Embed Size (px)
Citation preview
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
Revised selection of cases for publication in Reports of Judgments and
Decisions 20081
Notes on citation:
Cases are listed alphabetically by applicant and by respondent State.
By default, all references are to Chamber judgments. Grand Chamber cases, whether judgments or decisions, are indicated by “[GC]”. Decisions are indicated by “(dec.)”.
The volume composition for the years 2008 has not yet been determined. Until further notice, cases of 2008 may be cited simply by indicating the year of publication e.g. ECHR 2008, without adding a volume number. For further information on the manner of citing the Court’s case-law, please see here.
The Court reserves the right to report some or all of the judgments and decisions listed below in the form of extracts. The full original language version or versions of any such judgment or decision will remain available for consultation in the HUDOC database.
Table of Contents
I. Cases listed alphabetically by applicant by year .....................................................2
II. Cases listed alphabetically by respondent state by year .........................................9
1 This selection of cases for publication in the Reports of Judgments and Decisions for the year 2008 has been made by the Court’s Jurisconsult and approved by the Bureau. This selection replaces that initially made by the Publications Committee. The HUDOC database and the lists published on the Court’s website, notably the alphabetical and chronological lists, have been amended accordingly. The composition of the Reports for the years 1999 to 2006 inclusive remains unchanged.
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
2
I. Cases listed alphabetically by applicant by year
B
9.9.2008
Boivin v. 34 member States of the Council of Europe (dec.), no. 73250/01
ARTICLE 1 Responsibility of states Dispute falling entirely within internal legal system of an international organisation endowed with its own legal personality separate from that of its members: inadmissible
ARTICLE 35Ratione personaeDispute falling entirely within internal legal system of an international organisation endowed with its own legal personality separate from that of its members: inadmissible
20.3.2008
Budayeva and Others v. Russia, nos. 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02 (extracts)
ARTICLE 2 Positive obligations Failure by authorities to implement land-planning and emergency-relief policies in the light of foreseeable risk of a mudslide that would lead to loss of life: violations
ARTICLE 1 OF PROTOCOL No. 1Possessions
Peaceful enjoyment of possessions
Deprivation of propertyAdequacy of measures taken by the authorities to provide alternative accommodation and emergency relief for victims of property damage caused by mudslide: no violation
29.4.2008
Burden v. the United Kingdom [GC], no. 13378/05
ARTICLE 14 Discrimination (article 1 of Protocol No. 1) Ineligibility of cohabiting sisters to exemption from inheritance tax enjoyed by surviving spouses or civil partners: no violation
C
3.7.2008
Chember v. Russia, no. 7188/03
ARTICLE 3Inhuman punishment Excessive level of physical exercise imposed as punishment on conscript known to be suffering from health problems and failure to conduct effective investigation: violations
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
3
D
15.5.2008
Dedovskiy and Others v. Russia, no. 7178/03 (extracts)
ARTICLE 3 Torture Ill-treatment and unjustified use of truncheons against detainees and lack of effective investigation: violation
12.11.2008
Demir and Baykara v. Turkey [GC], no. 34503/97
ARTICLE 11 Article 11 § 1Freedom of association Ban on municipal workers founding a trade union and order setting aside with retroactive effect a collective bargaining agreement: violations
E
23.9.2008
E.G. and Others v. Poland (dec.), no. 50425/99 (extracts)
ARTICLE 37Article 37 § 1Striking out applicationsClosure of pilot-judgment procedure after domestic measures to remedy systemic problem were found to be satisfactory: struck out of the list
23.9.2008
Emine Arac v. Turkey, no. 9907/02
ARTICLE 6 Article 6 § 1 (civil) Applicability Civil nature of the right to pursue university studies: violation
G
12.2.2008
Guja v. Moldova [GC], no. 14277/04
ARTICLE 10Article 10 § 1Freedom to impart information Dismissal of a member of the Prosecutor General’s Office for leaking evidence of apparent governmental interference in the administration of criminal justice to the press: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
4
J
14.2.2008
July and Sarl Libération v. France, no. 20893/03 (extracts)
ARTICLE 10 Article 10 § 1Freedom of expression Criminal conviction of the publications director of a newspaper for defaming investigating judges in an article reporting on a press conference organised by the civil parties: violation
K
12.2.2008
Kafkaris v. Cyprus [GC], no. 21906/04
ARTICLE 3 Inhuman treatment
Degrading treatment Mandatory life sentence with no prospect of release for good behaviour following changes to the legislation: no violation
ARTICLE 7Article 7 § 1Nullum crimen sine legeChange of law on remission for good behaviour in case of a life prisoner who had been informed at the outset by the trial court that his sentence meant imprisonment for life: no violation
19.9.2008
Korbely v. Hungary [GC], no. 9174/02
ARTICLE 7 Article 7 § 1Nullum crimen sine lege Conviction in respect of an act which did not constitute an offence under the relevant international law at the time of its commission: violation
7.2.2008
Kovach v. Ukraine, no. 39424/02
ARTICLE 3 OF PROTOCOL No. 1 Free expression of opinion of people Arbitrary invalidation of votes obtained by the leading candidate in several electoral divisions of a parliamentary constituency, resulting in victory for his opponent: violation
2.12.2008
K.U. v. Finland, no. 2872/02
ARTICLE 8Article 8 § 1Respect for private life Failure to compel service provider to disclose identity of person wanted for placing an indecent advertisement about a minor on an Internet dating site: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
5
M
23.6.2008
Maslov v. Austria [GC], no. 1638/03
ARTICLE 8 Article 8 § 1Respect for private
Respect for family life Exclusion order made on account of convictions for largely non-violent offences committed when still a minor: violation
13.5.2008
McCann v. the United Kingdom, no. 19009/04
ARTICLE 8Article 8 § 1Respect for home Eviction of council-house tenant under summary procedure affording inadequate procedural safeguards: violation
8.4.2008
Megadat.Com Srl v. Moldova, no. 21151/04
ARTICLE 1 OF PROTOCOL No. 1 Peaceful enjoyment of possessions Withdrawal of an Internet service provider’s operating licences for purely formal breach of regulations: violation
7.10.2008
Monedero Angora v. Spain (dec.), no. 41138/05
ARTICLE 6Article 6 § 1 (criminal)Applicability Applicability of Article 6 to European arrest warrant procedure: inadmissible
N
27.5.2008
N. v. the United Kingdom [GC], no. 26565/05
ARTICLE 3Expulsion Proposed removal of HIV patient to her country of origin, where her access to appropriate medical treatment was uncertain: deportation would not constitute a violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
6
R
5.2.2008
Ramanauskas v. Lithuania [GC], no. 74420/01
ARTICLE 6Article 6 § 1 (criminal)Fair hearing Conviction of the offence of bribery incited by the police: violation
16.10.2008
Renolde v. France, no. 5608/05
ARTICLE 2 Positive obligations Suicide of mentally disturbed prisoner in disciplinary cell: violation
ARTICLE 3Inhuman treatment
Degrading treatmentPlacement of mentally disturbed prisoner in disciplinary cell for forty-five days: violation
17.1.2008
Ryakib Biryukov v. Russia, no. 14810/02
ARTICLE 6Article 6 § 1 (civil)Public judgmentFailure to state reasons for civil judgment in public: violation
S
4.12.2008
S. and Marper v. the United Kingdom [GC], nos. 30562/04 and 30566/04
ARTICLE 8 Article 8 § 1Respect for private life Retention of fingerprints and DNA information in cases where defendant in criminal proceedings is acquitted or discharged: violation
28.2.2008
Saadi v. Italy [GC], no. 37201/06
ARTICLE 3Expulsion Risk of ill-treatment in case of deportation to Tunisia of a terrorist who had been tried in absentia: deportation would constitute a violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
7
29.1.2008
Saadi v. the United Kingdom [GC], no. 13229/03
ARTICLE 5Article 5 § 1 (f)Prevent unauthorised entry into countrySeven-day detention in reception centre for asylum-seeker who had been granted “temporary admission”: no violationArticle 5 § 2Information on reasons for arrest76-hour delay in informing “temporarily admitted” asylum-seeker of the grounds for his later detention in a reception centre: violation
27.11.2008
Salduz v. Turkey [GC], no. 36391/02
ARTICLE 6Article 6 § 3 (c) Defence through legal assistance Use in evidence of confession to police of a minor who had been denied access to a lawyer: violation
27.3.2008
Shtukaturov v. Russia, no. 44009/05
ARTICLE 8 Article 8 § 1Respect for private life Fairness of proceedings for an order depriving a patient suffering from borderline mental illness of his legal capacity, and inability of the patient to challenge that order or his subsequent confinement in a psychiatric hospital: violation
ARTICLE 34Hinder exercise of the right of petitionRefusal by authorities to allow the applicant, a psychiatric patient, to contact his lawyer, even after the Court had issued an interim measure requesting them to do so: failure to comply with obligations under Article 34
RULE 39 OF THE RULES OF COURTInterim measuresRefusal of State authorities to comply with an interim measure: failure to comply with Article 34
T
8.7.2008
The Georgian Labour Party v. Georgia, no. 9103/04
ARTICLE 3 OF PROTOCOL No. 1 Free expression of opinion of people
Stand for election Introduction of an active system of voter registration shortly before the election in a “post-revolutionary” political context, aimed at remedying the problem of chaotic electoral rolls: no violationNo evidence of abuse of power or electoral fraud adduced to back up a complaint of a pro-presidential majority in electoral commissions at all levels: no violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
8
Illegitimate and unjustified exclusion of two electoral districts from the country-wide vote tally: violation
11.12.2008
TV Vest AS and Rogaland Pensjonistparti v. Norway, no. 21132/05
ARTICLE 10Article 10 § 1Freedom of expression Imposition of a fine on a television station for having broadcast an advertisement by a small political party, in breach of the statutory prohibition of any televised political advertising: violation
V
8.7.2008
Vajnai v. Hungary, no. 33629/06
ARTICLE 10 Article 10 § 1Freedom of expression Criminal conviction for wearing an outlawed totalitarian symbol (red star) at a political demonstration: violation
Y
8.7.2008
Yumak and Sadak v. Turkey [GC], no. 10226/03
ARTICLE 3 OF PROTOCOL No. 1Free expression of opinion of people
Choice of the legislature Requirement for political parties to obtain at least 10% of the vote in national elections in order to be represented in Parliament: no violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
9
II. Cases listed alphabetically by respondent state by year
34 member States of the Council of Europe
9.9.2008
Boivin v. 34 member States of the Council of Europe (dec.), no. 73250/01
ARTICLE 1 Responsibility of states Dispute falling entirely within internal legal system of an international organisation endowed with its own legal personality separate from that of its members: inadmissible
ARTICLE 35Ratione personaeDispute falling entirely within internal legal system of an international organisation endowed with its own legal personality separate from that of its members: inadmissible
Austria
23.6.2008
Maslov v. Austria [GC], no. 1638/03
ARTICLE 8 Respect for private life
Respect for family life Exclusion order made on account of convictions for largely non-violent offences committed when still a minor: violation
Cyprus
12.2.2008
Kafkaris v. Cyprus [GC], no. 21906/04
ARTICLE 3 Inhuman treatment
Degrading treatment Mandatory life sentence with no prospect of release for good behaviour following changes to the legislation: no violation
ARTICLE 7Article 7 § 1Nullum crimen sine legeChange of law on remission for good behaviour in case of a life prisoner who had been informed at the outset by the trial court that his sentence meant imprisonment for life: no violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
10
France
14.2.2008
July and Sarl Libération v. France, no. 20893/03 (extracts)
ARTICLE 10 Article 10 § 1Freedom of expression Criminal conviction of the publications director of a newspaper for defaming investigating judges in an article reporting on a press conference organised by the civil parties: violation
16.10.2008
Renolde v. France, no. 5608/05
ARTICLE 2 Positive obligations Suicide of mentally disturbed prisoner in disciplinary cell: violation
ARTICLE 3Inhuman treatment
Degrading treatmentPlacement of mentally disturbed prisoner in disciplinary cell for forty-five days: violation
Finland
2.12.2008
K.U. v. Finland, no. 2872/02
ARTICLE 8Article 8 § 1Respect for private life Failure to compel service provider to disclose identity of person wanted for placing an indecent advertisement about a minor on an Internet dating site: violation
Georgia
8.7.2008
The Georgian Labour Party v. Georgia, no. 9103/04
ARTICLE 3 OF PROTOCOL No. 1 Free expression of opinion of people
Stand for election Introduction of an active system of voter registration shortly before the election in a “post-revolutionary” political context, aimed at remedying the problem of chaotic electoral rolls: no violationNo evidence of abuse of power or electoral fraud adduced to back up a complaint of a pro-presidential majority in electoral commissions at all levels: no violationIllegitimate and unjustified exclusion of two electoral districts from the country-wide vote tally: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
11
Hungary
8.7.2008
Vajnai v. Hungary, no. 33629/06
ARTICLE 10 Article 10 § 1Freedom of expression Criminal conviction for wearing an outlawed totalitarian symbol (red star) at a political demonstration: violation
19.9.2008
Korbely v. Hungary [GC], no. 9174/02
ARTICLE 7 Article 7 § 1Nullum crimen sine lege Conviction in respect of an act which did not constitute an offence under the relevant international law at the time of its commission: violation
Italy
28.2.2008
Saadi v. Italy [GC], no. 37201/06
ARTICLE 3Expulsion Risk of ill-treatment in case of deportation to Tunisia of a terrorist who had been tried in absentia: deportation would constitute a violation
Lithuania
5.2.2008
Ramanauskas v. Lithuania [GC], no. 74420/01
ARTICLE 6Article 6 § 1 (criminal)Fair hearing Conviction of the offence of bribery incited by the police: violation
Moldova
12.2.2008
Guja v. Moldova [GC], no. 14277/04
ARTICLE 10Article 10 § 1Freedom to impart information Dismissal of a member of the Prosecutor General’s Office for leaking evidence of apparent governmental interference in the administration of criminal justice to the press: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
12
8.4.2008
Megadat.Com Srl v. Moldova, no. 21151/04
ARTICLE 1 OF PROTOCOL No. 1 Peaceful enjoyment of possessions Withdrawal of an Internet service provider’s operating licences for purely formal breach of regulations: violation
Norway
11.12.2008
TV Vest AS and Rogaland Pensjonistparti v. Norway, no. 21132/05
ARTICLE 10Article 10 § 1Freedom of expression Imposition of a fine on a television station for having broadcast an advertisement by a small political party, in breach of the statutory prohibition of any televised political advertising: violation
Poland
17.1.2008
Ryakib Biryukov v. Russia, no. 14810/02
ARTICLE 6Article 6 § 1 (civil)Public judgmentFailure to state reasons for civil judgment in public: violation
20.3.2008
Budayeva and Others v. Russia, nos. 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02 (extracts)
ARTICLE 2 Positive obligations Failure by authorities to implement land-planning and emergency-relief policies in the light of foreseeable risk of a mudslide that would lead to loss of life: violations
ARTICLE 1 OF PROTOCOL No. 1Possessions
Peaceful enjoyment of possessions
Deprivation of propertyAdequacy of measures taken by the authorities to provide alternative accommodation and emergency relief for victims of property damage caused by mudslide: no violation
27.3.2008
Shtukaturov v. Russia, no. 44009/05
ARTICLE 8 Article 8 § 1Respect for private life Fairness of proceedings for an order depriving a patient suffering from borderline mental illness of his legal capacity, and inability of the patient to challenge that order or his subsequent confinement in a psychiatric hospital: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
13
ARTICLE 34Hinder exercise of the right of petitionRefusal by authorities to allow the applicant, a psychiatric patient, to contact his lawyer, even after the Court had issued an interim measure requesting them to do so: failure to comply with obligations under Article 34
RULE 39 OF THE RULES OF COURTInterim measuresRefusal of State authorities to comply with an interim measure: failure to comply with Article 34
15.5.2008
Dedovskiy and Others v. Russia, no. 7178/03 (extracts)
ARTICLE 3 Torture Ill-treatment and unjustified use of truncheons against detainees and lack of effective investigation: violation
3.7.2008
Chember v. Russia, no. 7188/03
ARTICLE 3Inhuman punishment Excessive level of physical exercise imposed as punishment on conscript known to be suffering from health problems and failure to conduct effective investigation: violations
23.9.2008
E.G. and Others v. Poland (dec.), no. 50425/99 (extracts)
ARTICLE 37Article 37 § 1Striking out applicationsClosure of pilot-judgment procedure after domestic measures to remedy systemic problem were found to be satisfactory: struck out of the list
Spain
7.10.2008
Monedero Angora v. Spain (dec.), no. 41138/05
ARTICLE 6Article 6 § 1 (criminal)Applicability Applicability of Article 6 to European arrest warrant procedure: inadmissible
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
14
Turkey
8.7.2008
Yumak and Sadak v. Turkey [GC], no. 10226/03
ARTICLE 3 OF PROTOCOL No. 1Free expression of opinion of people
Choice of the legislature Requirement for political parties to obtain at least 10% of the vote in national elections in order to be represented in Parliament: no violation
23.9.2008
Emine Arac v. Turkey, no. 9907/02
ARTICLE 6 Article 6 § 1 (civil)Applicability Civil nature of the right to pursue university studies: violation
12.11.2008
Demir and Baykara v. Turkey [GC], no. 34503/97
ARTICLE 11 Article 11 § 1Freedom of association Ban on municipal workers founding a trade union and order setting aside with retroactive effect a collective bargaining agreement: violations
27.11.2008
Salduz v. Turkey [GC], no. 36391/02
ARTICLE 6Article 6 § 3 (c) Defence through legal assistance Use in evidence of confession to police of a minor who had been denied access to a lawyer: violation
Ukraine
7.2.2008
Kovach v. Ukraine, no. 39424/02
ARTICLE 3 OF PROTOCOL No. 1 Free expression of opinion of people Arbitrary invalidation of votes obtained by the leading candidate in several electoral divisions of a parliamentary constituency, resulting in victory for his opponent: violation
Revised selection of cases for publication in Reports of Judgments and Decisions 2008
15
United Kingdom
29.1.2008
Saadi v. the United Kingdom [GC], no. 13229/03
ARTICLE 5Article 5 § 1 (f)Prevent unauthorised entry into countrySeven-day detention in reception centre for asylum-seeker who had been granted “temporary admission”: no violationArticle 5 § 2Information on reasons for arrest76-hour delay in informing “temporarily admitted” asylum-seeker of the grounds for his later detention in a reception centre: violation
29.4.2008
Burden v. the United Kingdom [GC], no. 13378/05
ARTICLE 14 Discrimination (article 1 of Protocol No. 1) Ineligibility of cohabiting sisters to exemption from inheritance tax enjoyed by surviving spouses or civil partners: no violation
13.5.2008
McCann v. the United Kingdom, no. 19009/04
ARTICLE 8Article 8 § 1Respect for home Eviction of council-house tenant under summary procedure affording inadequate procedural safeguards: violation
27.5.2008
N. v. the United Kingdom [GC], no. 26565/05
ARTICLE 3Expulsion Proposed removal of HIV patient to her country of origin, where her access to appropriate medical treatment was uncertain: deportation would not constitute a violation
4.12.2008
S. and Marper v. the United Kingdom [GC], nos. 30562/04 and 30566/04
ARTICLE 8 Article 8 § 1Respect for private life Retention of fingerprints and DNA information in cases where defendant in criminal proceedings is acquitted or discharged: violation
![INDEX [globalgenealogy.com]globalgenealogy.com/countries/canada/ontario/eastern...BLONDIN Blanche 0303 BOIVIN Marie Louise 0353 BLONDIN Daniel 0365 BOIVIN Yvonne 0117 BLONDIN Delima](https://img.pdfslide.net/doc/110x75/60e13c8d7d829262b97f017c/index-blondin-blanche-0303-boivin-marie-louise-0353-blondin-daniel-0365.jpg)
