Grand Chamber judgment concerning Türkiye
11/07/2022
In the case of Kavala v. Türkiye the Court held that there had been a violation of the Convention.
The case concerned a question referred to the ECHR by the Committee of Ministers of the Council of Europe, which is responsible for supervising the enforcement of the ECHR’s judgments, as to whether the Republic of Türkiye has failed to fulfil its obligation to comply with the Chamber judgment delivered by the Court in the case of Kavala v. Turkey in 2019.
Press release Delivery of the judgment
Due to the interruption of the international postal services to and from the Russian Federation and where the only means of delivery of the Court’s decisions and judgments to the applicants is by post, the Court has exceptionally decided to notify the applicants about decisions and judgments adopted by its Chamber and Committee judicial formations after 1 March 2022 in respect of applications against the Russian Federation only via its HUDOC database.
Grand Chamber
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Advisory Opinion
13/07/2022
On 13 July 2022 the ECHR delivered its advisory opinion in reply to a request submitted by the French Conseil d’État.
The request concerned the entitlement of landowners’ associations to withdraw their land from the territory of an officially approved hunting association (ACCA).
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Interim Measures
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Interim measure indicated concerning Poland
12/07/2022The ECHR has decided to indicate an interim measure in the case of Raczkowski v. Poland. It has asked the Polish Government to ensure that the proceedings concerning the lifting of the applicant’s – a military judge – judicial immunity comply with the requirements of a “fair trial”, in particular the requirement of an “independent and impartial tribunal established by law”, and that no decision in respect of his immunity be taken by the Disciplinary Chamber of the Supreme Court until the final determination of his complaints by the ECHR.
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Chamber
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Judgment concerning Italy
07/07/2022
In the case of M.S. v. Italy the Court held that there had been a violation of the substantive prohibition of inhuman or degrading treatment in relation to the period from 19 January 2007 to 21 October 2008, and a violation of the procedural aspect of Article 3 of the Convention.
The case concerned the domestic violence to which the applicant was subjected by her husband. The applicant complained that the respondent State had failed to protect and assist her and that the authorities had not acted with the requisite diligence and promptness, as the prosecution of several offences had become time-barred.
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Judgment concerning Greece
07/07/2022In the case of Safi and Others v. Greece the Court held that there had been a violation of the right to life and a violation of the prohibition of inhuman or degrading treatment.
The case concerned the sinking in 2014 of a fishing boat transporting 27 foreign nationals in the Aegean Sea, off the island of Farmakonisi, resulting in the death of 11 people, including relatives of the applicants.
The Court found that there had been shortcomings in the proceedings, that the national authorities had not carried out a thorough and effective investigation capable of shedding light on the circumstances in which the boat had sunk and that they had not done all that could reasonably be expected of them to provide the applicants and their relatives with the level of protection required by the Convention.
Twelve applicants had been subjected to degrading treatment on account of the body searches they had undergone on arriving in Farmakonisi.
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Judgment concerning Türkiye
05/07/2022
In the case of Dimici v. Türkiye the Court held that there had been a violation of the prohibition of discrimination taken together with the violation of the protection of property.
The case concerned the conditions regulating the allocation of surplus income by the Örfioğlu Foundation, created during the Ottoman period, which introduced a difference in treatment based on the sex of the entitled persons. Pursuant to the Foundation’s constituent document, dating from the 16th century, only male descendants could be paid sums from the Foundation’s surplus income, with the result that the late wife of one applicant and mother of the three other applicants had been excluded from entitlement to that income.
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Hearings
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Grand Chamber hearing concerning France
29/06/2022
The Court held a Grand Chamber hearing in the case of Sanchez v. France.
The case concerns the criminal conviction of the applicant, at the time a local councillor who was standing for election to Parliament, for incitement to hatred or violence against a group of people or an individual on the grounds of their membership of a specific religion, following his failure to take prompt action in deleting comments posted by others on the wall of his Facebook account.
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