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1
dev
001-92808
ENG
DEU
ADMISSIBILITY
2,009
ERNEWEIN AND OTHERS v. GERMANY
2
Inadmissible
Isabelle Berro-Lefèvre;Karel Jungwiert;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger;Zdravka Kalaydjieva
The applicants are sixty-four natural persons who are all French citizens (see list appended) and an association, the “Orphelins de pères malgré-nous d’Alsace-Moselle” (OPMNAN). They were represented before the Court by Mr A. Friederich, a lawyer practising in Strasbourg. , may be summarised as follows. The applicants ...
0
dev
001-81608
ENG
DEU
CHAMBER
2,007
CASE OF JORGIC v. GERMANY
1
Remainder inadmissible;No violation of Art. 6-1 or 5-1;No violation of Art. 7
Javier Borrego Borrego;Margarita Tsatsa-Nikolovska;Peer Lorenzen;Rait Maruste;Renate Jaeger;Snejana Botoucharova;Volodymyr Butkevych
6. The applicant was born in 1946. When he lodged his application, he was detained in Bochum, Germany. 7. In 1969 the applicant, a national of Bosnia and Herzegovina of Serb origin, entered Germany, where he legally resided until the beginning of 1992. He then returned to Kostajnica, which forms part of the city of Dob...
0
dev
001-60723
ENG
NLD
CHAMBER
2,002
CASE OF YOUSEF v. THE NETHERLANDS
1
No violation of Art. 8
Gaukur Jörundsson
9. The applicant, born in 1959, was an Egyptian national at the time of the events complained of. He has since obtained Netherlands nationality and, as far as the Court is aware, is at present living in the Netherlands. 10. The applicant first arrived in the Netherlands in 1985. That year he met Ms R., a Netherlands na...
0
dev
001-22321
ENG
DEU
ADMISSIBILITY
2,002
WINGERTER v. GERMANY
4
Inadmissible
Ireneu Cabral Barreto
The applicant, Norbert Wingerter, is a German national, who was born in 1938 and lives in Heilbronn. The respondent Government were represented by Mr Klaus Stoltenberg, Ministerialdirigent. The facts of the case, as submitted by the parties, may be summarised as follows. On 27 September 1996 the Stuttgart District Disc...
0
dev
001-86742
ENG
DEU
ADMISSIBILITY
2,008
FREIFRAU VON REHLINGEN AND OTHERS v. GERMANY
4
Inadmissible
Eckart Klein;Isabelle Berro-Lefèvre;Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Volodymyr Butkevych
The four applicants are Mrs Alexandra Freifrau von Rehlingen, Mr Matthias Prinz and their two children: Antonia Luisa Alexandrine, and Fidelius Friedrich Günter. They are all German nationals who were born in 1955, 1956, 1990 and 1992 respectively and live in Hamburg. The applicants were all represented before the Cour...
0
dev
001-69505
ENG
POL
ADMISSIBILITY
2,005
KORAL v. POLAND
4
Inadmissible
Nicolas Bratza
The applicant, Mr Janusz Koral, is a Polish national who was born in 1953 and lives in Opinogόra, Poland. The facts of the case, as submitted by the parties, may be summarised as follows. On an unspecified date in 1989 criminal proceedings were instituted against J.K., the applicant's neighbour who assaulted and seriou...
0
dev
001-69543
ENG
GBR
ADMISSIBILITY
2,005
MCCALLA v. THE UNITED KINGDOM
4
Inadmissible
Josep Casadevall;Nicolas Bratza
The applicant, Royland McCalla, is a Jamaican national who was born in 1972 and lives in Nottingham. He is represented before the Court by Mr F.Vaz, a lawyer practising in Edgware. The applicant arrived in the United Kingdom in December 1999 and was granted leave to enter as a visitor until 17 January 2000. He applied ...
0
dev
001-75223
ENG
TUR
ADMISSIBILITY
2,006
CELIK AND OTHERS v. TURKEY
4
Inadmissible
null
The applicants whose names appear in the appendix are Turkish nationals. They are represented before the Court by Mr Mahmut Vefa, a lawyer practising in Diyarbakır. The facts of the case, as submitted by the parties, may be summarised as follows. Until 1994 the applicants all lived in Akçabudak village, in the district...
0
dev
001-110895
ENG
UKR
CHAMBER
2,012
CASE OF KAVERZIN v. UKRAINE
3
Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) ...
André Potocki;Angelika Nußberger;Ann Power-Forde;Dean Spielmann;Elisabet Fura;Ganna Yudkivska
4. The applicant was born in 1973. He is currently serving a prison sentence in Vinnytsya. 5. On 12 January 2001 the applicant was arrested on suspicion of several counts of aggravated murder and robbery. In the course of his arrest force was used against the applicant. 6. Subsequently, the applicant was taken to a pol...
1
dev
001-57606
ENG
BEL
CHAMBER
1,971
CASES OF DE WILDE, OOMS AND VERSYP ("VAGRANCY") v. BELGIUM
2
Preliminary objection partially allowed (non-exhaustion of domestic remedies);Violation of Art. 5-4;No violation of Art. 5-1;No violation of Art. 4;No violation of Art. 3;No violation of Art. 8;No violation of Art. 13;Just satisfaction reserved
null
13. The purpose of the Government’s application is to submit the De Wilde, Ooms and Versyp cases for judgment by the Court. On several points the Government therein expresses its disagreement with the opinion stated by the Commission in its report. 14. The facts of the three cases, as they appear from the said report, ...
1
dev
001-84670
ENG
RUS
CHAMBER
2,008
CASE OF MASLOVA AND NALBANDOV v. RUSSIA
2
Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment;Torture) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation)...
Dean Spielmann;Elisabeth Steiner;Khanlar Hajiyev;Loukis Loucaides;Sverre Erik Jebens
6. The applicants were born in 1980 and 1982 respectively and live in the town of Nizhniy Novgorod. 7. Between 4 and 24 November 1999 the first applicant had the status of witness in a murder case conducted jointly by the police and the prosecution. 8. It appears that these authorities repeatedly summoned her to give e...
1
dev
001-101952
ENG
POL
CHAMBER
2,010
CASE OF GRZEGORZ JOŃCZYK v. POLAND
4
No violation of Art. 5-1
David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Mihai Poalelungi;Nicolas Bratza;Päivi Hirvelä
5. The applicant was born in 1976 and is currently detained in Kassel, Germany. 6. On 7 December 2007 the applicant was arrested on suspicion of uttering threats and domestic violence. On 8 December 2007 the Żary District Court ordered his detention on remand. 7. On 22 December 2007 he was admitted to a psychiatric hos...
0
dev
001-22360
ENG
GBR
ADMISSIBILITY
2,002
DOUBTFIRE v. THE UNITED KINGDOM
4
Inadmissible
Gaukur Jörundsson;Nicolas Bratza
The applicant, Robert Doubtfire, is a United Kingdom national, who was born in 1961. He was represented before the Court by Ms Cunneen, a solicitor of Liberty, an organisation based in London. The facts of the case, as submitted by the parties, may be summarised as follows. On 6 May 1993 the applicant was arrested in a...
0
dev
001-77551
ENG
TUR
ADMISSIBILITY
2,006
DIREKCI v. TURKEY
4
Inadmissible
null
The applicant, Mr Erol Direkçi, is a Turkish national who was born in 1950 and lives in Ankara. He was represented before the Court by Mr L. Kanat, a lawyer practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court. On 15 October 1995 ...
0
dev
001-57595
ENG
DEU
CHAMBER
1,968
CASE OF WEMHOFF v. GERMANY
2
No violation of Art. 5-3;No violation of Art. 6-1
null
1. The object of the Commission’s request is to submit the case of Karl-Heinz Wemhoff to the Court so that the Court may decide whether or not the facts reveal any violation by the Federal Republic of Germany of its obligations under Articles 5 (3) and 6 (1) (art. 5-3, art. 6-1) of the Convention. 2. The facts of the c...
0
dev
001-75257
ENG
TUR
ADMISSIBILITY
2,006
DEMIR v. TURKEY
4
Inadmissible
null
The applicants, Süleyman Demir, İsmail Aktaş, Metin Kahramanoğlu, Ali Gündoğan and Bekir Demir, are Turkish nationals. They are represented before the Court by Mr A. C. Zülfikar and Mr M. Gündoğdu, lawyers practising in Elazığ. The facts of the case, as submitted by the parties, may be summarised as follows. Until Octo...
0
dev
001-5716
ENG
TUR
ADMISSIBILITY
2,001
GÖZTOK v. TURKEY
4
Inadmissible
Elisabeth Palm;Gaukur Jörundsson
The applicant is a Turkish national, born in 1944 and living in Istanbul. He is represented before the Court by Mrs İmmihan Yaşar, Mr Talat Tepe, Mr Ahmet Akkuş and Mrs Naciye Kaplan, lawyers practising in Istanbul. The facts of the case, as submitted by the parties, may be summarised as follows. Until 1995 the applica...
0
dev
001-120503
ENG
UKR
ADMISSIBILITY
2,013
LIMAN v. UKRAINE
4
Inadmissible
Aleš Pejchal;André Potocki;Ann Power-Forde;Ganna Yudkivska;Helena Jäderblom;Mark Villiger;Paul Lemmens
1. The applicant, Mr Oleg Nikolayevich Liman, is a Ukrainian national, who was born in 1973. Before being imprisoned the applicant lived in Slovyansk, Donetsk Region. 2. The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy. 3. The facts of the case, as submitted by the parties,...
0
dev
001-85927
ENG
RUS
ADMISSIBILITY
2,008
DAVIDCHUK v. RUSSIA
4
Inadmissible
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Sverre Erik Jebens
The applicant, Mr Viktor Anatolyevich Davidchuk, is a Russian national who was born in 1960 and lives in the Bryansk Region. The Russian Government were initially represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representat...
0
dev
001-22017
ENG
AUT
ADMISSIBILITY
2,001
H.P. AND OTHERS v. AUSTRIA
4
Inadmissible
Nicolas Bratza
The applicants, H.P., born in 1941, E.M., born in 1932, R.B., born in 1936, G.P., born in 1945, and M.G., born in 1943, are all Austrian nationals. They are living in Spittal/Drau, Gladbach and Möllbrücke respectively. They are represented before the Court by Mr H. Walther, a lawyer practising in Klagenfurt. The facts ...
0
dev
001-81807
ENG
CYP
CHAMBER
2,007
CASE OF ARESTI CHARALAMBOUS v. CYPRUS
3
Violation of Art. 6-1;Remainder inadmissible;Non-pecuniary damage - financial award;Costs and expenses (domestic proceedings) - claim dismissed;Costs and expenses partial award - Convention proceedings
Christos Rozakis
4. The applicant was born in 1972 and lives in Nicosia. 5. The facts of the case, as submitted by the parties and as derived from the minutes of the proceedings, may be summarised as follows. 6. On 14 August 1997 the applicant married a Romanian citizen. On 28 September 1998 he filed a petition for divorce (no. 382/98)...
1
dev
001-108009
ENG
SVN
CHAMBER
2,011
CASE OF BEGUS v. SLOVENIA
3
Remainder inadmissible;Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - award
André Potocki;Angelika Nußberger;Ann Power-Forde;Dean Spielmann;Elisabet Fura;Ganna Yudkivska
5. The applicant was born in 1953 and lives in Ljubljana. 6. The applicant is the director and sole owner of the limited liability company Energohit d.o.o., which provides consultancy, engineering and representation services. 7. On 25 October 1996 the applicant, representing his company Energohit, instituted enforcemen...
1
dev
001-108610
ENG
GBR
CHAMBER
2,012
CASE OF VINTER AND OTHERS v. THE UNITED KINGDOM
3
Remainder inadmissible;No violation of Article 3 - Prohibition of torture (Article 3 - Degrading punishment;Inhuman punishment) (Substantive aspect)
David Thór Björgvinsson;George Nicolaou;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä;Vincent A. De Gaetano
8. Since the abolition of the death penalty in England and Wales, the sentence for murder has been a mandatory sentence of life imprisonment. When such a sentence is imposed, it is the current practice, in the majority of cases, for the trial judge to set a minimum term of imprisonment which must be served before the p...
0
dev
001-91187
ENG
DEU
ADMISSIBILITY
2,009
ULLMANN v. GERMANY
4
Inadmissible
Isabelle Berro-Lefèvre;Karel Jungwiert;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger;Zdravka Kalaydjieva
The first applicant, Mrs Martha Ullmann, and the second applicant, Mr Markus Ullmann, are German nationals who were born in 1966 and 1968 respectively and live in Lappersdorf. They were represented before the Court by Ms C. Schenk and Mr F. Schwinghammer, lawyers practising in Regensburg. The applicants, a married coup...
0
dev
001-77386
ENG
CZE
ADMISSIBILITY
2,006
KVĚTOŇOVÁ v. THE CZECH REPUBLIC
4
Inadmissible
Peer Lorenzen
The applicant, Ms Eva Květoňová, is a Czech national who was born in 1934 and lives in Munich. She was represented before the Court by Mr I. Chytil, a lawyer practising in Prague. The applicant’s parents owned a family house and two lands located in Trutnov. In February 1971 the applicant’s father died. The applicant a...
0
dev
001-58233
ENG
NLD
CHAMBER
1,998
CASE OF ERKALO v. THE NETHERLANDS
3
Preliminary objection rejected (non-exhaustion of domestic remedies);Violation of Art. 5-1;Not necessary to examine Art. 5-4;Not necessary to examine Art. 13+5-4;Non-pecuniary damage - finding of violation sufficient;Costs and expenses award - Convention proceedings
R. Pekkanen
8. The applicant is an Ethiopian national born in 1970. 9. The applicant was convicted on two counts of manslaughter by the Groningen Regional Court (arrondissementsrechtbank) on 21 June 1990. He had broken into the homes of two elderly ladies whom he had strangled to death, both these incidents taking place within the...
1
dev
001-95808
ENG
POL
CHAMBER
2,009
CASE OF POLKOWSKA v. POLAND
4
Violation of Article 6 - Right to a fair trial
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
5. The applicant was born in 1959 and lives in Otwock. 6. On an unspecified date in January 1987 the applicant's former husband instituted civil proceedings for division of matrimonial property. 7. During the proceedings the Otwock District Court (Sąd Rejonowy) decided on several occasions, of its own motion, to stay t...
1
dev
001-5462
ENG
TUR
ADMISSIBILITY
2,000
ÜNVER v. TURKEY
4
Inadmissible
Elisabeth Palm;Gaukur Jörundsson
The applicant is a Turkish national, born in 1926 and living in Antalya (Turkey) and Belvue (Switzerland). He is represented before the Court by Mr Sinan Aklar, a lawyer practising in Antalya(Turkey). A. The facts of the case, as submitted by the parties, may be summarised as follows. The applicant owns a three-story h...
0
dev
001-114480
ENG
GBR
ADMISSIBILITY
2,012
DUNN v. THE UNITED KINGDOM
4
Inadmissible
Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä;Vincent A. De Gaetano;Zdravka Kalaydjieva
1. The applicant, Mr James Lee Dunn, is a British national, who was born in 1981 and is currently detained at HMP Wakefield. He is represented before the Court by Hadgkiss Hughes & Beale, a firm of solicitors based in Birmingham. The United Kingdom Government (“the Government”) are represented by their Agent, Ms Ahila ...
0
dev
001-81232
ENG
RUS
ADMISSIBILITY
2,007
KUZNETSOVA v. RUSSIA
4
Inadmissible
Christos Rozakis
The applicant, Mrs Lyubov Yevgenyevna Kuznetsova, is a Russian national who was born in 1957 and lives in Volgograd. The Russian Government were represented by Mr P. Laptev, Representative of the Russian Federation at the European Court of Human Rights. The facts of the case, as submitted by the parties, may be summari...
0
dev
001-100448
ENG
NLD
GRANDCHAMBER
2,010
CASE OF SANOMA UITGEVERS B.V. v. THE NETHERLANDS
2
Violation of Art. 10
Alvina Gyulumyan;Christos Rozakis;Corneliu Bîrsan;Egbert Myjer;Françoise Tulkens;George Nicolaou;Ineta Ziemele;Isabelle Berro-Lefèvre;Jean-Paul Costa;Josep Casadevall;Karel Jungwiert;Khanlar Hajiyev;Luis López Guerra;Mark Villiger;Mihai Poalelungi;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä;Peer Lorenzen;Rait Maruste;...
9. The applicant company is based in Hoofddorp. Its business is publishing and marketing magazines, including the weekly Autoweek, which caters for readers who are interested in motoring. 10. On 12 January 2002, an illegal street race was held in an industrial area on the outskirts of the town of Hoorn. Journalists of ...
1
dev
001-105324
ENG
RUS
ADMISSIBILITY
2,011
NASIRKHAYEVA v. RUSSIA
4
Inadmissible
Anatoly Kovler;Elisabeth Steiner;George Nicolaou;Khanlar Hajiyev;Mirjana Lazarova Trajkovska;Peer Lorenzen
The applicant, Ms Aminat Nasirkhayeva, is a Russian national who lives in Grozny, Chechnya. She is represented before the Court by Mr D. Itslayev, a lawyer practising in Nazran, Ingushetia. The respondent Government are represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of H...
0
dev
001-120064
ENG
MNE
CHAMBER
2,013
CASE OF VUKELIĆ v. MONTENEGRO
3
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Reasonable time);Pecuniary damage - claim dismissed;Non-pecuniary damage - award
András Sajó;Guido Raimondi;Helen Keller;Nebojša Vučinić;Paulo Pinto De Albuquerque;Peer Lorenzen
9. The applicant was born in 1963 and lives in Skopje, “the former Yugoslav Republic of Macedonia”. 10. The facts of the case, as submitted by the parties, may be summarised as follows. 11. On an unspecified date the applicant, represented by a lawyer, filed a compensation claim against another private person (“the deb...
1
dev
001-86508
ENG
GBR
ADMISSIBILITY
2,008
WOOD v. THE UNITED KINGDOM
4
Inadmissible
Giovanni Bonello;Ján Šikuta;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä
The applicant, Mr Robin Wood, is a British national who was born in 1948 and lives in Cheshire. He was represented before the Court by Pierce Glynn, solicitors in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office. The facts ...
0
dev
001-77502
ENG
RUS
ADMISSIBILITY
2,006
IVANOV v. RUSSIA
4
Inadmissible
Christos Rozakis
The applicant, Mr Igor Mikhaylovich Ivanov, is a Russian national who was born in 1938 and lives in St. Petersburg. The Russian Government (“the Government”) were represented by Mr P. Laptev, the Representative of the Russian Federation at the European Court of Human Rights. The facts of the case, as submitted by the p...
0
dev
001-103944
ENG
HUN
COMMITTEE
2,011
CASE OF LASZLO MOLNAR v. HUNGARY
4
Violation of Art. 6-1
András Sajó;Ireneu Cabral Barreto
4. The applicant was born in 1942 and lives in Budapest. 5. On 15 September 1989 the applicant brought an action against a private individual before the Pest Central District Court, seeking to recover the possession of some specific movable property. 6. After several hearings, a judgment was delivered on 19 November 19...
1
dev
001-110200
ENG
RUS
CHAMBER
2,012
CASE OF KOCHALIDZE v. RUSSIA
4
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Anatoly Kovler;Elisabeth Steiner;Erik Møse;Khanlar Hajiyev;Linos-Alexandre Sicilianos;Peer Lorenzen
6. The applicant was born in 1972 and lives in Rostov-on-Don. 7. The applicant served in the military. By a judgment of 18 October 2002 the Military Court of the Vladikavkaz Garrison declared unlawful the refusal of the commander of military unit 66156 to pay the applicant additional monthly combat allowance, obliged t...
1
dev
001-107727
ENG
RUS
COMMITTEE
2,011
CASE OF REDNIKOV v. RUSSIA
4
Violation of Art. 6-1
Anatoly Kovler;Linos-Alexandre Sicilianos;Mirjana Lazarova Trajkovska
4. The applicant was born in 1938 and lives in Moscow. 5. On 1 February 2001 the applicant brought proceedings against a private company for breach of his patent rights. 6. By a judgment of 10 November 2002 the Zamoskvoretskiy District Court of Moscow (“the District Court”) dismissed his claim. 7. On 28 November 2003 t...
1
dev
001-61141
ENG
SVK
CHAMBER
2,003
CASE OF BENACKOVA v. SLOVAKIA
4
Violation of Art. 6-1;Not necessary to examine Art. 13;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses partial award
Nicolas Bratza
4. The applicant was born in in 1947 and lives in Bratislava. 5. On 3 May 1991 the applicant filed an action for damages with the Bratislava I District Court. She claimed compensation for a work-related accident. 6. On 9 September 1993 the District Court dismissed the action. The applicant appealed on 1 October 1993. 7...
1
dev
001-69652
ENG
POL
ADMISSIBILITY
2,005
KAWALKO v. POLAND
4
Inadmissible
Nicolas Bratza
The applicant, Bogusław Kawałko, is a Polish national, who was born in 1950 and lives in Wilczyce, Poland. The facts of the case, as submitted by the parties, may be summarised as follows. On 13 February 1991 the applicant filed an application for dissolution of joint property with the Legnica District Court (Sąd Rejon...
0
dev
001-88758
ENG
HUN
CHAMBER
2,008
CASE OF ECOPREVENT KFT. v. HUNGARY
4
Violation of Article 6 - Right to a fair trial
András Sajó;Françoise Tulkens;Ireneu Cabral Barreto;Nona Tsotsoria;Vladimiro Zagrebelsky
4. The applicant is a limited liability company, founded in 2006, with its seat in Budapest. 5. On 10 August 1992 its predecessor (see paragraph 1 above) requested the Budapest Regional Court to issue an order for payment against another company. 6. The court ordered the respondent to make a payment of 61,369 Hungarian...
1
dev
001-78726
ENG
LTU
ADMISSIBILITY
2,006
SCIUKINA v. LITHUANIA
4
Inadmissible
null
The applicant, Ms Irina Ščiukina, is a Lithuanian national who was born in 1958 and lives in Klaipėda. She was represented before the Court by Mr L. Zubanovas, a lawyer practising in Klaipėda. The Lithuanian Government (“the Government”) were represented by their Agent, Ms E. Baltutytė. The facts of the case, as submit...
0
dev
001-92855
ENG
AUT
CHAMBER
2,009
CASE OF STROBEL v. AUSTRIA
4
Violation of Article 6 - Right to a fair trial
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;Khanlar Hajiyev;Sverre Erik Jebens
5. The applicant is a university professor of ancient history and archeology who was appointed at Klagenfurt University in 1998. Under the terms of appointment he was entitled to reimbursement of the removal costs and to a household allowance. In April 2001 the sum of 5,699.21 euros (EUR) was paid to the applicant. 6. ...
1
dev
001-94562
ENG
RUS
CHAMBER
2,009
CASE OF TOPORKOV v. RUSSIA
3
Preliminary objection dismissed (non-exhaustion of domestic remedies);No violation of Art. 3 (substantive aspect);Violation of Art. 3 (procedural aspect)
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Loukis Loucaides;Sverre Erik Jebens
7. The applicant was born in 1968 and is serving a prison sentence in Sorda, in the Kirov region. 8. On 9 March 1999 senior police officer U. sent his subordinates, including officers M. and Sh., to arrest the applicant at his flat and take him to the Regional Department of the Interior (УВД Кировской области) for ques...
1
dev
001-98445
ENG
MDA
CHAMBER
2,010
CASE OF CIUBOTARU v. MOLDOVA
2
Preliminary objection joined to merits (non-exhaustion of domestic remedies);Violation of Art. 8;Non-pecuniary damage - award
David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Mihai Poalelungi;Nicolas Bratza;Päivi Hirvelä
5. The applicant was born in 1952 and lives in Chişinău. He is a writer and a professor of French. 6. The applicant's parents, Dumitru Ciubotaru and the late Sofia Caraiman were born in 1927 and 1928 respectively, in Bălţi, province of Bessarabia, Romania. Their Romanian civil status documents did not contain any infor...
1
dev
001-83783
ENG
UKR
ADMISSIBILITY
2,007
DUDNIK AND OTHERS v. UKRAINE
4
Inadmissible
Peer Lorenzen
The first applicant, Mr Leonid Nikolayevich Dudnik, was born in 1946. The second applicant, Mr Vladimir Rabinovich, was born in 1939. The third applicant, Mr Vladimir Dobrov, was born in 1942. All three applicants are Ukrainian nationals. The first applicant lives in Tel Aviv – Yafo, the other two live in Bat-Yam, Isra...
0
dev
001-80075
ENG
BGR
CHAMBER
2,007
CASE OF IVANOVA v. BULGARIA
3
Violation of Art. 9;Not necessary to examine Art. 14;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention and domestic proceedings
Peer Lorenzen
7. In February 1994 the Persons and Family Act was amended to require the registration with the Council of Ministers of non-profit organisations which had religious or related activities. Seventy-eight requests for registration were submitted, but only twenty-three organisations were registered. Those turned down were ...
1
dev
001-101965
ENG
SVK
CHAMBER
2,010
CASE OF VRABEC v. SLOVAKIA
4
Violation of Art. 6-1;Violation of Art. 13
Ján Šikuta;Lech Garlicki
4. The applicant was born in 1949 and lives in Bratislava. 5. On 7 November 1997 enforcement proceedings were initiated against the applicant. 6. On 21 January 1999 the Bratislava IV District Court dismissed the applicant's objections against the enforcement and its costs. 7. On 31 January 2000 the district court dismi...
1
dev
001-107136
ENG
CZE
ADMISSIBILITY
2,011
COLLOREDO MANSFELDOVÁ v. THE CZECH REPUBLIC
4
Inadmissible
Angelika Nußberger;Dean Spielmann;Elisabet Fura;Isabelle Berro-Lefèvre;Karel Jungwiert;Mark Villiger
The applicant, Ms Kristina Colloredo Mansfeldová, is a Czech national who was born in 1940 and lives in Opočno. She was represented before the Court by Mr P. Virag, a lawyer practising in Prague. The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm, from the Ministry of Justice. The f...
0
dev
001-77747
ENG
HUN
CHAMBER
2,006
CASE OF GERGELY v. HUNGARY
4
Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses partial award - domestic proceedings;Costs and expenses partial award - Convention proceedings
null
4. The applicant was born in 1951 and lives in Budapest. 5. On 28 October 1991 the applicant brought an action in the Budapest Regional Court seeking the annulment of a contract and the ownership of a real-estate. Between 13 February 1992 and 31 May 1994 the court held eight hearings and obtained the opinion of an expe...
1
dev
001-83043
ENG
MKD
CHAMBER
2,007
CASE OF STOJKOVIC v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
3
Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time);Pecuniary damage - claim dismissed (Article 41 - Causal link;Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
Peer Lorenzen
4. Between 5 July and 27 December 1991 the applicant worked as a manager of a joint stock company (“the employer”). On 7 February 1992 he was dismissed by the employer’s disciplinary commission, a decision which was confirmed by the executive board on 17 March 1992. 5. On 23 March 1992 the applicant brought an action a...
1
dev
001-112224
ENG
LVA
ADMISSIBILITY
2,012
LEITENDORFS v. LATVIA
4
Inadmissible
Corneliu Bîrsan;Egbert Myjer;Ineta Ziemele;Ján Šikuta;Josep Casadevall;Kristina Pardalos;Nona Tsotsoria
1. The applicant, Mr Ervins Leitendorfs, is a Latvian national who was born in 1976 and lives in Jelgava. He is represented before the Court by Mrs B. Didrihsone, a lawyer practising in Rīga. 2. The Latvian Government (“the Government”) were represented by their Agent, Mrs I. Reine. 3. The facts of the case as submitte...
0
dev
001-91619
ENG
GBR
ADMISSIBILITY
2,009
WOODWARD v. THE UNITED KINGDOM
4
Inadmissible
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
The applicant, Mr James Woodward, is a British national who was born in 1946 and lives in Cheshire. He was represented before the Court by Ms K. Burton, Vale Royal Citizens Advice Bureau, Winsford. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Comm...
0
dev
001-96011
ENG
RUS
CHAMBER
2,009
CASE OF ALEKSANDR KRUTOV v. RUSSIA
4
Violation of Article 10 - Freedom of expression -{General}
Anatoly Kovler;Christos Rozakis;Dean Spielmann;George Nicolaou;Giorgio Malinverni;Sverre Erik Jebens
5. The applicant was born in 1960 and lives in Saratov. 6. On 9 January 2003 the applicant published an article under the headline “The Political Scene in 2002: Old Faces and New Times” (Политические расклады 2002 года: старые лица и новые времена) in issue no. 1 (10) of the Nedelya Oblasti newspaper. The article exami...
1
dev
001-99313
ENG
CZE
ADMISSIBILITY
2,010
BENET CZECH, SPOL. S R.O. v. THE CZECH REPUBLIC
4
Inadmissible
Isabelle Berro-Lefèvre;Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger
The applicant, Benet Czech, spol. s r.o., is a limited liability company incorporated under Czech law with its registered seat in Prague. It was represented before the Court by Mr P. Klimeš, a lawyer practising in Prague. The respondent Government were represented by their Agent, Mr V.A. Schorm, from the Ministry of Ju...
0
dev
001-98467
ENG
HRV
ADMISSIBILITY
2,010
CULAR v. CROATIA
4
Inadmissible
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;Giorgio Malinverni;Khanlar Hajiyev
The applicant, Mr Mate Čular, is a Croatian national who was born in 1952 and lives in Zagreb. He was represented before the Court by Mr T. Vukičević, an advocate practising in Split. The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. Stažnik. The facts of the case, as submitted by the p...
0
dev
001-109193
ENG
UKR
CHAMBER
2,012
CASE OF KLISHYN v. UKRAINE
4
Violation of Article 3 - Prohibition of torture (Article 3 - Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Ar...
André Potocki;Angelika Nußberger;Ann Power-Forde;Dean Spielmann;Elisabet Fura;Ganna Yudkivska
5. The applicant was born in 1985 and lives in the town of Konotop, Ukraine. 6. On 22 November 2003, at around 10 p.m., the applicant, who was drunk, together with P. and R., had a quarrel with seven other persons (M., S., Pv., Ps., Z., Kh. and D.). According to the applicant’s own account, D. hit him in the left eye a...
1
dev
001-57549
ENG
BEL
CHAMBER
1,980
CASE OF VAN OOSTERWIJCK v. BELGIUM
2
Preliminary objection allowed (non-exhaustion of domestic remedies)
null
7. When she lodged her application, Danielle Van Oosterwijck had been working since 1963 in the Secretariat of the Commission of the European Communities; she was at the same time studying at the Free University of Brussels and, in June 1979, obtained a degree in law (licence en droit). Subsequently, she was enrolled a...
0
dev
001-105114
ENG
MLT
CHAMBER
2,011
CASE OF MERCIECA AND OTHERS v. MALTA
3
Violation of Art. 6-1;Pecuniary damage - claim dismissed
David Scicluna;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä;Zdravka Kalaydjieva
6. The applicants were born in 1952, 1954, 1961, 1960, 1964, 1963 and 1945 respectively and live in Malta. They are certified public accountants acting personally and in their capacity as partners of the partnership Deloitte & Touche Certified Public Auditors & Accountants. 7. On an unspecified date the applicants were...
1
dev
001-67675
ENG
NLD
ADMISSIBILITY
2,004
AMEGNIGAN v. THE NETHERLANDS
2
Inadmissible
null
The applicant, Mr Kossi Archil Amegnigan, is a Togolese national, who was born in 1980 and lives in Klazienaveen. He is represented before the Court by Mr R. Bosma, a lawyer practising in Assen. On 18 September 2000, the applicant applied for asylum in the Netherlands under a false identity. This asylum request was rej...
0
dev
001-60003
ENG
POL
CHAMBER
2,001
CASE OF GORZELIK AND OTHERS v. POLAND
2
No violation of Art. 11
Georg Ress
8. On an unknown date the applicants (who all describe themselves as “Silesians”), together with one hundred and ninety other persons, decided to form an association (stowarzyszenie) entitled “Union of People of Silesian Nationality” (Związek Ludności Narodowości Śląskiej). The founders subsequently adopted a memorandu...
0
dev
001-104668
ENG
RUS
CHAMBER
2,011
CASE OF SHOKKAROV AND OTHERS v. RUSSIA
3
Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Remainder inadmissible;Violation of Art. 2 (substantive aspect);Violation of Art. 2 (procedural aspect);No violation of Art. 3 (substantive aspect);No violation of Art. 3 (procedural aspect);Violation of Art. 3 (substantive aspec...
Anatoly Kovler;Christos Rozakis;Elisabeth Steiner;George Nicolaou;Khanlar Hajiyev;Peer Lorenzen
6. The applicants are: (1) Mr Vakha Shokkarov (also spelled Vakhi Shokarov), who was born in 1941, (2) Ms Amani Shokkarova (also spelled Shokarova), who was born in 1939, (3) Ms Khava Shokkarova (also spelled Shokarova), who was born in 1964, and (4) Ms Zulay Tatsegova. The first and second applicants are the parents o...
1
dev
001-59453
ENG
GBR
CHAMBER
2,001
CASE OF KELLY AND OTHERS v. THE UNITED KINGDOM
2
Violation of Art. 2;No violation of Art. 6;No violation of Art. 14;No violation of Art. 13;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings
Nicolas Bratza;Simon Brown
11. The facts of the case, as submitted by the parties and which may be deduced from the documents, may be summarised as follows. The applicants accepted that the summaries below are an accurate reflection of the written statements made by the official personnel involved, without making any admission as to the credibil...
1
dev
001-110918
ENG
SWE
CHAMBER
2,012
CASE OF NACIC AND OTHERS v. SWEDEN
3
No violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Serbia);No violation of Article 8 - Right to respect for private and family life (Article 8 - Expulsion;Article 8-1 - Respect for family life)
André Potocki;Ann Power-Forde;Dean Spielmann;Elisabet Fura;Ganna Yudkivska;Karel Jungwiert;Mark Villiger
7. The first applicant is Mr Sladjan Nacic born in 1969, the second applicant is Mrs Jelena Nacic born in 1971, and the third and fourth applicants are their sons, born in 1991 and 1994. They are currently in Sweden. 8. The applicants are of Roma descent and lived in the village of Kosovo Polje. Following the outbreak ...
0
dev
001-87221
ENG
HUN
CHAMBER
2,008
CASE OF DAROCZY v. HUNGARY
3
Violation of Art. 8;Non-pecuniary damage - award
András Sajó;Françoise Tulkens;Ireneu Cabral Barreto;Nona Tsotsoria;Vladimiro Zagrebelsky
5. The applicant, Ms Tibor Ipolyné Daróczy, is a Hungarian national who was born in 1933 and lives in Budapest. 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. In 1950 the applicant married Mr Tibor Ipoly Daróczy. According to birth certificate no. 1786/1927 Mr Daróczy was entitl...
1
dev
001-58298
ENG
TUR
GRANDCHAMBER
1,999
CASE OF SÜREK v. TURKEY (No. 4)
2
Violation of Art. 10;Preliminary objections rejected (non-exhaustion of domestic remedies, estoppel);Violation of Art. 6-1;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - domestic proceedings;Costs and expenses partial award - Convention proceedings
John Freeland;Luzius Wildhaber;Paul Mahoney
8. The applicant is a Turkish citizen who was born in 1957 and lives in Istanbul. 9. At the material time, the applicant was the major shareholder in Deniz Basın Yayın Sanayi ve Ticaret Organizasyon, a Turkish limited liability company which owns a weekly review entitled Haberde Yorumda Gerçek (The Truth of News and Co...
1
dev
001-104359
ENG
MLT
CHAMBER
2,011
CASE OF GERA DE PETRI TESTAFERRATA BONICI GHAXAQ v. MALTA
3
Violation of Art. 6-1;Violation of P1-1;No violation of Art. 13;Pecuniary damage - reserved;Non-pecuniary damage - award
Joseph Zammit Mckeon;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä;Zdravka Kalaydjieva
6. The applicant was born in 1949 and lives in Balzan, Malta. 7. The applicant is the owner of a property, known as Palazzo Bonici, in Valetta. She partly owns some of the ground floor shops, and entirely owns the house, from the rest of the ground floor and the basement to the top floors. 8. The property had been dama...
1
dev
001-58072
ENG
ITA
CHAMBER
1,996
CASE OF CALOGERO DIANA v. ITALY
3
Preliminary objection joined to merits (non-exhaustion of domestic remedies);Preliminary objection rejected (non-exhaustion of domestic remedies);Violation of Art. 8;Violation of Art. 13;Not necessary to examine Art. 6-3-b;Pecuniary damage - claim dismissed;Non-pecuniary damage - finding of violation sufficient;Costs a...
C. Russo;R. Pekkanen
7. On 11 September 1970 Mr Diana was arrested on suspicion of having taken part in the activities of the terrorist organisation known as the "Red Brigades" and immediately taken into custody. He was convicted on eleven occasions between February 1971 and January 1987, the heaviest sentences he received being those impo...
1
dev
001-61361
ENG
POL
CHAMBER
2,003
CASE OF GIDEL v. POLAND
4
Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses (Convention proceedings) - claim dismissed
Nicolas Bratza
4. The applicant, Mr Józef Gidel, is a Polish national, who was born in 1959 and lives in Kraków, Poland. 5. The applicant runs a car repair shop in Kraków. On 11 March 1993 he sued a certain I.K. and the State Treasury before the Kraków District Court (Sąd Rejonowy), seeking payment for the repair of I.K’s car. On 27 ...
1
dev
001-88750
ENG
TUR
CHAMBER
2,008
CASE OF SAYA AND OTHERS v. TURKEY
3
Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Pecuniary damage - claim dismissed;Non-pecuniary damage - award
Antonella Mularoni;Françoise Tulkens;Ireneu Cabral Barreto;Nona Tsotsoria
4. The applicants were born in 1964, 1969, 1964, 1971, 1961, 1965, 1971, 1975, 1964, 1971 and 1965 respectively, and live in Adıyaman. 5. On 30 April 1999 the Adıyaman Governor authorised the holding of May Day celebrations in the Adıyaman Amphitheatre, located in the Hasancık District. 6. On 1 May 1999 a group of peop...
1
dev
001-98115
ENG
UKR
CHAMBER
2,010
CASE OF MENSHAKOVA v. UKRAINE
3
Violation of Art. 6-1;No violation of Art. 6-1;Remainder inadmissible;Non-pecuniary damage - award;Pecuniary damage - claim dismissed
Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Mykhaylo Buromenskiy;Peer Lorenzen;Renate Jaeger;Zdravka Kalaydjieva
4. The applicant was born in 1941 and lives in Sevastopol. 5. She worked at the State-owned company “Sevastopolskyy Morskyy Zavod” (“the SMZ”). Following her retirement from the SMZ on 30 September 1996 the applicant worked for the SMZ's subsidiary company “Sovmorsudokorpus” (“the SMSK”) until July 1997. 6. She institu...
1
dev
001-76682
ENG
BGR
CHAMBER
2,006
CASE OF YANAKIEV v. BULGARIA
3
Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Access to court;Civil rights and obligations;Determination (civil));Pecuniary and non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Pecuniary damage;Just satisfaction)
Peer Lorenzen
9. By an order of 13 October 1983 the applicant was settled as a tenant, together with his family, in a flat which the State had assigned in 1980 for “use and management” to the State enterprise by which he was employed. He moved in the flat in 1986. 10. In a decision of 20 September 1991 the Council of Ministers trans...
1
dev
001-57886
ENG
GBR
CHAMBER
1,994
CASE OF WYNNE v. THE UNITED KINGDOM
3
No violation of Art. 5-4
C. Russo;John Freeland
6. In 1964 the applicant was convicted of the murder of a woman whom he had violently assaulted. He was sentenced to a mandatory term of life imprisonment. At that time the doctor who examined him found no signs of mental illness or abnormality. In May 1980 he was released on life licence after a positive recommendatio...
0
dev
001-58483
ENG
SVN
CHAMBER
2,000
CASE OF MAJARIC v. SLOVENIA
4
Preliminary objection rejected (estoppel);Violation of Art. 6-1;Non-pecuniary damage - financial award
Elisabeth Palm;Gaukur Jörundsson
5. On 6 December 1991 the applicant was charged with sexual assault of a minor and abduction of minors. He was remanded in custody. On 30 April 1992 the applicant was released. 6. On 5 June 1992 the applicant’s trial started before the Nova Gorica District Court (Okrožno sodišče – “the District Court”). On the same day...
1
dev
001-93972
ENG
FIN
CHAMBER
2,009
CASE OF KARI-PEKKA PIETILÄINEN v. FINLAND
3
Violation of Art. 6-1+6-3-c;Non-pecuniary damage - award
David Thór Björgvinsson;Giovanni Bonello;Ján Šikuta;Ledi Bianku;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä
5. The applicant was born in 1967 and lives in Helsinki. 6. On 24 February 2004 the applicant was convicted of aggravated fraud by the Tuusula District Court (käräjäoikeus, tingsrätten) and sentenced to conditional imprisonment for one year and eight months. 7. On 25 March 2004 the applicant appealed to the Helsinki Ap...
1
dev
001-122352
ENG
GBR
ADMISSIBILITY
2,013
MCLEAN AND COLE v. THE UNITED KINGDOM
3
Inadmissible
David Thór Björgvinsson;Ineta Ziemele;Ledi Bianku;Päivi Hirvelä;Paul Mahoney;Vincent A. De Gaetano
1. The applicant in the first case, Mr Joseph McLean, is a British national, who was born in 1980. He was represented before the Court by Taylor & Kelly, a firm of solicitors based in Coatbridge. 2. The applicant in the second case, Mr Kevin Cole, is a Jamaican national, who was born in 1974. He was represented before ...
0
dev
001-61886
ENG
MDA;RUS
GRANDCHAMBER
2,004
CASE OF ILAŞCU AND OTHERS v. MOLDOVA AND RUSSIA
1
Remainder inadmissible;No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect) (the Republic of Moldova);Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect) (Russia);Violation of Article 3 - Prohibition of torture...
Luzius Wildhaber;Nicolas Bratza;Paul Mahoney
19. The applicants, who were Moldovan nationals when the application was lodged, were born in 1952, 1955, 1961 and 1963 respectively. At the time when they lodged their application, they were detained in the Transdniestrian part of Moldova. 20. Although detained, Mr Ilaşcu was twice elected to the Moldovan parliament, ...
1
dev
001-57508
ENG
IRL
CHAMBER
1,986
CASE OF JOHNSTON AND OTHERS v. IRELAND
2
Preliminary objection rejected (victim);Preliminary objection rejected (non-exhaustion of domestic remedies);No violation of Art. 8 and 12;No violation of Art. 14+8;Violation of Art. 8 regarding the legal situation of the third applicant under Irish law;Pecuniary damage - claim dismissed;Non-pecuniary damage - finding ...
C. Russo;Gaukur Jörundsson;J.A. Carrillo Salcedo
10. The first applicant is Roy H.W. Johnston, who was born in 1930 and is a scientific research and development manager. He resides at Rathmines, Dublin, with the second applicant, Janice Williams-Johnston, who was born in 1938; she is a school-teacher by profession and used to work as director of a play-group in Dubli...
1
dev
001-109153
ENG
TUR
ADMISSIBILITY
2,012
PAPAIOANNOU AND OTHERS v. TURKEY
4
Inadmissible
David Thór Björgvinsson;George Nicolaou;Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Päivi Hirvelä
The eight applicants are a family. The first applicant, Christina Papaioannou, is the mother of the other seven applicants, Ioannis Papaioannou, Demetris Papaioannou, Eftihia Hadjinicolaou (née Papaioannou), Neophytos Papaioannou, Stavros Papaioannou, Panayiotis Papaioannou and Andreas Papaioannou. They are all Cypriot...
0
dev
001-79156
ENG
SVN
CHAMBER
2,007
CASE OF ŠUBINSKI v. SLOVENIA
3
Preliminary objection dismissed (non-exhaustion of domestic remedies);Violation of Art. 6-1;Violation of Art. 13;Remainder inadmissible;Non-pecuniary damage - financial award
David Thór Björgvinsson;John Hedigan
5. The applicant was born in 1971 and lives in Mirna. 6. The application concerns two sets of criminal proceedings. In both sets of proceedings, the hearings were closed to the public for the purpose, among others, of protecting the rights of the alleged victims and – as regards some of the hearings – the private life ...
1
dev
001-113750
ENG
BGR
CHAMBER
2,012
CASE OF ZHELYAZKOV v. BULGARIA
3
Remainder inadmissible;Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of conviction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
David Thór Björgvinsson;George Nicolaou;Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Päivi Hirvelä;Zdravka Kalaydjieva
6. At about 3 p.m. on 30 December 2003 the applicant and his father went to the District Prosecutor’s Office in Tsarevo to obtain a copy of a document. The clerk refused to give it to them. A quarrel ensued. A prosecutor came in and ordered the applicant to leave the premises. A brawl ensued. The police, who had been c...
1
dev
001-83269
ENG
RUS
CHAMBER
2,007
CASE OF BAGEL v. RUSSIA
4
Violation of Art. 3;No violation of Art. 3
Loukis Loucaides
5. The applicant was born in 1951 and lives in Barnaul. 6. On 12 October and 15 December 1999 and on 4 February 2000 the applicant was charged with unlawful business activities, tax evasion and fraud, respectively. Three criminal cases against the applicant were initiated. 7. On 4 February 2000 the applicant was remand...
1
dev
001-97402
ENG
POL
CHAMBER
2,010
CASE OF PINKOWSKI v. POLAND
4
No violation of P1-3
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
5. The applicant, Mr Mariusz Pińkowski, is a Polish national who was born in 1970 and lives in Częstochowa. 6. On 9 March 2000 the Częstochowa Regional Prosecutor (Prokurator Okręgowy) charged the applicant with being an accomplice to an armed robbery and murder in France. 7. On the same date the Częstochowa District C...
0
dev
001-60492
ENG
GBR
CHAMBER
2,002
CASE OF WILLIAM FAULKNER v. THE UNITED KINGDOM
3
Violation of Art. 8;Non-pecuniary damage - finding of violation sufficient;Costs and expenses award - Convention proceedings
Nicolas Bratza
6. The applicant, who was born in 1947, was released from detention in February 1999. Prior to that he was detained at HMP Magilligan, County Derry, Northern Ireland, on temporary transfer from a Scottish prison while serving a seven year sentence for a drug offence. 7. On 1 July 1996 a sealed letter sent by him to the...
1
dev
001-75593
ENG
HRV
CHAMBER
2,006
CASE OF BUJ v. CROATIA
2
Violation of Art. 6-1 (length of land registry proceedings);Violation of Art. 13;No separate issue under P1-1;Remainder inadmissible (length of inheritance proceedings);Non-pecuniary damage - financial award
Christos Rozakis
4. The applicant was born in 1938 and lives in Jelsa. 5. The applicant’s mother died on 1 May 1994 and inheritance proceedings were opened before the Stari Grad Municipal Court (Općinski sud u Starom Gradu). 6. On 8 June 1999 the court issued a decision distributing the property between the applicant and his brother. T...
1
dev
001-96278
ENG
SVK
ADMISSIBILITY
2,009
HORNAK v. SLOVAKIA
4
Inadmissible
Giovanni Bonello;Ján Šikuta;Lech Garlicki;Mihai Poalelungi;Nebojša Vučinić;Nicolas Bratza
The applicant, Mr Juraj Horňák, is a Slovak national who was born in 1959 and lives in Bratislava. He was represented before the Court by Ms E. Kliniecová, a lawyer practising in Bratislava. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková. The facts of the case, as submitted ...
0
dev
001-100406
ENG
ROU
ADMISSIBILITY
2,010
BOICESCU AND OTHERS v. ROMANIA
4
Inadmissible
Alvina Gyulumyan;Corneliu Bîrsan;Elisabet Fura;Ineta Ziemele;Josep Casadevall;Luis López Guerra
The applicants, Ms Marie-Jeanne Boicescu, Mr Vlad Boicescu and Mr Şerban Ion Boicescu are Romanian nationals who were born in 1937, 1945 and 1953, respectively, in Craiova and live in Bucharest. They were represented before the Court by Mr Dan Mihai, a lawyer practising in Bucharest. On unspecified dates the applicants...
0
dev
001-57922
ENG
CHE
CHAMBER
1,995
CASE OF SCHULER-ZGRAGGEN v. SWITZERLAND (ARTICLE 50)
2
Pecuniary damage - financial award
C. Russo
1. The case was referred to the Court by the European Commission of Human Rights ("the Commission") and by the Government of the Swiss Confederation ("the Government") on 25 May and 5 August 1992, within the three-month period laid down by Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention. It ori...
0
dev
001-23056
ENG
TUR
ADMISSIBILITY
2,003
CAGLAYAN v. TURKEY
4
Inadmissible
Georg Ress
The applicant, İbrahim Cağlayan, is a Turkish national, who was born in 1952 and lives in Istanbul. He was represented before the Court by Mr Kocak, a lawyer practising in Istanbul. The facts of the case, as submitted by the parties, may be summarised as follows. In 1992, the General Directorate of National Roads and H...
0
dev
001-58497
ENG
CHE
GRANDCHAMBER
2,000
CASE OF AMANN v. SWITZERLAND
1
Violation of Art. 8 with regard to interception of telephone call;Violation of Art. 8 with regard to creation and storing of information card;Preliminary objection dismissed;Non-pecuniary damage - finding of violation sufficient;Costs and expenses award - Convention proceedings
Elisabeth Palm;Gaukur Jörundsson
7. The applicant, who was born in 1940, is a businessman living in Switzerland. In the early 1980s he imported depilatory appliances into Switzerland which he advertised in magazines. 8. On 12 October 1981 a woman telephoned the applicant from the former Soviet embassy in Berne to order a “Perma Tweez” depilatory appli...
1
dev
001-90804
ENG
RUS
CHAMBER
2,009
CASE OF BORZHONOV v. RUSSIA
3
Preliminary objections joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 13+6-1;Violation of Art. 6-1;Violation of Art. 13+P1-1;Violation of P1-1;Pecuniary and non-pecuniary damage - award
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;Khanlar Hajiyev;Sverre Erik Jebens
4. The applicant was born in 1954 and lives in the town of Ulan-Ude in the Buryatiya Republic. 5. The Russian authorities initiated criminal proceedings against the applicant: - on 13 June 1999 under Article 198 § 2 of the Criminal Code (tax evasion by a private person); the applicant was charged on 10 August 1999; - o...
1
dev
001-93496
ENG
RUS
CHAMBER
2,009
CASE OF TARNOPOLSKAYA AND OTHERS v. RUSSIA
4
Violation of Article 6 - Right to a fair trial;Violation of Article 1 of Protocol No. 1 - Protection of property
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni
5. The applicants' names and other details are indicated in the appended table. 6. The applicants emigrated to Israel from the USSR in the 1980s and 1990s and obtained Israeli nationality. Before immigration they had been receiving old-age pensions from the Soviet authorities. However, once the applicants left the USSR...
1
dev
001-66606
ENG
HRV
ADMISSIBILITY
2,004
TOTH v. CROATIA
4
Inadmissible
Christos Rozakis
The applicant, Mr Milenko Toth, is a Croatian citizen who was born in 1962 and is presently serving a sentence in Lepoglava State Prison. The facts of the case, as submitted by the parties, may be summarised as follows. On 15 September 1992 the competent investigating judge opened an investigation against the applicant...
0
dev
001-61204
ENG
HRV
CHAMBER
2,003
CASE OF MULTIPLEX v. CROATIA
3
Violation of Art. 6-1 with regard to access to court;No separate issue under Art. 6-1 with regard to the length of the proceedings;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses (domestic proceedings) - claim dismissed;Costs and expenses partial award - Convention proceedin...
Christos Rozakis
8. The applicant company is owned by Mr Smail Smailagić who lived in Banja Luka, which is situated on the territory of the present day Republika Srpska, a part of Bosnia and Herzegovina, until 15 May 1992 when he fled to Croatia and went to live in Porat-Červar. 9. On 13 August 1992 the Croatian Military Police requisi...
1
dev
001-89607
ENG
BGR
CHAMBER
2,008
CASE OF BOCHEV v. BULGARIA
3
Remainder inadmissible;Violation of Art. 5-3;Violation of Art. 5-4;Violation of Art. 5-5;Violation of Art. 8;Non-pecuniary damage - award
Isabelle Berro-Lefèvre;Karel Jungwiert;Mark Villiger;Rait Maruste;Renate Jaeger;Volodymyr Butkevych;Zdravka Kalaydjieva
5. At about 5 a.m. on 9 May 1998 the applicant and an accomplice were surprised by police while in the process of trying to enter a computer equipment shop through a hole in the wall of the basement of a neighbouring building. They had previously drilled the hole over the course of several nights, and in this way had a...
1
dev
001-81066
ENG
FRA
CHAMBER
2,007
CASE OF HACHETTE FILIPACCHI ASSOCIES v. FRANCE
2
No violation of Art. 10
Christos Rozakis
6. In its 19 February 1998 edition the French weekly magazine Paris-Match, published by the applicant company, featured an article in its “News” section entitled 'La République assassinée' (The Murdered Republic), concerning the murder of the Prefect Claude Erignac in Ajaccio, Corsica, on 6 February 1998. 7. The articl...
0
dev
001-93260
ENG
HRV
CHAMBER
2,009
CASE OF MARESTI v. CROATIA
3
Violation of Art. 6-1;Violation of P7-4;Remainder inadmissible;Non-pecuniary damage - Award
Christos Rozakis;Dean Spielmann;George Nicolaou;Giorgio Malinverni;Khanlar Hajiyev;Sverre Erik Jebens
4. The applicant was born in 1965 and lives in Pazin. 5. On 16 June 2005 the Pazin Police lodged a request for minor-offences proceedings to be instituted against the applicant in the Pazin Minor-Offences Court (Prekršajni sud u Pazinu). In a decision of the same day the Pazin Minor-Offences Court found that at about 7...
1
dev
001-90751
ENG
TUR
CHAMBER
2,009
CASE OF GAVRIEL v. TURKEY
4
Violation of Article 8 - Right to respect for private and family life;Violation of Article 1 of Protocol No. 1 - Protection of property
David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Nicolas Bratza;Päivi Hirvelä
7. The applicant was born in 1942 and lives in the United Kingdom. 8. The applicant claimed that until 14 August 1974 he and his family used to live in Morphou (Cyprus) in a detached house with a yard (area: 229 sq. m). This property was registered in the name of the applicant’s wife under plot no. 315, sheet/plan 19/3...
1
dev
001-61696
ENG
TUR
CHAMBER
2,004
CASE OF AHMET ÖZKAN AND OTHERS v. TURKEY
3
No violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);No violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investi...
null
8. The case mainly concerns events which took place in 1993 in the village of Ormaniçi in the Güçlükonak district of the Şırnak province in south-east Turkey. The applicants alleged that, on 20 February 1993, security forces had attacked Ormaniçi, as a result of which two children had died. The applicants further alleg...
1
dev
001-70863
ENG
UKR
CHAMBER
2,005
CASE OF KECHKO v. UKRAINE
3
Violation of P1-1;Pecuniary and non-pecuniary damage - financial award;Costs and expenses partial award - domestic proceedings;Costs and expenses partial award - Convention proceedings
null
7. The applicant was born in 1945 and resides in the city of Donetsk, Ukraine. 8. The applicant has worked as an English teacher in a secondary school since 1984. 9. On 23 March 1996 the Ukrainian Parliament adopted a new wording for the Education Act that provided for, in particular, the payment of certain benefits to...
0