Chamber judgment concerning Ukraine
21/10/2021
In the case of Selygenenko and Others v. Ukraine the Court held that there had been a violation of the general prohibition of discrimination.
The case concerned the alleged discriminatory denial of a vote to the applicants, internally displaced persons who fled the conflict in Donetsk and the Crimea and came to Kyiv in 2014-15, in the Kyiv local elections in 2015.
The Court found that the Ukrainian authorities had failed to take into consideration the particular situation of the applicants as IDPs and had discriminated against them in the enjoyment of their right to vote in local elections.
Chamber
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Judgment concerning Turkey
19/10/2021In the case of Vedat Şorli v. Turkey the Court found a violation of the freedom of expression.
The case concerned the sentencing of the applicant to a term of imprisonment – with delivery of the judgement suspended for five years – for insulting the President of the Republic, on account of two posts which he shared on his Facebook account. The content comprised, among other things, a caricature and a photograph of the President of the Republic accompanied by satirical and critical comments. The judgment convicting the applicant was based on Article 299 of the Criminal Code, which afforded a higher level of protection to the President of the Republic than to other persons.
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Judgment concerning Bulgaria
19/10/2021
In the case of Miroslava Todorova v. Bulgaria the Court held that there had been a violation of the freedom of expression and a violation of the limitation on use of restrictions on rights.
The case concerned two sets of disciplinary proceedings against the applicant, a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her dismissal on the grounds of delays in dealing with her cases.
The Court found that the disciplinary proceedings against the applicant and the sanctions imposed on her had amounted to an interference with the exercise of her right to freedom of expression which had not been “necessary in a democratic society” and concluded that the main aim of the disciplinary proceedings against the applicant and of the sanctions imposed on her by the SJC had not been to ensure compliance with the time-limits for concluding cases, but to penalise and intimidate her on account of her criticism of the SJC and the executive.
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Judgment concerning Azerbaijan
14/10/2021
In the case of Democracy and Human Rights Resource Centre and Mustafayev v. Azerbaijan the Court found several violations of the Convention, relating in particular to the protection of property, freedom of movement and limitation on the use of restrictions on rights.
The case concerned judicial orders against the applicants, a human rights non-governmental organisation and its chairman, pending the investigation into a criminal case brought against a number of NGOs in 2014 for alleged financial irregularities. Orders were made freezing the applicants’ bank accounts and imposing travel bans.
The Court found that the restrictions on the applicants’ rights had been designed to punish them for their work in the area of human rights and to prevent them from continuing their activities.
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Judgment concerning Ukraine
14/10/2021
In the case of Samsin v. Ukraine the Court held that there had been a violation of the right to respect for private and family life.
The case concerned the dismissal of a Supreme Court judge under the Government Cleansing (Lustration) Act brought in to address negative developments within the civil service in the period when former President Viktor Yanukovych was in power.
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Grand Chamber
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Relinquishment
21/10/2021
The Chamber to which the Sanchez-Sanchez v. United Kingdom case was allocated has relinquished jurisdiction in favour of the Grand Chamber.
The case concerns the applicant’s extradition to the United States, where there is a possibility that he may, if convicted, be sentenced to life imprisonment without parole.
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Other Information
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New edition of the Rules of Court
18/10/2021...
Official visit to the French President
Superior Courts Network
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Fourth SCN Webinar
18/10/2021
The fourth SCN webinar on the topic Mass Protests took place on 15 October 2021.
Presentations covered the ECHR approach of the subject, the current practice in the national legal systems and challenges thereof.
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Official Visit
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Meeting with the President of the French Republic
15/10/2021
On 13 October 2021, President Robert Spano was received by Emmanuel Macron, President of the French Republic at the Elysée Palace. Mattias Guyomar, judge elected in respect of France, Marialena Tsirli, Registrar of the Court, and Patrick Titiun, Head of the Office of the President, also attended the meeting. During this meeting, they exchanged views on the human rights situation and the rule of law in Europe.
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Delivered Judgments & Decisions
Forthcoming Judgments & Decisions
26-28/10/2021