ECHR

• 67 requests

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 violations against Lithuania for its involvement in CIA secret detention programme.

In the case of Al Nashiri v. Lithuania the Court held that there had been several violations of the Convention.

The case concerned a Saudi Arabian national of Yemeni descent who is currently detained in Guantánamo Bay. He is facing capital charges before a United States (US) military commission on suspicion of, among other things, the bombing of the US Navy ship USS Cole in 2000. He was captured during the so-called “War on Terror” launched by President Bush in the aftermath of the 9/11 attacks.

The Court found that the applicant had been held for more than five months in 2005-2006 at a secret facility in Lithuania run by the US Central Intelligence Agency (CIA). It also found that the Lithuanian authorities had assisted in the applicant’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty in the United States of America (USA).

• Press release

Porto Football Club’s acceptable criticism of referees subject to unjust disciplinary proceedings and disproportionate fine.

In the case of de Carvalho Marques and Others v. Portugal the Court held that there had been a violation of the freedom of expression in respect of Porto Football Club in application no. 47902/20, and no violation in respect of the other applications.

The case concerned disciplinary proceedings brought by the Disciplinary Board of the Portuguese Football Federation against Porto Football Club (Futebol Clube do Porto SAD – Futebol SAD), its Director of Communication, and its President. They were fined between 459 and 15,300 euros (EUR) following statements they had made in the media criticising referees’ performances and the refereeing system as a whole. The Director of Communication and the President were also temporarily suspended from their duties.

The Court considered that the applicants had not provided any evidence to substantiate their accusations of corruption and match manipulation in the cases in applications 29978/19, 37235/19, 34185/19, 29703/19 and 3708/22. The statements had amounted to value judgments devoid of a sufficient factual basis. By contrast, as regards application no. 47902/20, the Court considered that the statements had remained within the limits of acceptable criticism.

• Presse release

The Court has communicated to the Government of the Russian federation of the applications Menyaylo and Others v. Russia and Lepekha and Others v. Russia.

The case concerns 111 Ukrainian civilians who were captured and held in a school basement by Russian soldiers during the full-scale invasion of Ukraine in March 2022. The applicants in the case allege that the school was in effect a military base, that they were used as human shields, and that they were kept in cramped and inhuman and degrading conditions for almost a month, resulting in the deaths of eleven people. Among those trapped were women and children, as well as sick, elderly and disabled people. 

Russia is no longer a party to the European Convention, but it remains responsible for alleged violations of the European Convention during the period when it was still a signatory, that is up until 16 September 2022. 

• Press release

Refusal of authorities to recognise a legal parent-child relationship established abroad failed to take account of Polish child’s best interests.

In the case of A.P. and R.P. v. Poland, the Court held that there had been no violation in respect of most of the complaints but a violation of the right to respect for private life and the prohibition on discrimination in respect of the child.

The cases concerned the refusal by the Polish authorities to recognise a legal parentchild relationship established abroad.

In both cases, a same sex couple living in the United Kingdom in a civil partnership asked to have their child’s birth certificate registered in Poland. The Polish authorities refused in both cases, referring to public policy grounds. In A.P. and R.P. the birth (and biological) mother and her partner were both Polish nationals; they spoke Polish at home and spent a significant amount of time in Poland. The Government confirmed that R.P. had acquired Polish citizenship at birth. In A.D.-K. and Others the birth (and biological) mother was a British national and her partner was Polish.

• Press release

Authorities’ inadequate response to allegations of domestic violence, leaving a mother and her children to live in a shelter for over three years.

In the case of Ubeda and Others v. Italy, the Court held that there had been a violation of the prohibition of inhuman and degrading treatment and of the right to respect for private and family life of the Convention in relation to the complaints of domestic violence.

The case concerned an alleged failure by the national authorities to duly address and assess allegations of domestic violence. The applicants in the case were a mother and her two children. The mother had lodged a complaint with the police against the father of her children and former cohabitant, alleging that, during their relationship, he had been violent towards her and her children, both physically and psychologically. She and her children were placed in a shelter.

The Court held that the proceedings against the alleged perpetrator had not met the requirements of a prompt, thorough and effective investigation as required under the Convention. In addition, sexist and stereotyped remarks made by the prosecutor had resulted in the applicant being subjected to further victimisation. By keeping the applicants in the shelter for over three years, the authorities had breached their obligation to adopt proportionate measures and to carry out, on an ongoing basis, an assessment of the adequacy and proportionality of that measure.

• Press release
• Factsheet: Domestic vilence