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Grand Chamber hearing concerning San Marino
The Court held a Grand Chamber hearing in the case of Fabbri and Others v. San Marino.
The case concerns delays in separate criminal investigations resulting in the alleged offences becoming time-barred.
- Press release
- Webcast of hearing: 12/07/23
- Country profile: San Marino
Chamber News
In the case of Osman and Altay v. Türkiye, the Court held that there had been a violation of freedom of expression.
The applications concerned the prison authorities’ withholding of four issues of a bi-weekly periodical sent to the applicants by post while they were imprisoned at the Akhisar and Edrine maximum security facilities.
In the case of Camara v. Belgium, the Court held that there had been a violation of the right to a fair hearing.
The case concerned an applicant for international protection who complained that he had been left without accommodation in Belgium despite the decision by which the Brussels French-Language Employment Tribunal had ordered the Belgian State to grant him material assistance and provide him with accommodation.
In the case of Manole v. the Republic of Moldova, the Court held that there had been a violation of the freedom of expression.
The case concerned the applicant’s dismissal from her duties as judge for having informed the press of the reasons for her dissenting opinion – the existence of which was already known – prior to publication of the full text of the decision rendered by the Court of Appeal in a case that she had heard.
In the case of Emin Huseynov v. Azerbaijan No. 2 the Court held that there had been a violation of the right to respect for private and family life.
The applicant was an independent journalist and the chairman of a non-governmental organisation specialising in the protection of journalists’ rights. The case concerned his complaint about being deprived of his Azerbaijani citizenship, making him stateless. He had just spent ten months in hiding in the Swiss embassy in Baku as he was on a wanted list in connection with criminal proceedings against his NGO.
The Court found that no heed had been given to the fact that the termination of the applicant’s citizenship, rendering him stateless, would be in breach of Azerbaijan’s international law obligations. Also, he had not benefited from the necessary procedural safeguards.
Delivered Judgments and Decisions
18/07/2023
13/07/2023
Grand Chamber News
In the case of G.I.E.M. S.r.l. and Others v. Italy the Court delivered a Grand Chamber judgment concerning the question of just satisfaction.
In these cases, the applicants complained about the confiscation of dwellings and land owned by them which formed part of development projects initially authorised by the competent authorities but later declared illegal.
- Press release
- Webcast of hearing : 02/09/15
- Country profile: Italy
The Chamber to which the case Pindo Mulla v. Spain had been allocated has relinquished jurisdiction in favour of the Grand Chamber.
The case concerns blood transfusions administered to the applicant, a Jehovah’s Witness, against her will.
Hearings
The Court held a Grand Chamber hearing in the cases of Nealon v. the United Kingdom and Hallam v. the United Kingdom.
The cases concern the statutory scheme for compensation for wrongful conviction in the Criminal Justice Act 1988 as amended by the Anti-Social Behaviour, Crime and Policing Act 2014.
- Press release
- Webcast of hearing : 05/07/23
- Factsheet: United Kingdom
Decisions
The Court has decided to strike the application Russia v. Ukraine out of its list of cases.
The case concerned the Russian Government’s allegation of a pattern of violations of Convention by Ukraine since 2014. The Court concluded that the Russian Government no longer wished to pursue their application as they had repeatedly failed to reply to its correspondence.
The Court has declared the application in the case of Carvajal Barrios v. Spain inadmissible.
The case concerned the extradition of the applicant to the United States, where he is wanted for drug-smuggling offences. The Court ruled that he had failed to demonstrate that he would be at real risk of being sentenced to life imprisonment without parole if extradited and therefore found the application to be manifestly ill-founded.
Other News
In view of the end, on 9 May 2023, of the state of emergency in the provinces affected by the earthquakes of 6 February 2023, it has been decided that the measures adopted by the Court in relation to cases sent from those provinces will no longer be applied as of 15 July 2023.
On 10 July 2023 Agnès Firmin le Bodo, French Minister Delegate for Territorial Organisation and the Health Professions, attached to the Minister for Health and Prevention, visited the Court and was received by President Síofra O’Leary. Abel Campos, Deputy Registrar of the Court, also attended the meeting.
On 10 July 2023 Ingrid Derveaux, Secretary General of the European Judicial Training Network (EJTN), visited the Court and was received by President Síofra O’Leary. Abel Campos, Deputy Registrar of the Court, also attended the meeting.