New Inter-State application: Russia v. Ukraine
The Government of Russia has lodged an application with the European Court against Ukraine.
The case concerns the Russian Government’s allegation of an administrative practice in Ukraine of, among other things, killings, abductions, forced displacement, interference with the right to vote, restrictions on the use of the Russian language and attacks on Russian embassies and consulates. They also complain about the water supply to Crimea at the Northern Crimean Canal being switched off and allege that Ukraine was responsible for the deaths of those on board Malaysia Airlines Flight MH17 because it failed to close its airspace.
Judgment concerning France22/07/2021
In the case of E.H. v. France, the Court has found no violation of the Convention. The applicant submitted that his return to Morocco had exposed him to a risk of treatment contrary to Article 3 on account of his Sahrawi origins and his activism in support of the Sahrawi cause.
This is the first case of this type that the Court has examined, and it noted that international reports concerning Morocco indicated that Moroccan nationals who were activists for Western Saharan independence and the Sahrawi cause constituted a group at particular risk.
However, the evidence in the file did not provide substantial grounds for believing that the applicant’s return to Morocco had placed him at real risk of treatment contrary to Article 3 of the Convention....
Judgment concerning Poland22/07/2021
The Court has found a violation of the right to a fair hearing in the case of Reczkowicz v. Poland. The case concerned complaints lodged by the applicant, a barrister who had been suspended following several incidents when she was representing a client; she alleged before the ECHR that the Disciplinary Chamber of the Polish Supreme Court which had decided on a case concerning her had not been a “tribunal established by law” and had lacked impartiality and independence. The Court found that the procedure for appointing judges to the Disciplinary Chamber had been unduly influenced by the legislative and executive powers. This fundamental irregularity compromised the legitimacy of the Supreme Court’s Disciplinary Chamber....
Judgment concerning France22/07/2021
The Court has found several violations of the Convention in the case of M.D. and A.D. v. France. The case concerned the administrative detention of a Malian national and her four-month-old daughter pending their transfer to Italy, the country responsible for examining their application for asylum....
Judgment concerning Ukraine22/07/2021
In the case of Gumenyuk and Others v. Ukraine the Court held that there had been a violation of the right of access to court and the right to respect for private life. The case concerned judges of the former Supreme Court of Ukraine who were prevented from exercising their functions, without having ever been formally dismissed, because of judicial reform and legislative amendments that took place in 2016. In particular, the Court found unlawful interference within the meaning of the Convention, against the principle of irremovability of judges which is fundamental for judicial independence and public trust in the judiciary.
Judgment concerning Turkey20/07/2021
The Court has found several violations of the right to liberty and security in the case of Akgün v. Turkey.
The case concerned the placement in pre-trial detention of the applicant, a former police officer suspected of being a member of the organisation “FETÖ/PDY” (“Gülenist Terrorist Organisation/parallel State structure”). He was accused of having used the messaging system ByLock, the means of communication purportedly used by FETÖ/PDY.
The Court stated that, in principle, the mere fact of downloading or using a means of encrypted communication or indeed the use of any other method for safeguarding the private nature of exchanged messages could not in itself amount to evidence capable of satisfying an objective observer that an illegal or criminal activity was being engaged in....
Judgment concerning Bulgaria20/07/2021
In the case of D v. Bulgaria, the Court has found a violation of the prohibition on inhuman or degrading treatment and of the right to an effective remedy. The applicant, a journalist, worked for the Zaman daily newspaper and the Cihan press agency, part of the Feza Media Group press group, which was perceived as having “Gülenist” leanings and being critical of the existing political system in Turkey. The case concerned the applicant’s arrest at the Bulgarian-Romanian border three months after the attempted coup of 15 July 2016, and his immediate return to Turkey. The Court noted, among other points, that the applicant had expressed fears that he would be at risk of ill-treatment if he were returned to Turkey, but that the Bulgarian authorities had not examined his request for international protection....
Judgment concerning Austria20/07/2021
In the case of Polat v. Austria, the Court found several violations of the Convention in respect of the post-mortem examination of the applicant’s baby carried out against her will and against her religious convictions....
Judgment concerning Denmark09/07/2021
In the case of M.A. v. Denmark, the Court held that there had been a violation of the right to respect for private and family life.
The applicant is a Syrian national who entered Denmark in January 2015 and was granted a residence permit, subsequently extended for one year at a time. He complained that Denmark has refused to issue his wife with a residence permit for family reunification purposes.
Webcast of the hearing (10/06/2020)...
Country profiles containing data and information, broken down by individual State, on significant cases considered by the Court or currently pending before it, were updated on 30 July 2020.
There is one country profile for each Council of Europe member State....
Communication of a case to Poland19/07/2021
The Court has given notice to the Government of Poland of the application Tuleya v. Poland (no. 2) and requested that they submit their observations. At the same time, the ECHR decided to grant the case priority under Rule 41 of the Rules of the Court.
The case concerns the suspension and lifting of immunity of the applicant, a judge at the Warsaw Regional Court, and the ensuing proceedings. The applicant relies on several Articles of the Convention and alleges, among other points, that the lifting of his immunity is linked to his statements criticising the Government’s reform of the judicial system....