Judicial activities


Human Rights building
08/09/26

Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case.

Human Rights building (detail)
08/09/26

No violation of the Convention in refusing residence permits for children born from polygamy

 

In the case of A.A. v. the Netherlands the Court held that there had been no violation of the right to respect for private and family life.

The case concerned the Dutch authorities’ refusal of the applicant’s request for residence permits for five of his minor children, born of his polygamous marriages in Yemen.

The Court found that the assessment of the Dutch authorities had struck a fair balance between the interests of the applicant and those of the State. It underlined the close connection between immigration policy and considerations of public order and reiterated that, in establishing an immigration policy taking into consideration family ties, a State cannot be required to give recognition to polygamous marriages which are in conflict with their own legal order.

Human Rights building (detail)
03/09/26

No shortcomings in Latvian authorities’ response to allegations of forced labour and servitude

 

In the case of A.S. v. Latvia the Court held that there had been no violation of the prohibition of slavery and forced labour.

The case concerned the applicant’s allegations that she had been subjected to servitude or, alternatively, to forced or compulsory labour while working on a dairy farm. The operator of the farm was acquitted of charges of human trafficking.

The Court found that the applicant’s complaint had been taken seriously by the national authorities. It had been thoroughly investigated and examined at three levels of jurisdiction. The authorities had taken a significant number of investigative steps to secure the relevant evidence, and they had not failed to pursue any obvious line of inquiry. The investigation had been prompt and thorough and the applicant had been legally represented throughout. The Court did not find any significant flaws capable of undermining the proceedings’ ability to establish the circumstances of the case or the identity of those responsible.

Ceiling of the main hall of the Human Rights building
03/09/26

Since 16 September 2022, the ECHR has dealt with a substantial number of pending cases against the Russian Federation in an exceptional situation, namely that State having ceased to be a party to the Convention. Those cases fall into two main categories.

Hearing room of the Human Rights building
03/09/26

Confiscation of jointly owned property following conviction of applicant’s husband did not violate right to peaceful enjoyment of her possessions

 

In the case of Sylvie Vallée v. France the Court held that there had been no violation of the protection of property. The case concerned the confiscation of two properties, owned jointly by the applicant and her husband, in criminal proceedings brought against her husband alone, which had resulted in his conviction for embezzlement.

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01/09/26

Overturning an acquittal without hearing the decisive witness, despite doubts about his credibility, violated fair trial rights

 

In the case of Brunell and McArdle v. the Netherlands, the Court of Human Rights held that there had been a violation of the right to a fair trial.

The case concerned the criminal proceedings against Mr Brunell and Mr McArdle for charges of manslaughter and unlawfully disposing of a body. After first being acquitted of manslaughter, they were convicted on appeal without the Court of Appeal directly hearing the witness who had incriminated them.

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Press releases on other judgments and decisions

08/09/26

8 September: 4 Judgments

3 September: 17 Judgments & 14 Decisions

 

 

 

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