by the parents, experimental treatment in the USA) endorsed in Strasbourg / No violation of parental rights (Article 8 ECHR) / Application inadmissible as being manifestly ill-founded

37 HRLJ 74 (2017)

40195/08

Judgment of 29.11.2011, Giszczak v. Poland, Refusal of a prisoner’s request for compassionate leave to visit his dying daughter and failure to provide a timely and adequate reply to the subsequent request for leave to attend her funeral / Violation of Article 8 ECHR (respect for family life)

31 HRLJ 424 (2011)

23458/02

Judgment (GC) of 24.03.2011, Giuliani and Gaggio v. Italy, Fatal shooting of a demonstrator by a member of the security forces at the 2001 Genoa G8 summit / Video footage of the tragic event was available / The death occurred during a sudden and violent attack which posed imminent threat to the lives of three carabinieri / Use of lethal force justified / No violation of Article 2 of the Convention, neither in its substantive nor in its procedural part (with separate opinions)

31 HRLJ 185 (2011)

22671/93

Judgment of 03.08.2000, G.L. v. Italy, Tenant’s eviction proceedings / Refusal of police assistance / Violation of property rights and the right to a court

21 HRLJ 439 (2000)

8966/80

Judgment of 09.04.1984, Goddi v. Italy, Trial in absentia / Requirements of Article 6 § 3(c) of the Convention

5 HRLJ 311 (1984)

34056/02

Judgment of 08.11.2005, Gongadze v. Ukraine, Murder of the political journalist Georgiy Gongadze / Alleged implication of President Kuchma / Violation of the right to life and failure to investigate effectively (Article 2 ECHR) / Attitude of the investigation authorities toward the widow and her family constitutes degrading treatment (violation of Article 3) / No effective remedy (violation of Article 13)

27 HRLJ 45 (2006)

28957/95

Judgment (GC) of 11.07.2002, Goodwin, Christine v. United Kingdom, Denying legal recognition to the change of gender of a post-operative transsexual no longer sustainable / Modification of established case-law on Articles 8 and 12 ECHR (respect for private life and right to marry)

23 HRLJ 72 (2002)

17488/90

Judgment (GC) of 27.03.1996, Goodwin, William v. United Kingdom, Unjustified limitations on the confidentiality of journalistic sources

17 HRLJ 111 (1996)

74969/01

Judgment of 26.02.2004, Görgülü v. Germany, Denial of custody and access rights for the biological father concerning a child born out of wedlock infringes his right to respect for family life (Article 8 ECHR)

25 HRLJ 93 (2004)

8307/11

Judgment of 16.10.2014, Göthlin v. Sweden, Deprivation of liberty to “secure the fulfilment of an obligation prescribed by law” / State’s decision to attach and sell the applicant’s property (a sawmill) to recover his tax debt / Applicant decides to hide the attached property and maintains his refusal to reveal the property’s location / Detention of the applicant during 42 days proportionate under the special circumstances of the case

34 HRLJ 418 (2014)

60041/08

Judgment of 23.11.2010, Greens and M.T. v. United Kingdom, Pilot judgment procedure adopted / Prisoners’ right to vote / here: elections to the European Parliament in 2009 and general elections in the UK in 2010 / Substantial delay in implementing the Hirst judgment rendered in 2005 / UK’s failure to introduce legislative proposals to put an end to the current incompatibility of the electoral law with Article 3 of Protocol No. 1 considered as “a threat to the future effectiveness of the Convention machinery” / Six-month time-limit fixed for the bringing forward of legislative proposals

30 HRLJ 238 (2009-2010)

69364/01

Decision of 07.02.2006, Grimaylo v. Ukraine, Necessity of a lawyer’s participation in a complex case / Applicant’s request to represent himself or to be represented by his wife rejected / Application struck out of the list of cases

27 HRLJ 465 (2006)

23472/03

Judgment of 21.07.2005, Grinberg v. Russia, Restrictions to freedom of expression (Article 10) for the protection of the reputation of others / Obligation to prove the truthfulness of “statements” without distinction between facts and value judgments violates Article 10

28 HRLJ 293 (2007)

36117/02

Decision of 13.02.2003, Grišankova and Grišankovs v. Latvia, Educational Act 1998 foresees Latvian as the only language of instruction in public schools / Latvian nationals of Russian origin failed to introduce a constitutional complaint / Application inadmissible

24 HRLJ 357 (2003)

14967/89

Judgment (GC) of 19.02.1998, Guerra and Others v. Italy, Failure to provide local population with information about risk factor of a nearby chemical factory / Violation of Article 8 ECHR

19 HRLJ 351 (1998)

8990/80

Judgment of 10.07.1984, Guincho v. Portugal, Length of civil proceedings to recover damages

6 HRLJ 299 (1985)

14277/04

Judgment (GC) of 12.02.2008, Guja v. Moldova, Civil servant’s freedom of expression / Dismissal of the head of the press department at the Prosecutor General’s Office after passing two letters to a national newspaper disclosing interference by a high-ranking politician in pending criminal proceedings (police brutality) / Violation of Article 10 ECHR

29 HRLJ 80 (2008)

29612/05 et al.

Judgment of 04.10.2011, Güler and Öngel v. Turkey, Protest against the 2004 NATO summit in Istanbul / Use of excessive force to disperse the crowd / Applicants, rendered unfit to work for seven days, not among the demonstrators who had attacked and resisted the police officers / Violation of Article 3

31 HRLJ 229 (2011)

17081/06

Judgment of 06.10.2015, Gültekin and Others v. Turkey, Death by acute liver failure during compulsory military service / Seven-day delay before referral to hospital / Violation of Article 2 / Failure to comply with positive obligation to protect the right of life

35 HRLJ 342 (2015)

15573/89

Judgment (GC) of 25.04.1996, Gustafsson, Torgny v. Sweden, Employer’s disagreement with collective bargaining system

17 HRLJ 118 (1996)

15573/89

Judgment (GC, Revision) of 30.07.1998, Gustafsson, Torgny v. Sweden, Employer’s disagreement with collective bargaining system / Request for revision of the Court’s judgment dismissed

19 HRLJ 254 (1998)

7367/76

Judgment (Plenary Court) of 06.11.1980, Guzzardi v. Italy, Detention without trial of suspected Mafia member

1 HRLJ 257 (1980)

71891/01

Judgment of 02.07.2002, Hałka and Others v. Poland, Imprisonment in a labour camp in Siberia in 1944-1946 / Next of kin suffer from excessive length of proceedings (case lay dormant for six years) / Warsaw Regional Court inundated with thousands of compensation claims based on the 1991 Act

23 HRLJ 220 (2002)

58688/11

Judgment of 20.11.2012, Harabin v. Slovakia, Disciplinary sanction imposed on the President of the Supreme Court by the Constitutional Court / Plenary decision of the Constitutional Court challenged for bias / Dispute over “civil rights” / Right to an impartial tribunal violated

32 HRLJ 425 (2012)

36549/03

Application communicated on 05.07.2005, Harutyunyan v. Armenia, Evidence obtained under torture used in a criminal procedure

26 HRLJ 477 (2005)

36549/03

(Judgment rendered on 28.06.2007)

 

11826/85

Judgment (Plenary Court) of 29.10.1991, Helmers v. Sweden, Private prosecution for defamation at university level / Court of Appeal’s denial of a public hearing violates Article 6 § 1 ECHR

12 HRLJ 359 (1991)

13616/88

Judgment of 22.09.1994, Hentrich v. France, State’s pre-emption over real property operated arbitrarily / Violation of Article 1 of Protocol No. 1 and of the principle of equality of arms (Article 6 §§ 1 and 2 ECHR)

15 HRLJ 317 (1994)

10533/83

Judgment of 24.09.1992, Herczegfalvy v. Austria, Detention and psychiatric treatment of a person of unsound mind / Violation of Article 5 § 4, Articles 8 and 10 ECHR

14 HRLJ 84 (1993)

81553/12

Application communicated on 04.11.2014, Hilal Mammadov v. Azerbaijan, Ill-treatment, arrest and detention

35 HRLJ 307 (2015)

81553/12

(Judgment rendered on 04.02.2016)

 

27765/09

Judgment (GC) of 23.02.2012, Hirsi Jamaa and Others v. Italy, Clandestine immigration by sea / Interception of migrants onto Italian military ships constitutes extra-territorial exercise of jurisdiction engaging the State’s responsibility / Returning migrants to Libya without examining their case exposed them to a risk of ill-treatment and amounted to collective expulsion

32 HRLJ 363 (2012)

74025/01

Judgment (GC) of 06.10.2005, Hirst (No. 2) v. United Kingdom, Prisoners’ right to vote / Breadth of the margin of appreciation / Imposition of a blanket restriction on all convicted prisoners in prison / General, automatic and indiscriminate restriction on the right to vote imposed by section 3 of the Representation of the People Act 1983 must be seen as falling outside “any acceptable margin of appreciation, however wide that margin may be” / Violation of Article 3 of Protocol No. 1

30 HRLJ 204 (2009-2010)

13092/87

Judgment of 09.12.1994, Holy Monasteries v. Greece, Legal rules governing agricultural and forest property of 8 Holy Monasteries in Greece / Right to property violated in 5 cases, no violation in the remaining 3 cases

16 HRLJ 30 (1995)

9852/03 et al.

Judgment of 29.11.2007, Hummatov v. Azerbaijan, Re-examination of the case of the applicant, convicted of high treason in 1996 (death penalty, commuted to life imprisonment in 1998), in the light of Azerbaijan’s commitment before the Council of Europe to review the cases of “political prisoners” / New trial started in 2002 / Applicant contracted tuberculosis in prison / Lack of adequate medical treatment, violation of Article 3 / Hearings held outside a regular courtroom in a remote and barely accessible high security prison, violation of Article 6 (public hearing)

28 HRLJ 347 (2007)

42571/98

Judgment of 13.09.2005, İ.A. v. Turkey, Enforcement of respect for religious beliefs / Publication of a novel considered insulting to the Muslim religion / Insignificant fine (equivalent to 16 US$) for the publisher no violation of Article 10 ECHR

27 HRLJ 105 (2006)

18888/02

Decision of 12.01.2006, İçyer v. Turkey, Effective enactment of measures after a pilot judgment of the Court to put an end to systemic problems / “Law on Compensation for Losses resulting from Terrorism and the Fight against Terrorism” / Compensation commissions operational, around 170,000 persons making use of this remedy / Applicant’s refusal retroactively to exhaust this newly created domestic remedy renders application inadmissible

27 HRLJ 209 (2006)

48787/99

Judgment (GC) of 08.07.2004, Ilaşcu and Others v. Moldova and Russia, Responsibility of Russia in respect of acts of the “Moldavian Republic of Transdniestria” / Positive obligations of the State of Moldova with regard to separatist parts of its territory over which it has no control

25 HRLJ 332 (2004)

48787/99

(Summary of statements by the witnesses before the Court’s delegates)

25 HRLJ 393 (2004)

15172/13

Judgment of 22.05.2014, Ilgar Mammadov v. Azerbaijan, Arrest and continued detention of an opposition politician in the absence of a “reasonable suspicion” / Restriction on the applicant’s liberty intended to silence him for criticizing the Government / Court’s judgment one of the rare examples of finding a violation of Article 18 in conjunction with Article 5 ECHR

34 HRLJ 126 (2014)

919/15 Judgment of 16.11.2017, Ilgar Mammadov v. Azerbaijan (No. 2), Serious shortcomings in criminal proceedings against prominent opposition politician, convicted of mass disorder following protests in the town of Ismayilli in 2013 / Those events already led to the applicant’s arrest and pre-trial detention (subject of the first Mammadov judgment of 22 May 2014, now referred back to the Court, see below at p. 476 ff.) / In the second case the criminal proceedings, taken as a whole, violated Article 6 § 1 of the Convention 37 HRLJ 325 (2017)

7615/02

Decision of 20.01.2005, Imakayeva v. Russia, Forced disappearance of a son in Chechnya / Forced disappearance of a husband after individual petition to Strasbourg / Intimidation of the applicant because of her application to the EurCourtHR / Application declared admissible

26 HRLJ 329 (2005)

7615/02

(Judgment rendered on 09.11.2006)

 

22774/93

Judgment (GC) of 28.07.1999, Immobiliare Saffi v. Italy, Tenant’s eviction proceedings / Refusal of police assistance / Violation of property rights and the right to a court

21 HRLJ 442 (2000)

22678/93

Judgment (GC) of 09.06.1998, Incal v. Turkey, Seizure of leaflets violates Article 10 ECHR / Presence of a military judge as member of the National Security Court violates Article 6 ECHR

20 HRLJ 12 (1999)

55120/00

Judgment of 16.06.2005, Independent News and Media and Independent Newspapers Ireland Ltd v. Ireland, Highest award ever made by a jury in a libel case against a media group (IR£300,000 [380,921 EUR]) / Alleged knowledge of democratic left leader Proinsias de Rossa about criminal “special activities” of his party / Conformity with Article 10 ECHR / Adequate safeguards against disproportionate awards

26 HRLJ 399 (2005)

13914/88

Judgment of 24.11.1993, Informationsverein Lentia and Others v. Austria, Prohibition against setting up and operating private radio or television stations because of monopoly of the Austrian Broadcasting Corporation infringes Article 10 ECHR

15 HRLJ 31 (1994)

803/02

Decision of 31.03.2005, Intersplav v. Ukraine, Delayed refunding of VAT to the applicant’s company / State debt (3.8 million euros) allegedly confirmed by court decisions / Applicability of Article 1 of Protocol No. 1 / Application declared admissible

27 HRLJ 478 (2006)

803/02

(Judgment rendered on 09.01.2007)

 

10640/05

Application communicated on 08.12.2008, Investment Metallurgical Union v. Ukraine, Privatization implemented in 2003 repealed after the Orange Revolution in 2005 concerning Kryvorizhstal, one of the world’s largest steel manufacturing companies / Kryvorizhstal shares withdrawn from the applicant’s company

29 HRLJ 474 (2008)

10640/05

(Case still pending as at 16 October 2017)

 

11339/85

Judgment of 19.02.1991, Isgrò v. Italy, No violation of fair trial (Article 6 ECHR) in a criminal conviction based in part on statements of a witness before an investigating judge and read out at trial

12 HRLJ 100 (1991)

13567/88

Judgment of 22.09.1993, Istituto di Vigilanza v. Italy, Commission’s request bringing the case before the Court exceeded referral deadline by one day

15 HRLJ 192 (1994)

42606/05

Judgment of 23.07.2013, İzci v. Turkey, Use of tear gas and excessive force during peaceful demonstration / Women’s Day 2005 in Istanbul / None of the police officers involved suspended from duty during the six-year-long criminal proceedings which ended up time-barred / Other police officers acquitted for lack of evidence / Acquittal strongly criticized by the Court since the police officers had covered their faces with gas masks and hidden their identification numbers / Applicant ill-treated in violation of Article 3 in its substantive and procedural aspects / State’s obligation to overcome systemic problem regarding use of physical force and/or tear gas by law enforcement personnel

33 HRLJ 35 (2013)

40035/98

Decision of 28.10.1999, Jabari v. Turkey, Expulsion of an Iranian woman from Turkey to Iran / Risk of death by stoning on account of adultery / Obligation to submit asylum request within five days / Application declared admissible

20 HRLJ 508 (1999)

40035/98

(Judgment rendered on 11.07.2000)

 

15088/89

Judgment of 23.06.1994, Jacubowski v. Germany, Significance of the doctrine of the margin of appreciation in commercial matters / Proportionality of restrictions to freedom of expression under Unfair Competition Act

15 HRLJ 358 (1994)

36757/97

Judgment of 06.02.2003, Jakupovic v. Austria, Expulsion and residence prohibition issued against a young (now 16 year-old) national from Bosnia-Herzegovina after two convictions for burglary / Respect for private life violated / National courts overstepped margin of appreciation

24 HRLJ 353 (2003)

21575/08

Application communicated on 27.09.2010, Jankovskis v. Lithuania, Refusal of internet access by prison authorities

31 HRLJ 496 (2011)

21575/08

(Judgment rendered on 17.01.2017)

 

15890/89

Judgment (GC) of 23.09.1994, Jersild v. Denmark, Conviction and sentence to a fine of a TV journalist for aiding and abetting the dissemination of racist statements / Violation of Article 10 ECHR

15 HRLJ 361 (1994)

59166/12

Judgment (GC) of 23.08.2016, J.K. and Others v. Sweden, Potential violation of the prohibition of inhuman and degrading treatment (Article 3) in the event of the applicants’ removal to Iraq / Rejection of asylum applications in 2011/2012 / Ex nunc evaluation of security situation in Iraq in 2016

36 HRLJ 429 (2016)

74613/01

Judgment of 12.07.2007, Jorgic v. Germany, Life imprisonment for genocide and murder committed in Bosnia / No violation of the nullum crimen sine lege principle by the domestic courts

28 HRLJ 104 (2007)

21794/08

Judgment of 26.03.2013, Jovanović, Zorica v. Serbia, Newborn babies “going missing” in State-run hospitals / Disappearance of the applicant’s son occurred in 1983 / Media started reporting on numerous cases in 2002 / Hundreds of parents applied in 2005 to Parliament seeking redress / Serbia’s various preliminary objections rejected / Continuing violation of the right to respect for family life established / Serbia obliged in the operative part of the judgment to provide “individual redress to all parents in a situation such as or sufficiently similar to the applicant’s”

33 HRLJ 44 (2013)

42387/13

Decision of 07.02.2017, K2 v. United Kingdom, Deprivation of UK citizenship and exclusion from the UK on account of terrorism-related activities and links to extremists / Application inadmissible as being manifestly ill-founded

37 HRLJ 138 (2017)

38311/02

Judgment (GC) of 15.02.2008, Kakamoukas and Others v. Greece, Quantum of awards for non-pecuniary damage in length-of-proceedings cases reduced by half compared to the Chamber judgment / New criterion based on large number of joint claimants / here: 58 applicants, acting together, challenging the lawfulness of an administrative decision

29 HRLJ 367 (2008)

47095/99

Judgment of 15.07.2002, Kalashnikov v. United Kingdom, Degrading treatment (Article 3 ECHR) diminishing human dignity due to severely overcrowded and insanitary environment in pre-trial facilities / Four years of detention on remand / 8-bed cell for up to 24 persons

23 HRLJ 378 (2002)

40016/98

Judgment of 24.07.2003, Karner v. Austria, Difference in treatment of homosexuals as regards succession to tenancies violates Articles 8 and 14 ECHR / Case continued after the applicant’s death, and in the absence of heirs wishing to pursue the application (“important question of general interest”, Article 37 ECHR)

24 HRLJ 343 (2003)

53659/07

Judgment of 11.10.2016, Kasparov v. Russia, Deprivation of liberty at Sheremetyevo airport, Moscow, preventing a political activist (former chess player) from attending an opposition demonstration on the occasion of the 2007 EU-Russia summit in Samara / Right to liberty and freedom of assembly (Articles 5 § 1 (c) and 11 ECHR) violated

37 HRLJ 130 (2017)

16969/90

Judgment of 26.05.1994, Keegan v. Ireland, Adoption of a child without knowledge or consent of the natural father violates Article 8 ECHR

15 HRLJ 193 (1994)

19986/06

Judgment of 10.04.2012, Kemaloğlu v. Turkey, Seven-year-old boy froze to death in a blizzard on his way home from school (classes ended earlier and the municipality’s shuttle did not come on time) / State’s positive obligation to protect the right to life / Violation of Article 2 ECHR / Refusal to grant legal aid violated the right of access to a court (Article 6 ECHR)

32 HRLJ 122 (2012)

65938/09

Decision of 01.06.2010, Kemevuako v. Netherlands, Admissibility criteria / Date of lodging an application / Running of the six-month period (Article 35 § 1 ECHR) / Application transmitted by fax / Necessity to submit the original of the application form within the eight-week time-limit set in the Practice Direction on the Institution of Proceedings / Date of postmark / Application declared inadmissible for being out of time

30 HRLJ 312 (2009-2010)

12325/86

Judgment of 27.11.1991, Kemmache (No. 1 and No. 2) v. France, Excessive length of pre-trial detention and of criminal proceedings in a case concerning importation, use and unlawful circulation of counterfeit money / Violation of Article 5 § 3 and Article 6 § 1 ECHR

13 HRLJ 42 (1992)

5667/02

Decision of 02.05.2006, Kerechashvili v. Georgia, Untrue assertions with the intention of misleading the Court / Application rejected as abusive

28 HRLJ 304 (2007)

32881/04

Judgment of 28.04.2009, K.H. and Others v. Slovakia, State’s positive obligations inherent in effective respect for one’s private life / here: eight Roma women’s right to make photocopies of their medical records to prove the suspicion that sterilisation was performed on them in hospital during their caesarean delivery / Hospital’s refusal violates Articles 6 and 8 ECHR (access to court, and respect for private life)

30 HRLJ 198 (2009-2010)

22877/04

Judgment of 02.10.2008, Khalidova and Others v. Russia, Abduction in Ingushetia / Court’s practice of establishing facts on which the parties disagree / Burden of proof shifted to the Government / Victims presumed dead following their unacknowledged detention by State servicemen / Violation of the right to life / Inhuman treatment in respect of the victim’s relatives

29 HRLJ 279 (2008)

35394/97

Judgment of 12.05.2000, Khan v. United Kingdom, Tape recording obtained by use of covert listening devices placed upon a private house and admitted as evidence / Violation of Article 8 ECHR / No violation of Article 6 (fair trial)

21 HRLJ 241 (2000)

57942/00

Decision of 19.12.2002, Khashiyev and Akayeva v. Russia, Killing of civilians in Chechen war / Applications declared admissible under Articles 2, 3 and 13 ECHR

23 HRLJ 474 (2002)

57942/00

(Judgment rendered on 24.02.2005)

 

41418/04

Judgment (GC) of 30.06.2015, Khoroshenko v. Russia, Family visits for life-sentence prisoner / Extremely harsh conditions during the first ten years of detention: Total ban on long-term visits, short-time visits (maximum duration four hours) only twice a year / State’s margin of appreciation overstepped / Violation of Article 8 (respect for private and family life)

35 HRLJ 84 (2015)

37201/97

Judgment (GC) of 22.03.2001, K.-H. W. v. Germany, Conviction of a former GDR soldier (border guard) for shooting to death an East German attempting to escape from the GDR across the border to West Germany in 1972 not contrary to Article 7 ECHR

22 HRLJ 92 (2001)

27700/15

Application communicated on 23.05.2017, Kılıc v. Austria, Missionary behaviour of Christian foster parents regarding Muslim children

37 HRLJ 235 (2017)

42908/98 et al.

Decision of 05.02.2004, Kirilova and Others v. Bulgaria, Failure of authorities to build and deliver apartments which were due as compensation for expropriation orders / Application declared admissible

25 HRLJ 144 (2004)

42908/98 et al.

(Judgment, merits, rendered on 09.06.2005)

 

42908/98 et al.

(Judgment, just satisfaction, rendered on 14.06.2007)

 

57028/00

Judgment of 03.03.2011, Klein v. Austria, Loss of lawyer’s pension rights even though pension contributions had been paid for 32 years before losing the right to practice as a result of bankruptcy proceedings / Violation of Article 1 of Protocol No. 1

31 HRLJ 418 (2011)

11613/85

Judgment of 24.09.1992, Kolompar v. Belgium, Lawfulness and length of detention with a view to extradition / No violation of Article 5 §§ 1 and 4 ECHR

14 HRLJ 89 (1993)

12843/87

Judgment of 28.11.1991, Koster v. Netherlands, Lack of promptness in the judicial review of detention on remand before a Military Court not justified by foreseeable military manoeuvre / Violation of Article 5 § 3 ECHR

13 HRLJ 46 (1992)

13942/88

Judgment of 19.04.1993, Kraska v. Switzerland, Failure of a member of the Federal Court to read the whole file concerning a public-law appeal / No violation of the principle of fair trial (Article 6 § 1 ECHR)

14 HRLJ 270 (1993)

39594/98

Judgment (GC) of 07.06.2001, Kress v. France, Presence of the commissaire du gouvernement at the deliberations of the Conseil d’Etat (supreme administrative Court in France) / Violation of Article 6(1) ECHR (principle of equality of arms)

22 HRLJ 103 (2001)

25498/08

Judgment of 02.05.2013, Kristiansen and Tyvik AS v. Norway, Patent rights protected for 20 years from the date of the filing of the patent application / Length of administrative proceedings (18 years) before patent authorities render right of access to court meaningless

33 HRLJ 155 (2013)

18535/91

Judgment of 27.10.1994, Kroon and Others v. Netherlands, Legal impossibility for married woman to deny her husband’s paternity of her child violates Article 8 ECHR

16 HRLJ 42 (1995)

11801/85

Judgment of 24.04.1990, Kruslin v. France, Telephone tapping infringed the right to respect for private life and correspondence / French law lacked reasonable clarity

11 HRLJ 156 (1990)

30210/96

Judgment (GC) of 26.10.2000, Kudła v. Poland, Lack of an effective remedy (Article 13 ECHR) in cases of excessive length of proceedings (Article 6 § 1 ECHR) / Modification of established case-law

21 HRLJ 451 (2000)

48778/99

Decision of 04.10.2001, Kutić v. Croatia, State’s responsibility for damages caused by terrorist acts stayed by Civil Procedure Act 1996 / New legislation still not enacted / Application declared admissible

23 HRLJ 159 (2002)

48778/99

Judgment of 01.03.2002, Kutić v. Croatia, Administration of justice stayed in 1996 for damages caused by terrorist acts / New legislation still not enacted / Violation of the right to obtain the “determination” of a dispute by a court

23 HRLJ 403 (2002)

27527/03

Judgment of 11.09.2007, L. v. Lithuania, Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents / Violation of the right to respect for private life (Article 8)

28 HRLJ 362 (2007)

47237/99

Decision of 02.07.2002, Lacko and Others v. Slovakia, Rights of Roma families affected by municipal resolutions in force for almost two years / Revocation of the resolutions in 1999 taken together with follow-up measures of redress implicate loss of victim status / Application declared inadmissible

23 HRLJ 215 (2002)

14861/89

Judgment of 22.09.1994, Lala v. Netherlands, Refusal of Court of Appeal to allow counsel to conduct the defence in the absence of the accused / Violation of Article 6 ECHR

15 HRLJ 342 (1994)

46043/14

Judgment (GC) of 05.06.2015, Lambert and Others v France, Artificial nutrition and hydration of a patient with severe brain damage caused 5 ½ years ago in a road traffic accident / Withdrawal of life-sustaining treatment (opposed by parts of the family) would not violate Article 2 / Doctor’s decision bound by law to a lengthy and meticulous procedure / State fulfilled its positive obligations under Article 2 (right to life)

35 HRLJ 61 (2015)

37536/97

Decision of 10.05.2001, Laukkanen and Others v. Finland, Grandparents seeking guardianship for their granddaughter born in 1983 / Access to court / National proceedings started in 1995 / Application, introduced in Strasbourg in July 1997, without follow-up to the age of majority of the child / Case withdrawn by the applicants / Case struck out of the list

22 HRLJ 283 (2001)

30814/06

Judgment (GC) of 18.03.2011, Lautsi and Others v. Italy, Decision whether crucifixes should be present in State-school classrooms falls within the margin of appreciation of the respondent State / Visibility of crucifixes in the school environment not to be seen as indoctrination / No violation of respect for parents’ religious and philosophical convictions (Article 2 of Protocol No. 1 of the Convention)

31 HRLJ 166 (2011)

23413/94

Judgment of 09.06.1998, L.C.B. v. United Kingdom, Lack of health protecting measures in view of the unknown degree of a father’s irradiation during the 1957 and 1958 Christmas Island nuclear tests allegedly causing leukaemia in his 1966 born child / No violation of Articles 2 and 3 ECHR

19 HRLJ 372 (1998)

6878/75

Judgment (merits) of 23.06.1981, Le Compte, Van Leuven and De Meyere v. Belgium, Disciplinary proceedings and the right to a fair trial

2 HRLJ 349 (1981)

6878/75

Judgment (just satisfaction) of 18.10.1982, Le Compte, Van Leuven and De Meyere v. Belgium

5 HRLJ 236 (1984)

12369/86

Judgment of 26.06.1991, Letellier v. France, 2 years and 9 months of pre-trial detention on account of accessory to murder / Necessity to establish the grounds for refusal to release / Violation of Article 5 § 3

12 HRLJ 302 (1991)

44774/98

Judgment (GC) of 10.11.2005, Leyla Şahin v. Turkey, Ban on wearing the Islamic headscarf in Turkish universities no violation of religious freedom / Interference justified in principle and proportionate to the aim pursued / No violation of the right to education / Grand Chamber confirms the Chamber judgment

26 HRLJ 166 (2005)

9815/82

Judgment (Plenary Court) of 08.07.1986, Lingens v. Austria, Disproportional limitation of freedom of opinion by obligation to prove the truth of value-judgment / Public controversy between the journalist Lingens and the politician Kreisky

7 HRLJ 307 (1986)

15318/89

Judgment (preliminary objections) of 23.03.1995, Loizidou v. Turkey, First case against Turkey before the Court / Access to property in northern Cyprus

16 HRLJ 15 (1995)

15318/89

Judgment (GC, merits) of 18.12.1996, Loizidou v. Turkey, Violation of the ECHR due to continuous denial of access to property in northern Cyprus

18 HRLJ 50 (1997)

15318/89

Judgment (GC, just satisfaction) of 28.07.1998, Loizidou v. Turkey, Non-pecuniary damage 405.000 £ awarded

19 HRLJ 260 (1998)

12490/86

Judgment of 26.11.1992, Lombardo, Giancarlo v. Italy, Excessive length of civil proceedings in Court of Audit (more than 8 years) / Violation of Article 6 § 1 ECHR

14 HRLJ 274 (1993)

16798/90

Judgment of 09.12.1994, López Ostra v. Spain, Nuisance caused by a waste-treatment located near to housing / Violation of Article 8 ECHR

15 HRLJ 444 (1994)

9019/80

Judgment of 23.02.1984, Luberti v. Italy, Lawfulness of a confinement in a psychiatric hospital

6 HRLJ 242 (1985)

12433/86

Judgment of 15.06.1992, Lüdi v. Switzerland, Telephone interception combined with the intervention of undercover agent no violation of private life

13 HRLJ 437 (1992)

33692/02

Decision of 01.07.2003, Lunguli v. Sweden, Risk of being subjected to female genital mutilation in Tanzania / Interim measures indicated / Swedish government eventually grants permanent residence permit / Case struck out of the list

24 HRLJ 356 (2003)

19359/04

Judgment of 17.12.2009, M. v. Germany, Retrospective extension of preventive detention (Sicherungsverwahrung) from a maximum of ten years to an unlimited period of time with reference to the risk that the applicant might commit further serious offences / Unlawful deprivation of liberty (Article 5 § 1 ECHR) / Preventive detention under the German Criminal Code to be qualified as “penalty” for the purposes of Article 7 § 1 ECHR (nulla poena sine lege)

30 HRLJ 137 (2009-2010)

18030/11

Judgment (GC) of 8.11.16, Magyar Helsinki Bizottság v. Hungary, Authorities’ refusal to provide an NGO with information relating to the work of ex officio defence counsel / Violation of the right of access to information (Article 10 of the Convention)

36 HRLJ 395 (2016)

7023/03

Judgment of 24.02.2005, Makarova and Others v. Russia, Lack of funds no justification for non-enforcement (almost four years) of final judgments awarding arrears of pension payments / Violation of the right to a court and to the peaceful enjoyment of possessions / Operative part of the judgment emphazises the obligation to secure the enforcement of the awards made by the domestic courts

28 HRLJ 426 (2007)

8691/79

Judgment (Plenary Court) of 02.08.1984, Malone v. United Kingdom, Interception of communications and “metering” of telephones

5 HRLJ 319 (1984)

46827/99

Judgment (GC) of 04.02.2005, Mamatkulov and Askarov v. Turkey, Binding effect of interim measures / Grand Chamber confirms the Chamber judgment challenged by Turkey / Breach of obligations under Article 34 ECHR by failing to comply with interim measures indicated under Rule 39 of the Rules of Court

26 HRLJ 39 (2005)

13037/87

Judgment of 03.12.1991, Manunza v. Italy, Case struck out of the list due to implied withdrawal owing to applicant’s death / Length of civil proceedings to obtain disability pension
● (see also the systematic survey regarding length of proceeding cases, ibid. at p. 54)

13 HRLJ 51 (1992)

1638/03

Judgment (GC) of 23.06.2008, Maslov v. Austria, Expulsion measures against a lawfully resident juvenile migrant who committed mostly non-violent offences while a minor / Violation of the right to respect for private and family life

29 HRLJ 70 (2008)

22662/13 et al.

Cases communicated on 12.12.2013 (Matiošaitis) and on 07.07.2015 (7 Others), Matiošaitis and Others (7 applicants) v. Lithuania, Life imprisonment without possibility of parole / Request for pardon

35 HRLJ 309 (2015)

22662/13

(Judgment of 23.05.2017: Struck out / Absence of intention to pursue petition)

 

15777/89

Judgment of 16.09.1996, Matos e Silva, Lda, and Others v. Portugal, Land affected by public-interest declaration as a preliminary to its expropriation in order to set up a nature reserve at the Algarve coast / Autonomous meaning of “possessions” under Article 1 of Protocol No. 1

17 HRLJ 428 (1996)

31260/04

Partial decision on admissibility of 14.09.2004, Matsiukhina and Matsiukhin v. Sweden, Risk of inhuman or degrading treatment in case of expulsion to Belarus / Examination of the case adjourned

25 HRLJ 311 (2004)

31260/04

Final decision on admissibility of 21.06.2005, Matsiukhina and Matsiukhin v. Sweden, Strong indications that documents submitted to the Court are falsifications / here: Asylum seekers from Belarus / Applicants obviously acting mala fide and unable to provide satisfactory explanation for alleged inaccuracies in their submissions / Application declared inadmissible being manifestly ill-founded

27 HRLJ 449 (2006)

24833/94

Judgment (GC) of 18.02.1999, Matthews v. United Kingdom, Denial of the right to vote in the election of the European Parliament in Gibraltar in 1994 violates Article 3 of Protocol No. 1

20 HRLJ 4 (1999)

18984/91

Judgment (GC) of 27.09.1995, McCann and Others v. United Kingdom, Killing by members of the security forces of three members of the IRA suspected of involvement in a bombing mission declared, by ten votes to nine, contrary to Article 2 ECHR

16 HRLJ 260 (1995)

31253/96

Judgment (GC) of 21.11.2001, McElhinney v. Ireland, Prevailing immunity of a foreign state [the UK] in respect of a compensation claim before Irish courts for alleged assault, trespass to the person, negligence and breach of duty by a British soldier / No violation of Article 6 § 1 ECHR

23 HRLJ 57 (2002)

21825/93

Judgment of 09.06.1998, McGinley and Egan v. United Kingdom, Access to records relating to the applicants’ participation in Christmas Island nuclear tests under Rule 6 of the Pensions Appeal Tribunals (Scotland) Rules / No violation of Article 6 § 1 ECHR

19 HRLJ 359 (1998)

39511/98

Decision of 08.06.1999, McGuinness v. United Kingdom, Oath of allegiance to the British monarchy as a condition for elected MPs to take their seats in Parliament and to have access to the House of Commons’ facilities compatible with the ECHR / Application declared inadmissible being manifestly ill-founded

20 HRLJ 311 (1999)

13770/88

Judgment of 12.05.1992, Megyeri v. Germany, Failure to appoint lawyer to assist applicant in proceedings concerning his possible release from detention in a psychiatric hospital / Violation of Article 5 § 4 ECHR

13 HRLJ 206 (1992)

17707/02

Judgment of 19.10.2004, Melnychenko v. Ukraine, Refusal to register a candidate in parliamentary election despite a valid registered place of legal residence in Ukraine / Proof by internal passport (propiska) / Refugee status in the USA / Objective fear of persecution after release of tapes incriminating President Kuchma in disappearance and murder of a journalist (Gongadze) / Violation of Article 3 of Protocol No. 1

27 HRLJ 56 (2006)

72508/13

Judgment of 14.06.2016, Merabishvili v. Georgia, Pre-trial detention of former Prime Minister of Georgia (in office several months in 2012) was lawful and based on reasonable grounds (he was later convicted with offences including vote-buying and misappropriation of property), but his detention was also used as a means to exert pressure on him in another unrelated investigation / Violation of Article 18 taken in conjunction with Article 5 § 1

36 HRLJ 50 (2016)

72508/13

(Pending before the Grand Chamber since 17 October 2016)

 

17056/06

Judgment (GC) of 15.10.2009, Micallef v. Malta, Interpretation of Article 34 ECHR, victim status of the applicant upheld / Application lodged on behalf of the applicant’s sister who died while her constitutional claim concerning the alleged breach of her right to fair trial (Article 6 ECHR) was pending / Change of the Court’s case-law in respect of the applicability of Article 6 ECHR (determination of civil rights and obligations) to injunction proceedings / Lack of statutory right to challenge a judge on the basis of his/her family ties with the party’s advocate violates Article 6 (impartiality requirement)

30 HRLJ 274 (2009-2010)

78851/16 Application communicated on 22.06.2017, Michalski v. Poland, Prisoner’s complaints invoking eye problems disregarded over 8 years despite corresponding ophthalmologist’s diagnosis / Refusal to exempt from court fees prevents civil action 37 HRLJ 480 (2017)

12323/11

Judgment of 06.12.2012, Michaud v. France, Fight against money laundering / Implementation of European directives / Presumption of “equivalent protection” does not apply since the Conseil d’Etat did not refer the case to the ECJ in Luxembourg / Lawyers’ obligations to report suspicions concerning clients’ possible unlawful activities no disproportionate interference with the professional privilege

32 HRLJ 403 (2012)

77617/01

Judgment of 26.01.2006, Mikheyev v. Russia, Ill-treatment during police custody amounting to torture / Lack of effective independent investigation into alleged ill-treatment by State agents / Violation of Articles 3 and 13 ECHR / Government’s refusal to provide relevant documents and information to the EurCourtHR

27 HRLJ 65 (2006)

77631/01

Decision of 19.03.2002, Milošević v. Netherlands, Application against detention at the International Criminal Tribunal for the Former Yugoslavia (ICTY) declared inadmissible / Non-exhaustion of local (Dutch) remedies

23 HRLJ 65 (2002)

8660/79

Judgment of 25.03.1983, Minelli v. Switzerland, Presumption of innocence

4 HRLJ 215 (1983)

15530/89

Judgment of 25.03.1996, Mitap and Müftüoğlu v. Turkey, Consideration of the length of criminal proceedings which started in 1981 and ended in 1995 / Jurisdiction ratione temporis began to run on 22 January 1990 when Turkish declaration under Article 46 ECHR was deposited

17 HRLJ 417 (1996)

39339/98

Judgment of 08.04.2003, M.M. v. Netherlands, Private recording of an incoming telephone call in order to prove sexual harassment / Perpetrator of the harassment protected by Article 8 ECHR / Assistance of the police as interference by a “public authority”

24 HRLJ 348 (2003)

41138/98 et al.

Judgment of 05.07.2005, Moldovan and Others (No. 1) v. Romania, Friendly settlement in a case of degrading treatment / Case of 18 applicants out of 25 struck out of the list

 HRLJ 216 (2005)

41138/98 et al.

Judgment of 12.07.2005, Moldovan and Others (No. 2) v. Romania [regarding the remaining 7 applicants], Living conditions of, and discrimination against, Roma villagers following the killing of fellow Roma and the destruction of their homes / Interference with human dignity amounted to degrading treatment / Violation of Article 3 ECHR

26 HRLJ 201 (2005)

19867/12 Judgment (GC) of 11.07.2017, Moreira Ferreira v. Portugal (No. 2), Applicant -- in respect of whom the EurCourtHR delivered a judgment in 2011 finding a violation of the Convention in a criminal case -- complained that the Supreme Court in 2012 unlawfully dismissed her application for a review of the 2007 Court of Appeal judgment / Safeguards of Article 6 § 1 applicable to reopening proceedings / here: No violation of fair trial guarantee 37 HRLJ 282 (2017)

29369/10

Judgment (GC) of 23.04.2015, Morice v. France, Lawyer’s conviction for defamation disproportionate / Freedom of expression outside the courtroom / Value judgments with sufficient “factual basis” regarding two judges / Impugned remarks made in the context of the judicial investigation opened following the death of a French judge, Bernard Borrel, who had been seconded to the Djibouti Ministry of Justice as a technical adviser

35 HRLJ 133 (2015)

38784/97

Judgment of 26.02.2002, Morris v. United Kingdom, Notion of an independent tribunal (Article 6 § 1) related to the general structure of a court martial system / Sufficient safeguards against outside pressure required (not guaranteed for army officers appointed on an ad hoc basis)

23 HRLJ 225 (2002)

72881/01

Judgment of 05.10.2006, Moscow Branch of the Salvation Army v. Russia, Re-registration of religious organisations required by the 1997 Religious Act / Reasons invoked to deny re-registration without legal or factual basis / Violation of religious freedom and freedom of association

27 HRLJ 420 (2006)

48009/08

Judgment of 10.05.2011, Mosley v. United Kingdom, General framework for balancing rights of privacy (Article 8 ECHR) and freedom of expression (Article 10 ECHR) in the domestic legal order / here: Front page article in News of the World including intimate photographs, taken from secretly recorded video footage about sexual activities of the applicant / Absence of any legal requirement for newspapers to give advance notice before publishing details of a person’s private life no violation of Article 8 ECHR

31 HRLJ 404 (2011)

12313/86

Judgment of 18.02.1991, Moustaquim v. Belgium, Expulsion of a “second generation” (Moroccan) immigrant violates the right to respect for his family life (Article 8 ECHR)

12 HRLJ 85 (1991)

30696/09

Judgment (GC) of 21.01.2011, M.S.S. v. Belgium and Greece, Degrading treatment of an Afghan asylum-seeker who entered the EU via Greece / Applicant’s transfer from Belgium to Greece under the Dublin Regulation / Belgium held responsible in view of well-known deficiencies in the asylum procedure and living conditions prevailing in Greece / Greece held responsible for the applicant having been homeless for months and having lived in constant fear of being attacked and robbed / Violation of Article 3 and Article 13 (failure to foresee effective remedy) in respect of both countries / With separate opinions

31 HRLJ 121 (2011)

18731/91

Judgment (GC) of 08.02.1996, Murray, John v. United Kingdom, Presumption of innocence (Article 6 ECHR) / Drawing of inferences from applicant’s silence and access to lawyer during first 48 hours of detention

17 HRLJ 39 (1996)

14310/88

Judgment (GC) of 28.10.1994, Murray, Margaret and Others v. United Kingdom, Balance between protection of individual rights (liberty of person / respect for private life) and arrest and detention in Northern Ireland under the Emergency Provisions Act 1978

15 HRLJ 331 (1994)

12217/86

Judgment of 23.10.1991, Muyldermans v. Belgium, Proceedings without public hearing concerning liability of post office accountant for cash shortage / Friendly settlement including waiver to enforce judgment of the Audit Court ordering the applicant to pay 2 million BEF (about 58,000 US$) / Case struck out of the list

12 HRLJ 453 (1991)

50859/10

Judgment of 27.06.2013, M.Y.H. and Others v. Sweden, Situation of Christians in Iraq / here: life-threatening harassment in 2006 in Baghdad / Request for asylum rejected / Expelling State may rely on safe relocation alternative in the three northern governorates forming the Kurdistan Region of Iraq

33 HRLJ 311 (2013)

38885/02

Decision of 23.09.2003, N. v. Finland, Political situation in the Democratic Republic of Congo / Application against threatened deportation declared admissible

24 HRLJ 476 (2003)

38885/02

Judgment of 26.07.2005, N. v. Finland, Impending expulsion to the Democratic Republic of Congo of an alleged collaborator of former President Mobutu / Expulsion “at this moment in time” would amount to a violation of Article 3 ECHR / Finding in itself considered sufficient just satisfaction for any non-pecuniary damage

26 HRLJ 373 (2005)

26565/05

Judgment (GC) of 27.05.2008, N. v. United Kingdom, Proposed removal of an AIDS patient to her country of origin (Uganda), where access to appropriate medical treatment was uncertain / Court maintains high threshold set in 1997 regarding inhuman treatment / Expulsion would be no violation of Article 3

29 HRLJ 289 (2008)

43577/98 et al.

Judgment (GC) of 06.07.2005, Nachova and Others v. Bulgaria, Excessive use of firearms by military police / Shooting of two unarmed Roma fugitives during attempted arrest / Violation of the right to life (Article 2 ECHR) / Racist motives not proved / Grand Chamber modifies the Chamber judgment as to the burden of proof / Failure to investigate possible racist motives violates Article 14, taken together with Article 2 ECHR

26 HRLJ 185 (2005)

10593/08

Judgment (GC) of 12.09.2012, Nada v. Switzerland, Implementation by Switzerland of UN counter-terrorism resolutions / Ban on entering or transiting through Swiss territory / here: exceptional geographical circumstances, the applicant living in Campione d’Italia (Italian enclave of 1.6 sq. km inside the Swiss Canton of Ticino) / Restriction in force during six years / Violation of the right to respect for private life and the right to an effective remedy (Articles 8 and 13 ECHR)

32 HRLJ 129 (2012)

35589/08

Judgment (GC) of 30.03.2017, Nagmetov v. Russia, Grand Chamber held by 14:3 votes that exceptional circumstances may call for a just-satisfaction award in respect of non-pecuniary damage (here: 50,000 Euros), notwithstanding the absence of a properly made “claim” (as required under Rule 60 of the Rules of Court) / Context: violation of the right to life of the applicant’s son and the lengthy and defective investigation into the death caused by an agent of the State (use of a tear-gas grenade)

37 HRLJ 144 (2017)

51891/99

Decision of 04.05.2000, Naletilić v Croatia, Criminal proceedings before the International Criminal Tribunal for the Former Yugoslavia (ICTY) / Application based on Convention rights declared inadmissible being manifestly ill-founded

21 HRLJ 450 (2000)

40397/12

Decision of 19.02.2013, Neij and Others v. Sweden, Copyright-protected music, films and computer games / Applicants, involved in “The Pirate Bay” (TPB), one of the world’s largest file sharing services on the Internet, charged with complicity to commit crimes in violation of the Copyright Act / Conviction no violation of the right to freedom of expression / Application declared inadmissible being manifestly ill-founded

33 HRLJ 151 (2013)

48672/99

Judgment of 15.11.2001, Nemec and Others v. Slovakia, Length of civil proceedings (copyright action) exceeds nine years / Delays and period of inertia violate Article 6 § 1 of the Convention

23 HRLJ 223 (2002)

11662/85

Judgment (Plenary Court) of 23.05.1991, Oberschlick v. Austria, Obligation to prove the truth of a value judgment violates freedom of expression / Unlawful conviction of a journalist for defamation of a politician

12 HRLJ 238 (1991)

13585/88

Judgment (Plenary Court) of 26.11.1991, Observer and Guardian v. United Kingdom, Violation of Article 10 ECHR on account of interlocutory injunctions imposed on the publication of details about the British Security Service, described in the book “Spycatcher”

13 HRLJ 7 (1992)

46221/99

Decision of 14.12.2000, Öcalan v. Turkey, Arrest of the PKK leader in Kenya / Detention on the island of İmralı / Death penalty imposed by the National Security Court / Application declared admissible

21 HRLJ 488 (2000)

46221/99

Chamber judgment of 12.03.2003, Öcalan v. Turkey, Extradition in disguise not as such contrary to the Convention / Applicant’s arrest and transferral from Kenya to Turkey no violation of Article 5 § 1 ECHR / Proceedings before the Ankara State Security Court unfair / Imposition of the death penalty following an unfair trial violates Article 3 ECHR

24 HRLJ 174 (2003)

46221/99

Judgment (GC) of 12.05.2005, Öcalan v. Turkey, Death sentence imposed but not carried out and subsequent removal of risk of execution / No violation of the right to life / Imposition of death penalty (not carried out) following unfair proceedings considered inhuman treatment / Grand Chamber confirms the Chamber judgment

26 HRLJ 219 (2005)

12565/86

Judgment of 27.11.1991, Oerlemans v. Netherlands, Access to a court to challenge the designation of the applicant’s farmland as protected natural site / No breach of Article 6 § 1 ECHR

13 HRLJ 34 (1992)

14385/04

Judgment of 19.12.2006, Oferta Plus S.R.L. v. Moldova, Importation of electricity from Ukraine to Moldova / Longterm non-enforcement of a final judgment delivered in 1999 in favour of the applicant company (amount to pay equivalent to 4.2 million US$) / Wrongful quashing of the final judgment in 2004 / Violation of the principle of legal certainty / Arbitrary criminal proceedings against the chief executive officer of the applicant company and interference with the lawyer-client privilege aimed at discouraging the company from pursuing the case before the EurCourtHR / Violation of the right to petition (Article 34)

28 HRLJ 412 (2007)

21594/93

Judgment (GC) of 20.05.1999, Oğur v. Turkey, Night-watchman (the applicant’s son) killed during an armed operation of security forces in search of PKK members / Violation of Article 2 ECHR / Flagrant lack of diligence in the conduct of the investigation / FF 100,000 for non-pecuniary damage / Compensation for pecuniary damage not awarded

20 HRLJ 213 (1999)

476/07 et al.

Judgment of 28.07.2009, Olaru and Others v. Moldova, Pilot judgment procedure adopted / Moldova required to introduce an effective remedy securing redress for non-enforcement or delayed enforcement of judgments and to grant redress to all victims in pending cases (approximately 300) / Persistent structural dysfunction established / here: housing rights or money in lieu under legislation that bestows such rights on a very wide category of beneficiaries at the expense of municipal authorities who claim that they do not have the necessary funds

30 HRLJ 267 (2009-2010)

64284/01

Judgment of 28.11.2006, Oleksy v. Poland, Censorship of correspondence with the European Court of Human Rights / Issue raised ex officio / Violation of Article 8

28 HRLJ 133 (2007)

18766/11 et al.

Judgment of 21.07.2015, Oliari and Others v. Italy, Legal recognition of same-sex couples / Lack of reaction on behalf of the legislator to Constitutional Court judgments (inter alia case of Oliari decided in 2010) / Continuing international movement towards legal recognition reduces the State’s margin of appreciation with regard to core protection / Inability to marry or to enter into a civil union violates the applicants’ right to respect for private and family life (Article 8)

35 HRLJ 392 (2015)

13441/87

Judgment of 27.11.1992, Olsson (No. 2) v. Sweden, Access to children taken into public care / Restrictions on access and absence of judicial review in violation of Articles 8 and 6 § 1 ECHR

14 HRLJ 98 (1993)

61651/00

Judgment of 14.06.2005, OOO Rusatommet v. Russia, Non-enforcement (as yet) of a judgment rendered in 2002 / Government ordered to pay the applicant company (debt collector) 100,000 US$ / Violation of the right to a court and to the peaceful enjoyment of possessions / Award of just satisfaction limited to non-pecuniary damage

28 HRLJ 432 (2007)

14234/88

Applications communicated 06.05.1991, Open Door Counselling Ltd and Dublin Well Woman Centre Ltd and Others v. Ireland, Application referred to the Court concerning counselling of pregnant women in Ireland on abortion in foreign clinics

12 HRLJ 479 (1991)

14234/88

Judgment (Plenary Court) of 29.10.1992, Open Door and Dublin Well Woman v. Ireland, Injunction preventing two Irish counselling agencies from providing women with information concerning abortion facilities abroad violates Article 10 ECHR

13 HRLJ 378 (1992)

33401/02

Judgment of 09.06.2009, Opuz v. Turkey, Protection against domestic violence, namely the vulnerable situation of women in south-east Turkey / Fatal injuries sustained by the applicant’s mother, authorities’ awareness of the perpetrator’s history of violence / Violation of the State’s positive obligation to protect the applicant’s mother’s right to life (Article 2 ECHR) / Insensitivity and tolerance shown by State authorities in the face of domestic violence made the applicant feel debased, hopeless and vulnerable (violation of Article 3 ECHR, inhuman treatment) / General and discriminatory judicial passivity to be regarded as gender-based violence (violation of Article 14 ECHR)

30 HRLJ 154 (2009-2010)

8139/09

Judgment of 17.01.2012, Othman (Abu Qatada) v. United Kingdom, Suspected Islamist terrorist may not be deported to Jordan despite diplomatic assurances which will protect him from torture / It remains a real risk that evidence of co-defendants, obtained through torture, would be admitted by Jordanian courts at retrial / Torture evidence for the first time qualified as flagrant denial of justice in violation of Article 6 ECHR

32 HRLJ 85 (2012)

13470/87

Judgment of 20.09.1994, Otto-Preminger-Institut v. Austria, Seizure and forfeiture of a film considered blasphemous / No violation of Article 10 ECHR

15 HRLJ 371 (1994)

12144/86

Judgment of 28.06.1991, Owners’ Services Ltd v. Italy, Length of civil proceedings concerning erroneous payment of 29.8 million lire / Decision to strike the case out of the list after “withdrawal” by the applicant

12 HRLJ 371 (1991)

8544/79

Judgment (Plenary Court) of 21.02.1984, Öztürk v. Germany, Right to free assistance of an interpreter in judicial proceedings concerning a “regulatory offence”

5 HRLJ 293 (1984)

57375/08

Judgment of 30.10.2012, P. and S. v. Poland, Pregnancy resulting from rape / Striking discordance between the theoretical right to lawful abortion and the reality experienced by the applicants (a 14-year old girl P. and her mother S.) / State hospital doctors invoke “conscience clause” and inform a priest to contact the girl / Hospital issues a press release / Court order places the girl under “educational supervision” to prevent abortion / State’s positive obligation to respect for private life / Prohibition of ill-treatment, right to liberty violated

32 HRLJ 386 (2012)

20323/92

Judgment of 26.02.1998, Pafitis and Others v. Greece, Shareholders right to vote on increase in the company’s capital considered as a dispute over “civil rights and obligations” / Violation of Article 6 ECHR / Delays due i.a. to proceedings before the Court of Justice of the European Communities not to be attributed to the State

19 HRLJ 92 (1998)

8398/78

Judgment of 25.04.1983, Pakelli v. Germany, Free legal aid in criminal proceedings

5 HRLJ 242 (1984)

4704/04

Judgment of 15.02.2011, Palić v. Bosnia and Herzegovina, Disappearance of a Bosniac military commander captured by the VRS (Serbian forces) in 1995 / The applicant’s husband’s mortal remains located in 2009 / National authorities’ obligation to carry out a prompt and effective investigation into the disappearance to be seen within the specific circumstances of a post-war period / No violation of the Convention

32 HRLJ 353 (2012)

14556/89

Judgment of 24.06.1993, Papamichalopoulos and Others v. Greece, Unlawful occupation of property started under the dictatorship in 1967 still not remedied

15 HRLJ 190 (1994)

41738/10

Judgment (GC) of 13.12.2016, Paposhvili v. Belgium, Clarification of the Court’s approach hitherto regarding the threshold for the application of Article 3 ECHR (inhuman or degrading treatment) / Pre-conditions for lawful removal of aliens suffering from serious illness / Meaning of “very exceptional cases” in which, unlike in the case of N. v. UK [GC] judgment of 2008, removal would violate Article 3

37 HRLJ 85 (2017)

25358/12

Judgment (GC) of 24.01.2017, Paradiso and Campanelli v. Italy, Placement in social-service care of a 9-month-old child who had been born in Russia following a gestational surrogacy contract entered into with a Russian woman by an Italian couple who had no biological relationship with the child / The applicants allege that the removal from their care of the child violated their right to family life / The Court, refering to the State’s wide margin of appreciation, found no violation of the Convention

37 HRLJ 105 (2017)

10699/05

Judgment of 10.10.2006, Paulík v. Slovakia, Legal position created by a judgment in 1970 in contradiction to the real situation established by a DNA test in 2004 / Impossibility to challenge in court a judicial declaration of paternity / Violation of Article 8 (respect for private life)

27 HRLJ 456 (2006)

25277/94 et al.

Judgment of 12.10.1999, Perks and Others v. United Kingdom, Imprisonment for failure to pay a community charge (poll tax) / Applicants on income support without sufficient means to pay for legal representation / Violation of Article 6 §§ 1 and 3 c of the Convention

23 HRLJ 237 (2002)

4605/05

Judgment of 24.06.2014, Petrova v. Latvia, Organ transplantation without consent at a public hospital / Death of the applicant’s son (aged 29) following a car accident / Mother’s right to respect for private life violated

34 HRLJ 148 (2014)

56551/11

Decision of 18.10.2011, Petrović v. Serbia, “Brazen abuse” of the right of individual petition / Unprecedented sanction: Member of the Belgrade Bar Association banned from representing applicants before the Court at present and in the future / Applicant continued bringing hundreds of new cases, each time identifying himself as the applicant, but referring in the facts to events clearly related to other persons

31 HRLJ 232 (2011)

36494/02

Judgment of 24.02.2005, Petrushko v. Russia, Delay (about two years) in the execution of a final judgment granting monthly payments on account of the husband’s death during his military service in Chechnya / Preliminary objection as to the loss of victim status -- based on the payment, made after the notice of the application was given to the Government -- declared inadmissible / Violation of the right to a court (Article 6 § 1) and to the peaceful enjoyment of possessions (Article 1 of Protocol No. 1)

28 HRLJ 424 (2007)

12556/03

Judgment of 15.11.2007, Pfeifer v. Austria, Right to respect for private life (Article 8) v. right to freedom of political speech (Article 10) / Protection of a person’s reputation (Karl Pfeifer, editor of the official magazine of the Vienna Jewish community) prevails / Context: Ongoing political debate concerning the suicide committed by Professor P. (a political scientist) after being charged under the Nazi Prohibition Act on account of statements trivialising crimes of the Nazi regime

28 HRLJ 286 (2007)

10802/84

Judgment of 25.02.1992, Pfeifer and Plankl v. Austria, Doubt as to the impartiality of a tribunal / Disproportionate interference with prisoners’ correspondence

13 HRLJ 355 (1992)

13191/87

Judgment of 25.09.1992, Pham Hoang v. France, Drug related offences / Conformity of Customs Code with presumption of innocence (Article 6 §§ 1 and 2 ECHR) / Refusal to assign councel in Court of Cassation proceedings violates Article 6 § 3(c) ECHR

14 HRLJ 95 (1993)

12750/87

Judgment of 27.08.1991, Philis v. Greece, Denial of direct access to civil courts for engineers to assert their rights violates Article 6 § 1 ECHR

12 HRLJ 310 (1991)

8692/79

Judgment of 01.10.1982, Piersack v. Belgium, Impartiality of a tribunal

4 HRLJ 207 (1983)

12742/87

Judgment of 29.11.1991, Pine Valley Developments Ltd and Others v. Ireland, Exclusion from the benefits of remedial action taken by the legislature, subsequent to the Supreme Court’s decision to nullify a particular outline planning permission on strength of which the applicants had purchased land, violates Article 14 ECHR, taken in conjunction with Article 1 of Protocol No. 1

13 HRLJ 36 (1992)

25101/05 et al.

Decision of 03.07.2007, Poznanski and Others v. Germany, Forced labour in the Auschwitz concentration camp for an industrial corporation (I.G. Farben) / Extinguishment of civil claims by virtue of a law providing for a general compensation scheme / No violation of property rights / Application declared inadmissible being manifestly ill-founded

28 HRLJ 116 (2007)

7984/77

Judgment (Plenary Court) of 08.12.1983, Pretto and Others v. Italy, Public pronouncement of civil court judgments / Length of court proceedings

5 HRLJ 267 (1984)

2346/02

Judgment of 29.04.2002, Pretty v. United Kingdom, No right to assisted suicide under the Convention / Applicant in the face of terminal illness seeks to choose death rather than life / Physical incapacity to act accordingly without her husband’s help

23 HRLJ 194 (2002)

33394/96

Judgment of 10.07.2001, Price v. United Kingdom, Conditions of detention of a four-limb deficient Thalidomide victim / Violation of Article 3 (degrading treatment)

22 HRLJ 115 (2001)

69861/11

Judgment of 05.11.2015, Qing v. Portugal, Deprivation of liberty / Determination of “relevant” and “sufficient” grounds to justify lengthy detention on remand (19 months) in a case involving organised crime and a risk of absconding in view of the applicant’s Chinese nationality / Failure to provide explanation why the grounds regarding the initial detention remained unchanged for such a long time / Violation of Article 5 § 3

35 HRLJ 350 (2015)

12744/87

Judgment of 24.05.1991, Quaranta v. Switzerland, Right to free legal assistance as required in the “interests of justice”, Article 6 § 3(c) ECHR

12 HRLJ 249 (1991)

12899/06

Application communicated on 07.09.2010, Radu v. Romania, Obligation to provide running water / Unpayed water bills

30 HRLJ 492 (2009-2010)

12899/06

(Decision rendered on 27.01.2015: Application inadmissible being manifestly ill-founded)

 

59450/00

Judgment (GC) of 04.07.2006, Ramirez Sanchez (alias Carlos) v. France, Solitary confinement for an applicant (Carlos) considered in the 1970s as one of the world’s most dangerous terrorists / Life sentence in 1997 for the murder of two police officers in 1975 / 8 years’ solitary confinement (1994-2002) no violation of Article 3 ECHR / Special circumstances, i.a. frequent visits from one or more of his 58 lawyers (one being his wife) / Applicant still unwilling to express any remorse to the victims of his crimes (himself admitting the number of killed persons at between 1,500 and 2,000)

27 HRLJ 175 (2006)

25424/05

Decision of 27.05.2008, Ramzy v. Netherlands, Alleged risk of ill-treatment in case of expulsion to Algeria / Respondent Government complies with interim measure indicated under Rule 39 of the Rules of Court / Applicant suspected to be involved with Islamic extremist terrorism and to represent a risk to national security / Application declared admissible

29 HRLJ 184 (2008)

25424/05

(Judgment rendered on 20.07.2010: Case struck out of the list; whereabouts of the applicant unknown)

 

8777/79

Judgment of 28.11.1984, Rasmussen v. Denmark, Time-limits to contest paternity

6 HRLJ 17 (1985)

69981/14

Application communicated on 03.12.2014, Rasul Jafarov v. Azerbaijan, Arrest of NGO activist

35 HRLJ 306 (2015)

69981/14

Judgment of 17.03.2016, Rasul Jafarov v. Azerbaijan, Unjustified arrest and pre-trial detention of an NGO activist charged with serious criminal offences whose core constituent elements could not be found on the existing facts / Authorities’ actions driven by improper reasons to silence and punish the applicant for his activities in the area of human rights / Violation of Article 18 taken in conjunction with Article 5

36 HRLJ 32 (2016)

12366/86

Judgment of 22.04.1992, Rieme v. Sweden, Implementation of public care of applicant’s daughter and subsequent prohibition on removing her from the foster home justified under Article 8 § 2 ECHR

13 HRLJ 421 (1992)

59552/08

Judgment (GC) of 27.01.2015, Rohlena v. Czech Republic, Conviction for having at least between 2000 and February 2006 repeatedly physically and mentally abused his wife while being drunk / Legal classification as a continuous offence according to a law introduced in 2004 did not constitute retroactive application of the law / No violation of Article 7 (Nulla poena sine lege)

35 HRLJ 106 (2015)

28341/95

Judgment (GC) of 04.05.2000, Rotaru v. Romania, Holding and use of information gathered by the Romanian Intelligence Service (RIS) between 1946 and 1948 / Law no. 14/1992 on the RIS no adequate and effective safeguard against abuse / Violation of Articles 8 and 13 ECHR

21 HRLJ 231 (2000)

19400/11

Judgment of 04.12.2012, R.R. and Others v. Hungary, Importance of witness protection / First applicant having become a collaborator of justice enabling the unravelling of criminal activities (Serbian mafia) / Ongoing risk of life-threatening vengeance regarding the applicant’s wife and their minor children / Unlawful withdrawal of cover identities / State’s positive obligation to protect the right to life

32 HRLJ 419 (2012)

12952/87

Judgment (Plenary Court) of 23.06.1993, Ruiz-Mateos v. Spain, Excessive length for restitution of expropriated property (more than 7 years) / Proceedings before the Constitutional Court violated principle of fair trial

14 HRLJ 257 (1993)

55066/00 et al.

Decision of 18.03.2004, Russian Conservative Party of Entrepreneurs, Zhukov and Vasilyev v. Russia, Registration of a political party’s list refused because of false representation by some of the candidates on the list / Subsequent impossibility for the party to stand for elections / Application declared admissible

25 HRLJ 149 (2004)

55066/00

(Judgment rendered on 11.01.2007)

 

45995/99

Decision of 19.10.2000, Rutkowski v. Poland, Limited State’s liability for official appointed counsel / Counsel’s refusal to lodge a remedy (cassation appeal with the Supreme Court) deemed without prospects of success no violation of the right of defence / Application declared inadmissible being manifestly ill-founded

22 HRLJ 451 (2001)

12629/87

Judgment of 28.11.1991, S. v. Switzerland, Seven months’ restrictions on free communication between an accused in pre-trial detention and his lawyer / Violation of Article 6 § 3(c) ECHR

12 HRLJ 427 (1991)

66523/10

Judgment of 27.06.2013, S.A. v. Sweden, Shiah Muslim woman intending to marry the applicant, a Sunni Muslim, killed in Southern Iraq by her father and two of her cousins / Applicant fears further honour-related crimes by his former fiancée’s family / Request for asylum rejected / Deportation would not violate the Convention / Sufficient relocation options since Sunni Muslims make up one third of Iraq’s population

33 HRLJ 326 (2013)

30562/04 et al.

Judgment (GC) of 04.12.2008, S. and Marper v. United Kingdom, Indefinite retention of fingerprint and DNA material in the context of criminal proceedings of persons who had been suspected, but not convicted / Right to respect for private life violated, irrespective of whether subsequent use is made of those data / State has “overstepped any acceptable margin of appreciation”

29 HRLJ 321 (2008)

37201/06

Judgment (GC) of 28.02.2008, Saadi v. Italy, Absolute nature of Article 3 (prohibition of torture and inhuman or degrading treatment) reaffirmed / Balancing test categorically rejected: applicant’s risk of ill-treatment in case of deportation to Tunisia not to be weighed against protection of national security from terrorist violence in the host country / Diplomatic assurances from Tunisia insufficient

29 HRLJ 259 (2008)

13229/03

Decision of 27.09.2005, Saadi v. United Kingdom, Detention in the Oakington Reception Centre for asylum seekers alleged disproportionate and arbitrary / Application of an Iraqi national of Kurdish ethnic background declared admissible

27 HRLJ 166 (2006)

13229/03

(GC Judgment rendered on 29.01.2008)

 

38450/05

Judgment of 06.06.2013, Sabanchiyeva and Others v. Russia, Rights of family members of deceased terrorists / Automatic application of the Internment and Burial Act 2002 (“bodies shall not be handed over for burial and the place of their burial shall not be revealed”) considered to overstep the State’s margin of appreciation / Violation of the right to protection of private and family life

33 HRLJ 60 (2013)

23276/04

Decision of 14.03.2006, Saddam Hussein v. Albania, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Turkey, Ukraine and United Kingdom, War in Iraq / Saddam Hussein: Arrest, detention, transfer to Iraqi authorities, trial, presumed death penalty / Application declared inadmissible due to lack of jurisdiction (Article 1 ECHR) of the respondent States

27 HRLJ 44 (2006)

35016/03

Decision of 27.09.2007, Saliyev v. Russia, Withdrawal of a politically sensitive article from municipally-owned newspaper / Freedom of expression / Application declared admissible

28 HRLJ 158 (2007)

35016/03

(Judgment rendered on 21.10.2010)

 

48335/99

Decision of 26.10.2000, Sanles Sanles v. Spain, Victim of a disabling disease claims the right to die in dignity by euthanasia to be granted by her general practitioner without it being considered unlawful / Amparo appeal pending before the Constitutional Court / Heir (sister-in-law) not entitled to continue proceedings due to non-transferable nature of the claim / Application declared inadmissible

23 HRLJ 212 (2002)

11634/85

Judgment of 19.02.1991, Santilli v. Italy, A civil proceeding longer than 6 years and 9 months exceeds “reasonable time” under Article 6 ECHR

12 HRLJ 108 (1991)

58830/00

Decision of 22.11.2005, Sarmina and Sarmin v. Russia, Use of untrue information as to the nationality of the first applicant / Abuse of the right of petition

28 HRLJ 300 (2007)

43835/11

Judgment (GC) of 01.07.2014, S.A.S. v. France, Ban on the wearing of a full-face veil in public (Law of 11 October 2010) no violation of the right to respect for private life (Article 8 ECHR) or freedom of religion (Article 9 ECHR)

34 HRLJ 99 (2014)

71386/10

Judgment of 25.04.2013, Savriddin Dzhurayev v. Russia, Applicant, protected by temporary asylum and interim measures of the Court, nevertheless forcibly transferred by aircraft from Moscow to Tajikistan / Flagrant disregard for the rule of law / Lack of effective domestic investigation into unacceptable incidents

33 HRLJ 333 (2013)

13580/88

Judgment of 18.07.1994, Schmidt, Karlheinz v. Germany, Obligation imposed solely on men to serve in the fire brigade / Difference of treatment on ground of sex in violation of Articles 14 and 4 ECHR

16 HRLJ 47 (1995)

13704/88

Judgment of 28.08.1992, Schwabe v. Austria, Politician’s conviction for defamation / Violation of Article 10 ECHR

14 HRLJ 26 (1993)

56581/00

Judgment (GC) of 01.03.2006, Sejdovic v. Italy, Conviction in absentia in 1997 / No retrial or reopening of the case under the then applicable law / Chamber judgment identified systemic problem of denial of justice / Grand Chamber confirms violation of Article 6 ECHR (fair trial) and reserves assessment of the legislative reform enacted in Italy in April 2005

27 HRLJ 83 (2006)

25803/94

Judgment (GC) of 28.07.1999, Selmouni v. France, Torture in police custody / Excessive length of investigation (more than six years) against the police officers allegedly involved / FF 500,000 awarded for pecuniary and non-pecuniary damage

20 HRLJ 228 (1999)

56672/00

Applicant’s memorial of 04.07.2000, Senator Lines v. the 15 Member States of the European Union, Alleged violation of the right to a fair trial (Articles 6 and 13 ECHR) in denying the suspensory effect of an appeal before the Court of First Instance against a fine imposed by the European Commission under EC competition rules / Obligations of the Member States of the EU under the ECHR

21 HRLJ 112 (2000)

56672/00

Decision (GC) of 10.03.2004, Senator Lines GmbH v. Austria, Belgium, Denmark, Finland, France, Germany Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and United Kingdom, Scope of the ECHR and competencies of the EurCourtHR in European Union matters remain unclear / Application against 15 EU Member States because of denial of access to an EU court to challenge a competition law fine (13.75 million euros) imposed by the EU Commission endangering the survival of the applicant company declared inadmissible / Loss of victim status after the Court of First Instance in Luxembourg quashed the fine

25 HRLJ 75 (2004)

19120/15 et al.

Six applications communicated on 30.01.2017, Seražin and Others v. Croatia, Prosecution for sport hooliganism and alledged breach of ne bis in idem principle

37 HRLJ 233 (2017)

22985/93

Judgment (GC) of 30.07.1998, Sheffield and Horsham v. United Kingdom, No positive obligation of the respondent State to alter birth certificates of post-operative transsexuals / No violation of the right to respect for private life

19 HRLJ 338 (1998)

26695/95

Judgment of 10.07.1998, Sidiropoulos and Others v. Greece, Refusal of courts to register the applicants’ association “Home of Macedonian Civilisation” / Violation of Article 11 ECHR

19 HRLJ 328 (1998)

71463/01

Judgment (GC) of 09.04.2009, Šilih v. Slovenia, Court’s competence ratione temporis / Ratification of the Convention in May 1994, death of the applicants’ son in a hospital in June 1993 / Decisive element of “genuine connection” between the death and the proceedings, conducted since 1995 and still pending (criminal proceedings against the doctor and civil proceedings for compensation against both the hospital and the doctor) / Violation of the procedural limb of Article 2 (right to life)

30 HRLJ 174 (2009-2010)

5947/72

Judgment of 25.03.1983, Silver and Others v. United Kingdom, Control of prisoners’ correspondence

4 HRLJ 227 (1983)

6428/07

Judgment of 31.03.2011, Siryk v. Ukraine, Freedom of expression versus protection of the reputation of public officials / Applicant’s punishment in the context of civil liability disproportionate / Right to notify allegedly unlawful and corrupt activities of a top manager of a State-run educational institution

31 HRLJ 224 (2011)

37043/97

Decision of 09.03.1999, Slavgorodski v. Estonia, Interference by prison authorities with applicant’s correspondence / Application declared admissible

20 HRLJ 442 (1999)

37043/97

(Judgment rendered on 12.09.2000, friendly settlement)

 

21237/93

Judgment (GC) of 25.05.1998, Socialist Party and Others v. Turkey, Dissolution of the Socialist Party (SP) by the Constitutional Court based on statements by the party’s Chairman Mr Perinçek / Violation of Article 11 ECHR

19 HRLJ 317 (1998)

14038/88

Judgment (Plenary Court) of 07.07.1989, Soering v. United Kingdom, Extradition to the United States constitutes a violation of Article 3 ECHR (prohibition of inhuman or degrading treatment or punishment) when death penalty and death row phenomenon are at risk

11 HRLJ 335 (1990)

67099/01

Judgment of 12.07.2005, Solodyuk v. Russia, Delayed payment of the applicants’ old-age pensions / Violation of Article 1 of Protocol No. 1

28 HRLJ 429 (2007)

11867/09

Judgment of 22.10.2013, Soltész v. Slovakia, Failure to protect a journalist acting bona fide confronted with libel action / Obligation to pay damages violates right to respect for freedom of expression / Assessment of relevant facts by national courts unacceptable / Role of the Constitutional Court

33 HRLJ 401 (2013)

7151/75

Judgment (Plenary Court) of 23.09.1982, Sporrong and Lönnroth v. Sweden, Long-term expropriation permits and prohibitions on construction (with separate opinions)

3 HRLJ 268 (1982)

58369/10

Application communicated on 13.09.2011, Staatkundig Gereformeerde Partij (SGP) v. Netherlands, Victim status of a political party (SGP) which denies -- based on its religious beliefs -- women’s right to stand for election

31 HRLJ 264 (2011)

58369/10

(Decision rendered on 10.07.2012. Application inadmissible being manifestly ill-founded)

 

29713/05

Judgment of 27.11.2012, Stamose v. Bulgaria, Travel ban (two years) designed to prevent breaches of domestic or foreign immigration laws not necessary in a democratic society / Applicant left Bulgaria in 1998 (at a time of substantial emigration), entered the United States on a student visa, abandoned his studies, took up paid employment and was deported to Bulgaria in 2003 / No remedy available to challenge the prohibition to leave one’s own country

32 HRLJ 438 (2012)

16757/90

Judgment of 23.02.1994, Stanford v. United Kingdom, Applicant’s allegation of poor acoustics of the courtroom not raised by the applicant’s representative / No violation of Article 6 ECHR

15 HRLJ 188 (1994)

29221/95 et al.

Judgment of 02.10.2001, Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, Restrictions on public meetings of association / National symbols and national identity at issue / Authorities overstepped margin of appreciation

22 HRLJ 404 (2001)

65731/01 et al.

Decision (GC) of 06.07.2005, Stec and Others v. United Kingdom, Aspects of conflict with Community law and ECJ case-law / Sex discrimination in social security to be reconsidered / Non-contributory welfare benefits possibly within the ambit of property rights (Article 1 of Protocol No. 1) / Scope of Article 14 ECHR (non-discrimination) expanded / Four applications declared admissible by the Grand Chamber

26 HRLJ 149 (2005)

65731/01 et al.

Judgment (GC) of 12.04.2006, Stec and Others v. United Kingdom, Differences in the entitlement for men and women to certain industrial injuries social security benefits (reduced earnings allowance, REA) not discriminatory / No violation of Article 14 taken in conjunction with Article 1 of Protocol No. 1 / Same result as preliminary ruling of the ECJ concerning equal treatment in social security

27 HRLJ 96 (2006)

68416/01

Judgment of 15.02.2005, Steel and Morris v. United Kingdom, Denial of legal aid in defamation proceedings (here: McDonald’s against two distributors of an extremely critical leaflet in an anti-McDonald’s campaign) / Unacceptable inequality of arms and lack of procedural fairness (violation of Article 6(1) ECHR / Freedom of expression (violation of Article 10 ECHR)

26 HRLJ 60 (2005)

65542/12

Decision of 11.06.2013, Stichting Mothers of Srebrenica and Others v. Netherlands, Complaint about UN’s immunity from national jurisdiction in civil case concerning Srebrenica massacre declared inadmissible being incompatible ratione personae (regarding the first applicant) and being manifestly ill-founded regarding the other applicants (surviving relatives of persons killed)

33 HRLJ 78 (2013)

18131/91

Judgment of 25.11.1994, Stjerna v. Finland, Denial of request for a change of surname no violation of the right to respect for private life (Article 8 ECHR)

16 HRLJ 38 (1995)

11755/85

Judgment of 19.03.1991, Stocké v. Germany, No violation of the right to liberty (Article 5 ECHR) by arrest and detention of a German defendant fleeing to France and returned against his will / Applicant’s request to hear further evidence refused

12 HRLJ 194 (1991)

13427/87

Judgment of 09.12.1994, Stran Greek Refineries and Stratis Andreadis v. Greece, Unlawful annulment by legislative measure of an arbitration award establishing the existence of a debt owed by the State in the amount of about 16 million US$

15 HRLJ 432 (1994)

13427/87

Final Resolution of the Committee of Ministers of 20 March 1997, DH (97) 184: Just satisfaction finally paid in January 1997 / Amount overdue since March 1995
● Editors’ note highlighting some major enforcement problems within the ECHR system 20 HRLJ 134 (1999)

20 HRLJ 134 (1999)

34044/96

Judgment (GC) of 22.03.2001, Streletz, Kessler and Krenz v. Germany, Conviction of senior GDR officials for participating in the killing of East Germans attempting to escape across the border (The Wall) to West Germany confirmed / No violation of Article 7 ECHR (principle of nullum crimen sine lege)

22 HRLJ 74 (2001)

22083/93

Judgment of 22.10.1996, Stubbings and Others v. United Kingdom, Child victims of sexual abuse / State’s margin of appreciation in establishing time-limits (6 years from the 18th birthday) for the introduction of a civil claim

17 HRLJ 434 (1996)

13716/02

Judgment of 28.03.2006, Sukhovetskyy v. Ukraine, Obligation to pay an electoral deposit / Relevant domestic and international law and practice / Introduction of the deposit (160 euros) within the State’s wide margin of appreciation / No violation of the right to stand for election

27 HRLJ 435 (2006)

6538/74

Judgment of 06.11.1980, Sunday Times v. United Kingdom, Just satisfaction

1 HRLJ 320 (1980)

13166/87

Judgment (Plenary Court) of 26.11.1991, Sunday Times v. United Kingdom (No. 2), Violation of Article 10 ECHR on account of interlocutory injunctions imposed on the publication of details in the book “Spycatcher” alleging unlawful conduct by the British Security Service

13 HRLJ 30 (1992)

8209/78

Judgment (Plenary Court) of 22.02.1984, Sutter v. Switzerland, Public hearings and public pronouncement of the judgment / Swiss Military Court of Cassation

5 HRLJ 285 (1984)

3877/14

Application communicated on 15.12.2015, Tamiz v. United Kingdom, Determination of “responsibility for publication” regarding defamatory comments posted and maintained during 3 ½ months via the Blogger.com website (Internet server provided by Google Inc.) / Google’s responsibility denied by domestic courts / Supreme Court refuses permission to appeal / Protection of the right to reputation (Article 8)

35 HRLJ 476 (2015)

3877/14

(Decision rendered on 19.09.2017: Application inadmissible being manifestly ill-founded)

 

7/08

Judgment (GC) of 27.04.2010, Tănase v. Moldova, Criteria on eligibility to stand for election, an overview under comparative law / Moldova’s special historical and political context / Victim status of the applicant (holding Moldovan and Romanian nationality) confirmed / Provisions of Law no. 273 preventing elected MPs with multiple nationalities from taking seats in Parliament disproportionate / Violation of Article 3 of Protocol No. 1

30 HRLJ 220 (2009-2010)

19554/05

Judgment of 15.05.2014, Taranenko v. Russia, Freedom of expression interpreted in the light of freedom of assembly / Limitations in the name of protection of public order / Protest action inside the premises of the President’s Administration building in Moscow in 2004 in which the applicant participated did not amount to violence / 12 months’ pre-trial detention and conviction to three years’ imprisonment suspended for three years / Sanction disproportionate

34 HRLJ 406 (2014)

25851/09 et al.

Judgment of 02.04.2013, Tarantino and Others v. Italy, Limited access to State and private universities to study dentistry and medicine based on two criteria: capacity and resource potential of universities, and society’s need for a particular profession / Entrance examination and numerus clausus no violation of the right to education

33 HRLJ 432 (2013)

12786/87

Decision of 03.12.1991, Testa v. Italy, Decision to strike out of list due to implied withdrawal / Length of civil proceedings to obtain temporary disability allowance
● See also the overview regarding 14 Italian length of proceeding cases 13 HRLJ 54 (1992)

13 HRLJ 52 (1992)

43923/98

Application communicated on 30.01.2001, Tezel v. Turkey, Fair trial in criminal proceedings / Failure to carry out a DNA test

22 HRLJ 339 (2001)

43923/98

(Final decision rendered on 06.03.2007: Application inadmissible being manifestly ill-founded)

 

13778/88

Judgment of 25.06.1992, Thorgeir Thorgeirson v. Island, Conviction because of an article criticizing police brutality / Violation of Article 10 ECHR

13 HRLJ 440 (1992)

18139/91

Judgment of 13.07.1995, Tolstoy Miloslavsky v. United Kingdom, Amount of libel damages (£1.5 million) awarded by a High Court jury against a historian for publication of a pamphlet alleging war crimes violates the right to freedom of expression

16 HRLJ 295 (1995)

12850/87

Judgment of 27.08.1992, Tomasi v. France, Inhuman and degrading treatment during police custody / Excessive length of detention / Violations of Articles 3 and 5 § 3 ECHR

13 HRLJ 453 (1992)

21753/02

Judgment of 19.10.2006, Tomašić v. Croatia, No loss of victim status if compensation awarded by the Constitutional Court is significantly lower than the amount awarded by the EurCourtHR in similar cases (600 euros / 4,000 euros)

27 HRLJ 452 (2006)

11894/85

Judgment of 12.12.1991, Toth v. Austria, Length of pre-trial detention in cheque fraud proceedings: a period over 2 years exceeds “reasonable time” under Article 5 § 3 ECHR / Equality of arms violated in appeal procedure (Article 5 § 4 ECHR)

13 HRLJ 112 (1992)

140/10

Judgment of 04.09.2014, Trabelsi v. Belgium, Extradition to a State in which the applicant is liable to an irreducible life sentence is contrary to the Convention (violation of Article 3) / here: Extradition to the United States where the applicant is being prosecuted on charges relating to al-Qaeda-inspired acts of terrorism / Belgium’s decision to hand the applicant over to the US authorities run counter to the interim measures indicated by the Court (violation of Article 34)

34 HRLJ 379 (2014)

53320/99

Application communicated on 18.01.2001, Trajkovski v. Former Yugoslav Republic of Macedonia, Savings in foreign currency bank accounts frozen

22 HRLJ 168 (2001)

53320/99

(Final decision rendered on 07.03.2002: Application inadmissible being manifestly ill-founded)

 

13509/88

Judgment of 19.02.1991, Triggiani v. Italy, 12 years of criminal proceedings beyond “reasonable time” under Article 6 ECHR / Bank employee declared not guilty of fraud and forgery

12 HRLJ 166 (1991)

5410/03

Judgment of 20.03.2007, Tysiąc v. Poland, Refusal to perform a therapeutic abortion despite risk of serious deterioration of the mother’s eyesight / Violation of Article 8, the applicant’s right to respect for her private life

28 HRLJ 228 (2007)

12020/09

Judgment of 16.04.2013, Udeh v. Switzerland, Violation of the right to respect for family life (twins with Swiss nationality, born in 2003) in the event of the applicant’s expulsion to Nigeria / Determination of the respondent State’s margin of appreciation in light of the applicant’s conviction in 2006 (to 44 months imprisonment) for drug-trafficking (257 gr. of pure cocaine) and his subsequent conduct being irreproachable

33 HRLJ 427 (2013)

72713/01

Judgment of 29.03.2005, Ukrainian Media Group v. Ukraine, Negative value judgments in strong, polemical, sarcastic language about politicians (including President Kuchma’s alleged intentions) protected by freedom of the press / Conviction of the publisher of the newspaper “The Day” violates freedom of expression (Article 10 ECHR) / EUR 33,000 for non-pecuniary damage

26 HRLJ 388 (2005)

28525/95

Judgment of 26.02.2002, Unabhängige Initiative Informationsvielfalt v. Austria, Reproach of “racist agitation” to Jörg Haider and his political Party “FPÖ” [Freedom Party of Austria] part of a political discussion provoked by Haider himself / Order not to repeat this opinion violates freedom of expression (Article 10 ECHR)

23 HRLJ 67 (2002)

19392/92

Judgment (GC) of 30.01.1998, United Communist Party of Turkey and Others v. Turkey, Dissolution of the United Communist Party of Turkey (TBKP) by the Constitutional Court, before the TBKP’s activities had even started / Violation of Article 11 ECHR

19 HRLJ 306 (1998)

68059/13 Judgment of 07.03.2017, V.K. v. Russia, State directly responsible for mistreatment of a four year old boy by his public nursery school teachers / Violation of Article 3 (inhuman and degrading treatment), also on account of the failure to carry out an effective criminal investigation 37 HRLJ 351 (2017)

24888/94

Judgment (GC) of 16.12.1999, V. v. United Kingdom, Imposition of criminal responsibility (conviction for murder) to a 10 years old child, in itself no inhuman or degrading treatment / Public trial and blaze of publicity / Detention during Her Majesty’s pleasure and tariff-fixing procedure / Violation of Articles 6 and 5 ECHR

20 HRLJ 459 (1999)

60125/11

Judgment (GC) of 17.11.2016, V.M. and Others v. Belgium, Interpretation of Article 37 § 1 (a) of the Convention / Criteria enabling applications to be struck off the Court’s list of cases if the applicants have failed to maintain contact with their lawyer / Grand Chamber decision by 12:5 votes

37 HRLJ 162 (2017)

65389/09

Decision of 06.07.2010, van Anraat v. Netherlands, Conviction for supplying Iraqi authorities between 1984 and 1988 with a chemical substance used to produce mustard gas / Confirmation of the existence of a norm of customary international law prohibiting the use of poisonous gas as a weapon of war in an international conflict or against a civilian population / Alleged violation of nullum crimen sine lege principle (Article 7 § 1 ECHR) declared manifestly ill-founded

30 HRLJ 121 (2009-2010)

16034/90

Judgment of 19.04.1994, van de Hurk v. Netherlands, Right to an “independent tribunal” violated / Proceedings before the Industrial Appeals Tribunal regarding dairy farmer’s reference quantity of milk / Application of EEC Regulations

15 HRLJ 201 (1994)

8919/80

Judgment (Plenary Court) of 23.11.1983, Van der Mussele v. Belgium, Obligation to defend an accused without remuneration

5 HRLJ 252 (1984)

7906/77

Judgment of 24.06.1982, Van Droogenbroeck v. Belgium, Right to judicial review of lawfulness of detention

3 HRLJ 236 (1982)

25149/03

Judgment of 29.09.2005, van Houten v. Netherlands, Applicant’s refusal to conclude a friendly settlement / Government’s unilateral declaration accepted by the Court as being appropriate / Application struck out of the list of cases

27 HRLJ 462 (2006)

35968/97

Decision of 18.10.2001, van Kück v. Germany, Reimbursement of medical treatment, including gender reassignment operations, regarding a male to female transsexual / Application declared admissible

22 HRLJ 477 (2001)

35968/97

Judgment of 12.06.2003, van Kück v. Germany, Determination of the medical necessity of gender re-assignment measures / Contract between a private health insurance and a transsexual / National courts overstepped margin of appreciation / Violation of Articles 6 and 8 ECHR

24 HRLJ 333 (2003)

8543/79

Judgment (Plenary Court) of 26.06.1986, van Marle and Others v. Netherlands, Non-applicability of Article 6 (1) of the Convention to the non-registration as certified accountants of persons not meeting the statutory criteria

7 HRLJ 388 (1986)

7654/76

Judgment (Plenary Court) of 06.11.1980, Van Oosterwijck v. Belgium, Transsexualism / Failure to exhaust domestic remedies

1 HRLJ 302 (1980)

16032/07

Judgment of 27.05.2014, Velyo Velev v. Bulgaria, Refusal to enrol remand prisoner in prison school violates the right to education

34 HRLJ 141 (2014)

14804/89

Judgment of 18.07.1994, Vendittelli v. Italy, Length of criminal proceedings and unlawful continuation of sequestration of a flat

15 HRLJ 328 (1994)

12849/87

Judgment of 29.11.1991, Vermeire v. Belgium, Exclusion of a granddaughter from the estates of her deceased grandparents because of the “illegitimate” nature of her kinship violates Article 14 in conjunction with Article 5 ECHR

13 HRLJ 48 (1992)

11889/85

Judgment of 20.02.1991, Vernillo v. France, 7 ½ years of civil proceedings do not exceed “reasonable time” under Article 6 ECHR having regard to the parties’ responsibilities in the conduct of the trial

12 HRLJ 199 (1991)

12351/86

Judgment of 22.04.1992, Vidal v. Belgium, Failure to hear witnesses violates right to fair trial

13 HRLJ 425 (1992)

17550/90

Judgment of 27.08.1992, Vijayanathan and Pusparajah v. France, Two Sri Lankans’ request for granting refugee status rejected / Direction  to leave French territory not enforceable in itself / Government’s preliminary objections as to the status of “victims” (Article 25 ECHR) accepted

14 HRLJ 24 (1993)

63235/00

Judgment (GC) of 19.04.2007, Vilho Eskelinen and Others v. Finland, Applicability of Article 6 § 1 (civil rights) in cases involving civil servants now affirmed / The Court abandons the Pellegrin case-law established in a Grand Chamber judgment in 1999 / Violation of Article 6 § 1 on account of the length of proceedings (4 years) before the County Administrative Board / Dispute regarding police personnel’s entitlement to a special allowance

28 HRLJ 369 (2007)

13163/87 et al.

Judgment of 30.10.1991, Vilvarajah and Others v. United Kingdom, Removal of five young male Tamil asylum seekers to Sri Lanka in February 1988 no violation of Article 3 ECHR / No risk of being subjected to torture or inhuman treatment

12 HRLJ 432 (1991)

66069/09 et al.

Judgment (GC) of 09.07.2013, Vinter and Others v. United Kingdom, Whole life sentence / Standards of Article 3 (prohibition of inhuman or degrading treatment or punishment) / Where domestic law does not provide any mechanism or possibility for review of a whole life sentence, the incompatibility with Article 3 on this ground already arises at the moment of the imposition of the whole life sentence and not at a later stage of incarceration

33 HRLJ 96 (2013)

11891/85

Judgment of 24.05.1991, Vocaturo v. Italy, Reasonableness of the length of civil proceedings in the light of the shortened time-limits applicable to employment cases

12 HRLJ 252 (1991)

59320/00

Judgment of 24.06.2004, von Hannover v. Germany, Respect for private life (Article 8 ECHR) prevails over freedom of the press (Article 10 ECHR) / Publication in the sensational press of photos concerning the private life of a princess / Broader concept of the freedom of the press of the German Constitutional Court confronted with a stricter protection of private life by the EurCourtHR

25 HRLJ 80 (2004)

64752/01

Judgment of 22.11.2007, Voskuil v. Netherlands, Protection of journalistic sources / Detention of a journalist with the view to compelling him to disclose his source of information / Violation of freedom of expression (Article 10)

28 HRLJ 381 (2007)

14379/88

Judgment of 26.01.1993, W. v. Switzerland, Length of pre-trial detention / Dangers of absconding and collusion justify a period over 4 years

14 HRLJ 178 (1993)

11796/85

Judgment of 30.10.1991, Wiesinger v. Austria, Length of land-consolidation proceedings (more than 9 years) in breach of Article 6 ECHR / 200,000 Austrian schillings (about 17,500 US$) awarded as just satisfaction / No violation of property rights

12 HRLJ 447 (1991)

36042/97

Judgment of 11.06.2002, Willis v. United Kingdom, Difference of treatment between men and women as regards entitlement to Widow’s Payment and Widowed Mother’s Allowance violates the Convention (Article 14 and Article 1 of Protocol No. 1)

23 HRLJ 250 (2002)

58547/00

Decision of 22.06.2004, Wirtschafts-Trend Zeitschriften-Verlags GmbH v. Austria, Jörg Haider’s belittlement of the concentration camps as “punishment camps” once again subject of proceedings / Publisher of the weekly “Profil” ordered to pay compensation for defamation of Jörg Haider / Publisher’s application declared admissible

25 HRLJ 154 (2004)

58547/00

(Judgment rendered on 27.10.2005)

 

50003/99 et al.

Decision of 04.12.2007, Wolkenberg and Others v. Poland, Effects of the friendly settlement in the pilot-judgment procedure in Broniowski (2005) on pending parallel applications concerning compensation for loss of property, abandoned as a result of the Second World War in the territories beyond the Bug River / Adequacy of compensation (statutory ceiling of 20%) confirmed / Applications struck out of the list of cases

28 HRLJ 390 (2007)

18020/91

Judgment of 31.03.1992, X. v. France, Excessive length of compensation proceedings brought first before the administrative authorities and then in the administrative courts by a haemophiliac infected with the AIDS virus following blood transfusions

13 HRLJ 269 (1992)

7215/75

Judgment of 05.11.1981, X. v. United Kingdom, Recall of a “dangerous” mental patient to hospital

2 HRLJ 380 (1981)

16419/90

Judgment of 08.06.1995, Yağcı and Sargın v. Turkey, Unreasonable length of pre-trial detention and criminal proceedings (2 ½ years)

16 HRLJ 286 (1995)

58073/00

Decision of 11.01.2001, Yang Chun Jin v. Hungary, Extradition to China, with the risk of imprisonment / Application declared admissible under Articles 3, 6 of the Convention and Article 1 of Protocol No. 6

22 HRLJ 277 (2001)

58073/00

Judgment of 08.03.2001, Yang Chun Jin v. Hungary, Court’s decision on admissibility prompts within one week Hungary’s decision to refuse the applicant’s extradition to China / Case struck out of the list

22 HRLJ 282 (2001)

22495/93

Judgment of 02.09.1998, Yaşa v. Turkey, Alleged actions of state security forces in the south-east part of the country / Lack of effective investigation violates right to life (Article 2 ECHR)

20 HRLJ 24 (1999)

38602/02

Decision of 10.04.2003, Yildirim v. Italy, Rented bus used to transport clandestine immigrants / Owner of the bus unable to prove good faith / Bus confiscated and destroyed / National courts did not overstep margin of appreciation / Application declared inadmissible being manifestly ill-founded

24 HRLJ 360 (2003)

3111/10

Judgment of 18.12.2012, Yıldırım v. Turkey, Collateral effect of a preventive measure based on a court order in the context of criminal proceedings against a third website (accusation of insulting the memory of Atatürk) / Blocking of the applicant’s website hosted on the same domain / Freedom to receive and impart information violated

33 HRLJ 419 (2013)

7601/76

Judgment of 13.08.1981, Young, James and Webster v. United Kingdom, Closed shop case

2 HRLJ 185 (1981)

48135/06

Judgment of 25.06.2013, Youth Initiative for Human Rights v. Serbia, Intelligence Agency must give access to information obtained via electronic surveillance / Agency’s obstinate reluctance to comply with final and binding order by the competent domestic body violates the applicant NGO’s right to freedom of expression

33 HRLJ 130 (2013)

29392/95

Judgment (GC) of 10.05.2001, Z. and Others v. United Kingdom, Failure of social services to remove children from parents known to be neglecting them / Neglect and abuse suffered by the 4 child applicants reached the threshold of inhuman and degrading treatment / Just satisfaction in respect of past and future pecuniary loss awarded

22 HRLJ 417 (2001)

47143/06

Judgment (GC) of 04.12.2015, Zakharov v. Russia, Secret surveillance of mobile telephone communications / Shortcomings in the legal framework / Technical measures foresee direct access to all mobile telephone communications for the secret services and the police / Relevant legal provisions do not provide for adequate and effective guarantees against arbitrariness and the risk of abuse / Violation of Article 8 (right to respect for private life and correspondence)

35 HRLJ 358 (2015)

11491/85

Judgment of 19.02.1991, Zanghì v. Italy, A civil proceeding longer than 9 years exceeds “reasonable time” under Article 6 ECHR

12 HRLJ 106 (1991)

8737/79

Judgment of 13.07.1983, Zimmermann and Steiner v. Switzerland, Length of proceedings (administrative-law appeal)

4 HRLJ 363 (1983)

3955/04

Judgment of 26.04.2006, Zubko and Others v. Ukraine, Failure to ensure adequate and timely payment of the remuneration of domestic court judges / Delays of 1 year and 4 months, and 2 years and 6 months, respectively / Violation of the applicants’ right to peaceful enjoyment of their possessions

27 HRLJ 430 (2006)