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ECHR
Council of Europe
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HUDOC ECHR-KS Council of Europe
CHAMBER HEARING CONCERNING GREECE
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The Court held a Chamber hearing in the cases of G.R.J. v. Greece and A.E. v.
Greece.
The cases concern the alleged “pushback” of two applicants from Greece to
Türkiye without prior proceedings.
* Press release
* Webcast of the hearing
* Country profile: Greece
more...
04/06/24
CHAMBER NEWS
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JUDGMENT CONCERNING MONACO
06/06/24
In the case of Bersheda and Rybolovlev v. Monaco the Court held that there had
been a violation of the right to respect for private life concerning the first
applicant.
The case concerned the conduct of a judicial investigation directed by a French
judge seconded to the Monegasque courts. The Court took the view that the
investigations undertaken by the investigating judge involving a lawyer’s mobile
phone and the massive, indiscriminate recovery of personal data – including
those that had previously been erased by the applicant – had exceeded that
judge’s remit, which had been confined to accusations of invasion of privacy,
and had not been accompanied by safeguards to ensure due respect for the
applicant’s status and professional privilege as a lawyer.
The Court has declared the application inadmissible concerning the second
applicant.
* Press release
* Factsheet: Legal professional privilege
* Factsheet: Data protection
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more ...
JUDGMENT CONCERNING BULGARIA
04/06/24
In the case Bosev v. Bulgaria the Court held that there had been a violation of
the right to a fair trial and a violation of the right to the freedom of
expression.
The case concerned the conviction of a journalist for defamation of a senior
Government official and, more specifically, doubts as to the impartiality of one
of the judges having ruled on the charges laid against him on appeal.
The Court held that the appellate court had not constituted an “impartial
tribunal” and that the manner in which the sanction had been imposed on the
applicant in the present case had fallen short of securing one of the essential
guarantees of a fair trial. It further held that the restriction on the
applicant’s right to freedom of expression had not been accompanied by effective
and adequate safeguards against arbitrariness.
* Press release
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more ...
JUDGMENT CONCERNING GREECE
04/06/24
In the case of Zouboulidis v. Greece (no. 3) the Court held that there had been
a violation of the right to a fair trial.
The case concerned an action taken by the applicant to the Greek Supreme
Administrative Court concerning liability for actions by the judiciary in his
previous civil case. He had previously had a judgment in his favour on the
matter from the ECHR.
The Court found that the ruling against the applicant which was based on a new
interpretation of the Supreme Administrative Court for which there was no
indication of any perceptible line combined with a delay in introducing new
legislation, had created legal uncertainty harming him. He had effectively been
excluded from access to a court regarding the judgment of the Supreme
Administrative Court, despite the ECHR having already found a violation in that
regard.
* Press release
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more ...
JUDGMENT CONCERNING THE RUSSIAN FEDERATION
28/05/24
In the case of Zarema Musayeva and Others v. Russia the Court held that there
had been violations of the right to life, of the right to prohibition of inhuman
and degrading treatment, of the right to liberty and security, of the right to a
fair trial and of the right to limitation on use of restrictions on rights of
the European Convention.
The case concerned the wife of a former Chechen Supreme Court judge, who was
forcibly removed by the police from her home in the Nizhniy Novgorod region in
Russia and taken to Grozny in Chechnya, as well as her subsequent detention and
the administrative and criminal proceedings brought against her there. It also
concerned the ill-treatment that the applicant and her husband and daughter had
been subjected to by the Chechen police, against the background of repeated
public death threats against them by high-ranking Chechen officials, including
the President.
The Court found that the Russian authorities, whose representatives had been the
source of the death threats, had to have been aware of but had done nothing
about the real and immediate risk to the lives of the applicant, her husband and
their daughter. It also found that they had been illtreated by the Chechen
police and that the applicant’s arrest and detention had been arbitrary and
intended as retaliation against her family, who were involved in human-rights
work and opposition activities in Chechnya.
* Press release
* Factsheet: Restrictions on the right to liberty and security for reasons
other than those prescribed by the European Convention
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more ...
JUDGMENT CONCERNING POLAND
28/05/24
In the case of Pietrzak and Bychawska-Siniarska and Others v. Poland the Court
held that there had been three violations of the right to respect for private
and family life and correspondence.
The case concerned a complaint by five Polish nationals about Polish legislation
authorising a system for secret surveillance and the retention of
telecommunications, postal and digital communications data for potential use by
the relevant national authorities. They alleged that there was no remedy
available under domestic law allowing persons who believe that they have been
subjected to secret surveillance to complain about that fact, and to have its
lawfulness reviewed.
The Court held that all the shortcomings identified by it in the
operational-control regime led to a conclusion that the national legislation did
not provide sufficient safeguards against excessive recourse to surveillance and
undue interference with individuals’ private life; the absence of such
guarantees was not sufficiently counterbalanced by the current mechanism for
judicial review.
* Press release
* Delivery of the judgment
* Webcast of the hearing (27/09/2022)
* Factsheet: Mass surveillance
* Country profile – Poland
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more ...
DELIVERED JUDGMENTS AND DECISIONS
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06/06/2024
* 32 Judgments & 55 Decisions
04/06/2024
* 8 Judgments
FORTHCOMING JUDGMENTS & DECISIONS
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11-13/06/2024
* 10 Judgments & 33 Judgments/Decisions
GRAND CHAMBER NEWS
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FORTHCOMING RULING
04/06/24
The Court will be delivering a Grand Chamber ruling in the case of Nealon and
Hallam v. the United Kingdom on 11 June 2024.
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
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more ...
RELINQUISHMENT
17/04/24
The Chamber to which the case C.O.C.G. and Others v. Lithuania had been
allocated has relinquished jurisdiction in favour of the Grand Chamber.
The case concerns four Cuban nationals and their repeated attempts to enter
Lithuania by crossing the border with Belarus. The applicants submit that on
each attempt Lithuanian border guards pushed them back, at gunpoint, into
Belarusian territory, without giving them an opportunity to submit asylum
applications. They have eventually entered Lithuania and have been apprehended.
The case also concerns their subsequent deprivation of liberty in a centre for
asylum seekers.
* Press release
* Factsheet: Collective expulsions of aliens
* Factsheet: Interim measures
* Cases pending before the Grand Chamber
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more ...
HEARINGS
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FORTHCOMING HEARING
27/05/24
The Court will be holding a Grand Chamber hearing in the case of Ukraine and the
Netherlands v. Russia on 12 June 2024.
This Inter-State case covers complaints concerning the Russian military
operations in Ukraine since 24 February 2022 and the conflict in eastern Ukraine
involving pro-Russian separatists which began in 2014, including the downing of
Flight MH17.
* Press release
* Calendar of hearings
* Questions and Answers on Inter-State applications
* Inter-State applications
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more ...
DECISIONS
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DÉCISION D’IRRECEVABILITÉ CONCERNANT LA FRANCE
23/05/24
La Cour a déclaré irrecevable la requête dans l’affaire Amar c. France.
L’affaire concernait des procédures disciplinaires dirigées contre le requérant,
alors vice-procureur du Parquet national financier, qui avait été chargé de
travailler sur plusieurs procédures visant l’ancien Président de la République,
Nicolas Sarkozy, notamment pour corruption d’un magistrat de la Cour de
cassation. Le 26 mars et le 21 avril 2021, le Premier ministre saisit le Conseil
supérieur de la magistrature (CSM) d’une plainte disciplinaire dirigée contre le
requérant pour des manquements allégués à ses obligations déontologiques.
* Communiqué de presse
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more ...
INADMISSIBILITY DECISION CONCERNING BELGIUM
16/05/24
In the case of Mikyas and Others v. Belgium, the Court has, by a majority,
declared the application inadmissible. The decision is final.
The case concerned three young women who identify as Muslims. They complained
that they were unable to wear the Islamic headscarf in their secondary schools
(except during religious education classes), following the prohibition on
wearing any visible symbols of one’s beliefs in the official education system of
the Flemish Community.
* Press release
* Factsheets: Religious symbols and clothing
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more ...
COMMUNICATION OF CASES
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COMMUNICATION OF CASES TO TÜRKIYE
29/04/24
The Court has communicated to the Government of Türkiye another five cases
covering 1,000 applications concerning convictions for membership of an armed
terrorist organisation, based on the alleged use of the encrypted messaging
application called ByLock.
The background to these applications, and 1,000 others notified in December
2023, was set out by the Court’s Grand Chamber case Yüksel Yalçınkaya v.
Türkiye. The core issues raised by the applicants concern no punishment without
law and the right to a fair trial that have already been judged in this case.
* Press release
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more ...
QUICK LINKS
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OTHER NEWS
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VISIT BY THE MINISTER OF JUSTICE OF POLAND
06/06/24
On 6 June 2024, Adam Bodnar, Minister of Justice of Poland, accompanied by Maria
Ejchart, Undersecretary of State at the Ministry of Justice, visited the Court
and were received by President Síofra O’Leary. Krzysztof Wojtyczek, Judge
elected in respect of Poland, and Marialena Tsirli, Registrar of the Court, also
attended the meeting.
* Country profile: Poland
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more ...
VISIT TO THE EUROPEAN CENTRAL BANK
04/06/24
On 3 June 2024 President Síofra O’Leary visited the European Central Bank (ECB),
in Frankfurt am Main (Germany), where she met Christine Lagarde, President of
the ECB, Frank Elderson and Philip R. Lane, members of the Executive Board of
the ECB, and Chiara Zilioli, Director General of Legal Services. On that
occasion President O’Leary made a presentation on the recent climate change
rulings.
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more ...
ELSA MOOT COURT WINNER 2024
31/05/24
The team from the University of Birmingham was declared winner of the 12th
edition of the European Moot Court Competition in English on the European
Convention of Human Rights after beating a team from the University of
Maastricht in the final round. Eighteen university teams from thirteen countries
were competing to win a fictitious case related to issues such as controversy
and freedom of expression from 27 to 31 May 2024.
This competition is organised jointly by the Council of Europe and the European
Law Students Association (ELSA).
* More info (web site CoE)
* More info (web site ECHR)
* More info (web site ELSA)
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more ...
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