Judicial activities


Human Rights building
08/10/26

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
08/10/26

Remedy introduced for complaints about conditions of detention was effective.

 

The ECHR has declared inadmissible the application in the case of Manavidis v. Greece.

On 27 October 2022 Article 6A of the Prisons Code entered into force in Greece, establishing a dedicated judicial remedy in respect of detention conditions. The applicant lodged two appeals under the new remedy. The first was dismissed as unfounded in 2023, while the second was partly upheld. His case concerned the Court’s first assessment of the remedy.

The Court found that Article 6A combined both preventive and compensatory forms of redress, which operated in a complementary manner and afforded a real and practical opportunity to obtain appropriate and sufficient redress for conditions of detention incompatible with the Convention. The remedy was effective in both law and practice. The applicant had made use of that remedy which had enabled him to obtain adequate and sufficient redress. His complaint concerning the lack of an effective remedy to complain of the inadequate conditions of detention was rejected as manifestly ill-founded.

Human Rights building (detail)
08/10/26

Severed family ties between mother and child highlight systemic flaws in juvenile-justice and foster-care systems in Italy.

 

In the case of L.Z. and D.Z. v. Italy, the Court held that there had been a violation of the right to respect for family life.

The case concerned the severance of the relationship between a biological mother and her child, who had been abandoned on a pavement at birth by his father. Although the mother had taken steps to have the child returned to her, the Italian authorities had declared him abandoned and available for adoption and had then placed him in foster care in accordance with the expedited procedure. Subsequent court orders for the reunification of the mother and child had not been enforced. To date, the child has not been returned to his biological mother and decisions regarding contact arrangements have not been complied with.

The Court noted that the domestic courts had failed to take prompt, practical and appropriate measures to establish effective contact between the first applicant and the child. Then, for some five years, they had “tolerated” the lack of contact between the applicants and the non-enforcement of the decision ordering their reunification. The passage of time had in fact become the key factor in support of keeping the child in the foster family rather than returning him to his mother. That factor had given rise to a fait accompli: the severance of family ties between the first applicant and her child.

Human Rights building
08/10/26

Disappearance of Estelle Mouzin: ECHR finds that French courts acknowledged deficiencies in justice system and compensated for resulting non-pecuniary damage.

 

The Court has declared inadmissible the application in the case of Mouzin v. France.

The case concerned the judicial investigation and proceedings in relation to the disappearance of the applicant’s 9-year-old daughter. Her body was never found. The Court’s decision was based both on the criminal conviction of Ms Olivier in 2023 and 2024 and on a 2025 judgment acknowledging the State’s gross negligence as a result of the defective operation of the public justice system.

Human Rights building
06/10/26

Fair trial rights in proceedings concerning fines for fishing in Slovenian waters

 

In the case of Makovac and Latin v. Slovenia the Court held that there had been no violation of the right to a fair trial in respect of the first applicant and that there had been a violation in respect of the second applicant.

The case concerned Croatian commercial fishing workers’ complaints about the proceedings concerning fines against them for illegally entering and fishing in Slovenian waters. They argued that there had been a breach of their defence rights in the minor offence proceedings against them, in particular that there had been no hearings in their cases.

The ECHR found that it had been legitimate for the Slovenian courts to do without an oral hearing to convict first applicant. Her conviction had been based on, among other things, photographs with two recognisable individuals which she could have challenged. Second applicant’s conviction had, however, been based on his being identified by a fisheries inspector and unspecified social media posts. An oral hearing would have been essential to put that evidence to the test.

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Press releases on other judgments and decisions

06/10/26

8 October: 29 Judgments & 70 Decisions

6 October: 15 Judgments

 

 

 

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