Chamber judgment concerning France
15/04/2021
In the case of K.I. v. France the Court held that there would be a violation of Article 3 of the Convention in its procedural aspect if the applicant were to be returned to Russia without any prior assessment by the French authorities of the actual and current risk that he claimed to be facing in the event of his deportation being enforced.
The case concerned a Russian national of Chechen origin who arrived in France when he was still a minor and obtained refugee status. After being convicted for a terrorism offence and on the grounds that his presence in France represented a serious threat to French society, the French Office for Refugees and Stateless Persons revoked his status in July 2020 and his deportation to Russia was ordered.
COVID-19
The French authorities have introduced a number of restrictions in the framework of the COVID-19 public-health crisis. The Court, while complying with the public-health measures adopted by our host State, in particular by prioritising teleworking and electronic communications, is continuing all its activities in accordance with the usual rules. Unlike during the previous lockdown periods, no special arrangements have been made in respect of procedures and time-limits.
Grand Chamber
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Referral requests
13/04/2021
On 19 April 2021 a panel of 5 judges will examine thirteen Grand Chamber referral requests.
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Judgment concerning Croatia
09/04/2021In the case of Mraović v. Croatia, the Court has decided to strike the case out of its list after noting that the applicant had died in November 2020 and that none of his relatives had expressed the wish to maintain the application. The case concerned the applicant’s right to a public hearing in rape proceedings against him.
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Chamber
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Judgment concerning Turkey
13/04/2021
In the case of Ahmet Hüsrev Altan v. Turkey, the Court has found several violations of the right to liberty and security and a violation of the freedom of expression. The applicant is a well-known journalist and writer who was convicted of deliberate complicity with a terrorist organisation, without being part of its hierarchical structure.
The case concerned the applicant‘s placement in detention following his arrest on suspicion of belonging to the Gülenist Terrorist Organisation/Parallel State Structure. The events had taken place during the failed military coup of July 2016 and the ensuing state of emergency.
The Court noted, in particular, that there was no indication that the applicant’s actions had been part of a deliberate plan to overthrow the Government. Furthermore, it found that in view of the fact that the applicant’s detention had not been based on any plausible grounds of suspicion of a criminal offence, the interference with his right to freedom of expression had been legally unjustified.
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Judgment concerning Turkey
13/04/2021In the case of Murat Aksoy v. Turkey the Court held that there had been a violation of the right to liberty and security and of freedom of expression.
The case concerned the pre-trial detention of a journalist in connection with articles and publications he had written for newspapers or social media in which he had criticised the government. Mr Aksoy was taken into custody a few weeks after the attempted coup of 15 July 2016 and the subsequent declaration of a state of emergency. The authorities accused him of belonging to a terrorist organisation and of attempting, by force and violence, to overthrow the constitutional order and the government.
The Court found that there had been no plausible grounds to suspect Mr Aksoy of committing a criminal offence. Therefore the fact of remanding him in custody had breached his right to freedom and security and had constituted an interference with his right to freedom of expression which was not prescribed by law.
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Events
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Seminar on the Rule of Law
15/04/2021
The ECHR, in conjunction with the German Chairmanship of the Council of Europe’s Committee of Ministers, held a seminar by video-conference The Rule of Law in Europe – vision and challenges.
The event could be followed live and a recording will also be available on the Court’s website in due time.
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Delivered Judgments & Decisions
Forthcoming Judgments & Decisions
20-22/04/2021