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1
dev
001-90171
ENG
MDA
CHAMBER
2,008
CASE OF TUDOR-AUTO S.R.L. AND TRIPLU-TUDOR S.R.L. v. MOLDOVA
4
Violation of Article 6 - Right to a fair trial;Violation of Article 13 - Right to an effective remedy;Violation of Article 1 of Protocol No. 1 - Protection of property
David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Mihai Poalelungi;Nicolas Bratza;Päivi Hirvelä
6. The applicants, Triplu-Tudor S.R.L. and Tudor-Auto S.R.L., are two companies incorporated under Moldovan law. 7. On 18 November 1993 the State Service for the Supervision of Insurance by the Ministry of Finance of the Republic of Moldova (“the Service”) (Serviciul de Stat pentru supravegherea asigurărilor pe lângă M...
1
dev
001-100370
ENG
EST
ADMISSIBILITY
2,010
KAASIK v. ESTONIA
4
Inadmissible
Ganna Yudkivska;Isabelle Berro-Lefèvre;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger
The applicant, Mr Edgar Kaasik, is an Estonian national who was born in 1988. He is currently serving a prison sentence. and as they appear from the documents on file, may be summarised as follows. On 3 December 2008 the Viru County Court convicted the applicant of manslaughter, attempted murder and violent and threate...
0
dev
001-77778
ENG
SVN
CHAMBER
2,006
CASE OF MATKO v. SLOVENIA
3
Preliminary objections allowed (Article 35-1 - Six month period);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Pecuniary damage - ...
David Thór Björgvinsson;John Hedigan
9. The applicant was born in 1961 and lives in Slovenj Gradec. 10. On 4 and 5 April 1995 a Special Unit (Specialna enota), which was under the direct control of the Ministry of Internal Affairs (“the MIA”) in cooperation with officers from the Slovenj Gradec Internal Affairs Administration (Uprava za notranje zadeve – ...
1
dev
001-107110
ENG
BGR
CHAMBER
2,011
CASE OF THE UNITED MACEDONIAN ORGANISATION ILINDEN - PIRIN AND OTHERS v. BULGARIA (No. 2)
3
No violation of Art. 11;No violation of Art. 14
George Nicolaou;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä;Zdravka Kalaydjieva
7. The applicant party, based in south-west Bulgaria (in an area known as the Pirin region or the geographic region of Pirin Macedonia), was initially founded in 1998. It was declared unconstitutional by the Constitutional Court on 29 February 2000 and, as a result, dissolved. 8. The relevant developments up to Februar...
0
dev
001-22308
ENG
MKD
ADMISSIBILITY
2,002
TRAJKOVSKI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
1
Inadmissible
Georg Ress
The applicant, Mr Strezo Trajkovski, is a national of the Former Yugoslav Republic of Macedonia, who was born in 1926 and lives in Skopje. He was represented before the Court by Mr Saško Dukoski, a lawyer practising in Skopje. The facts of the case, as submitted by the parties, may be summarised as follows. Under the r...
0
dev
001-117124
ENG
RUS
CHAMBER
2,013
CASE OF OLEYNIKOV v. RUSSIA
3
Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Pecuniary damage - claim dismissed
Dmitry Dedov;Erik Møse;Isabelle Berro-Lefèvre;Julia Laffranque;Linos-Alexandre Sicilianos;Mirjana Lazarova Trajkovska;Ksenija Turković
5. The applicant was born in 1946 and lives in Khabarovsk. 6. On 19 May 1997 the applicant lent the Khabarovsk Office of the Trade Counsellor of the Embassy of the Democratic People’s Republic of Korea (“the DPRK Trade Counsellor”) 1,500 United States dollars (USD). The money was to be repaid by 29 May 1997. A receipt ...
1
dev
001-104700
ENG
BGR
CHAMBER
2,011
CASE OF DIMITROV AND HAMANOV v. BULGARIA
3
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Respondent State to take measures of a general character (Article 46 - Pilot judgment;General measures);Non-pecuniary dam...
Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä;Zdravka Kalaydjieva
6. The applicants were born in 1977 and 1963 respectively and live in Plovdiv. 7. On 21 September 1995 Mr Dimitrov was arrested by the police while trying to break into a car with two other individuals, M.M. and S.D. He was taken to a police station, where he made a written confession. M.M., who was apparently also tak...
1
dev
001-82877
ENG
MDA
CHAMBER
2,007
CASE OF COLIBABA v. MOLDOVA
3
Violation of Art. 3 (ill treatment while in detention and failure to conduct an effective investigation);Not necessary to examine Art. 13;Reminder inadmissible;Violation of Art. 34;Non-pecuniary damage - financial award;Costs and expenses - partial award (Convention proceedings)
Nicolas Bratza
5. The applicant, Mr Vitalie Colibaba, is a Moldovan national who was born in 1978 and lives in Chişinău. 6. On 21 April 2006 the applicant was arrested on charges of assaulting a police officer. 7. On 25 and 27 April 2006 the applicant was allegedly tortured by police officer I.M. and two other police officers in orde...
1
dev
001-57870
ENG
ITA
CHAMBER
1,994
CASE OF RAIMONDO v. ITALY
2
Violation of P1-1;Violation of P4-2;No violation of P1-1;No violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings
C. Russo
7. Mr Giuseppe Raimondo, a building entrepreneur, lived in Davoli (Catanzaro) until his death on 11 July 1992. Criminal proceedings were brought against him as he was suspected of belonging to a mafia-type organisation operating in the Soverato region. At the same time various preventive measures were taken concerning ...
0
dev
001-78075
ENG
UKR
ADMISSIBILITY
2,006
KOROLKOV and KAMARDA v. UKRAINE
4
Inadmissible
Peer Lorenzen
Mr Aleksey Fedorovich Korolkov (“the first applicant”) was born in 1934 and died on 7 February 2005. His wife, Mrs Valentina Fedorovna Korolkova, expressed her wish to pursue the application of her late husband. Mrs Vera Nikolayevna Kamarda (“the second applicant”) was born in 1931 and lives in Dniprodzerzhynsk. Both a...
0
dev
001-112459
ENG
ESP
CHAMBER
2,012
CASE OF B.S. v. SPAIN
3
Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 14+3 - Prohibition of discrimination (Article 14 - Discrimination) (A...
Alvina Gyulumyan;Corneliu Bîrsan;Egbert Myjer;Ineta Ziemele;Josep Casadevall;Luis López Guerra;Nona Tsotsoria
6. The applicant, who is of Nigerian origin, was born in 1977 and has been lawfully resident in Spain since 2003. 7. On 15 July 2005 the applicant was on the public highway in the El Arenal district near Palma de Mallorca, where she worked as a prostitute, when two officers of the national police force asked to see her...
1
dev
001-82202
ENG
POL
CHAMBER
2,007
CASE OF SKRZYNSKI v. POLAND
3
Violation of P1-1;Non-pecuniary damage - financial award
Nicolas Bratza
5. The applicant was born in 1952 and lives in Milanówek. 6. Since 1991 the applicant has owned a plot of land located in the municipality of Milanówek, near Warsaw. It is listed in the local land register under entry no. 31737. 7. Under the local land development plan adopted in 1981, which was in force in 1991 when t...
0
dev
001-104935
ENG
BIH
CHAMBER
2,011
CASE OF HADŽIĆ AND SULJIĆ v. BOSNIA AND HERZEGOVINA
3
Violation of Art. 5-1;Non-pecuniary damage - award
Lech Garlicki;Nebojša Vučinić;Nicolas Bratza;Sverre Erik Jebens;Vincent A. De Gaetano;Zdravka Kalaydjieva
A. The facts concerning Mr Hadžić 5. The applicant was born in 1959. He is currently serving a prison sentence in Zenica Prison. 6. On 1 May 2002 the applicant killed three people. He was remanded in custody on the same day. 7. On 23 September 2002 the Tuzla Cantonal Court found the applicant guilty of manslaughter, as...
1
dev
001-85233
ENG
CZE
ADMISSIBILITY
2,008
TOMA, S. R. O. v. THE CZECH REPUBLIC
4
Inadmissible
Javier Borrego Borrego;Karel Jungwiert;Mark Villiger;Peer Lorenzen;Rait Maruste;Renate Jaeger;Snejana Botoucharova
The applicant, Toma, s.r.o. is a private company registered in the Czech Republic. It was represented before the Court by Mr Petr Pisarovič, a lawyer practising in Břeclav. The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm, from the Ministry of Justice. The facts of the case, as su...
0
dev
001-59126
ENG
ITA
CHAMBER
2,001
CASE OF N.C. v. ITALY
3
No violation of Art. 5-5
András Baka
7. The applicant was the technical director, technical and economic adviser and special representative and agent of company X. 8. On an unspecified date, preliminary investigations were opened against the applicant on suspicion of abuse of power and corruption committed in the course of his functions in 1991. 9. On 16 ...
0
dev
001-23097
ENG
GBR
ADMISSIBILITY
2,003
DENTON v. THE UNITED KINGDOM
4
Inadmissible
Matti Pellonpää;Nicolas Bratza
The applicant, Mr Delroy Denton, is a Jamaican national, who was born in 1960 and is curently detained in HM Prison Full Sutton. He is represented before the Court by Mr D. O’Connell, a lawyer practising in Godalming, Surrey. The facts of the case, as submitted by the applicant, may be summarised as follows. The applic...
0
dev
001-6024
ENG
HRV
ADMISSIBILITY
2,001
HADZIC v. CROATIA
3
Inadmissible
Georg Ress
The applicant, Dragomir Hadžić, is a Croatian citizen, born in 1931 and living in Zagreb. He is represented before the Court by Mr Milorad Lukač, a lawyer practising in Zagreb. The respondent Government are represented by their Agent Ms Lidija Lukina-Karajković. The facts of the case, as submitted by the parties, may b...
0
dev
001-107563
ENG
UKR
CHAMBER
2,011
CASE OF TSYGONIY v. UKRAINE
3
Remainder inadmissible;Violation of Art. 3 (substantive aspect);Violation of Art. 5-1;Violation of Art. 5-3;Violation of Art. 5-4;Violation of Art. 13;Non-pecuniary damage - award
Angelika Nußberger;Dean Spielmann;Elisabet Fura;Ganna Yudkivska;Karel Jungwiert;Mark Villiger
5. The applicant was born in 1976 and lives in Yevpatoriya. 6. On 25 February 2004 the applicant was arrested by the police on suspicion of drug dealing. On the same date a sachet of poppy straw was seized from his pocket. 7. On the same date the applicant complained to the Yevpatoriya Prosecutors’ Office that he had b...
1
dev
001-81917
ENG
ROU
CHAMBER
2,007
CASE OF HIRSCHHORN v. ROMANIA
2
Violation of Art. 6-1 (access to court - independent and impartial tribunal);Violation of P1-1;Remainder inadmissible;Pecuniary damage - financial reparation in the absence of restitution) - financial award;Pecuniary damage (loss of profits resulting from failure to comply with a final judgment) - claim dismissed;Pecun...
Alvina Gyulumyan;Corneliu Bîrsan;David Thór Björgvinsson;Egbert Myjer;Elisabet Fura;Ineta Ziemele;Lucius Caflisch
4. The applicant was born in 1925 in Bucharest and lives in Le Cannet (France). 5. In 1952, under Decree no. 92/1950 on nationalisation, the State took possession of a building located at 16 Negustori Street in Bucharest which belonged to the applicant's parents, Romanian citizens and members of the Jewish faith. 6. On...
1
dev
001-77791
ENG
ESP
CHAMBER
2,006
CASE OF DACOSTA SILVA v. SPAIN
1
Violation of Art. 5-1-a;Not necessary to examine Art. 6-1 and 6-3
Javier Borrego Borrego;Karel Jungwiert;Margarita Tsatsa-Nikolovska;Mark Villiger;Peer Lorenzen;Renate Jaeger;Volodymyr Butkevych
8. The applicant, a member of the Civil Guard (Guardia Civil), was born in 1969 and lives in Valencia. At the material time he was stationed at the Gijón headquarters and had been on sick leave since 5 January 1998. 9. On 16 February 1998 he was informed that one of his close relatives had been taken seriously ill. Aft...
1
dev
001-68707
ENG
FIN
ADMISSIBILITY
2,005
JARVI-ERISTYS OY v. FINLAND
4
Inadmissible
Nicolas Bratza
The applicant, Järvi-Eristys Oy, is a Finnish limited liability company. Before the Court it was represented by Jouko Kauppila, a lawyer practising in Pori. The respondent Government were represented by their Agent, Arto Kosonen, Director in the Ministry for Foreign Affairs. The facts of the case, as submitted by the p...
0
dev
001-92969
ENG
CZE
ADMISSIBILITY
2,004
DES FOURS WALDERODE v. THE CZECH REPUBLIC
1
Inadmissible
null
The applicant, Mr Karel Des Fours Walderode, was a Czech and Austrian national. He was born in 1904 and died on 6 February 2000. On 25 February 2000 the applicant's widow, Mrs Johanna Kammerlander, took her late husband's place in the proceedings before the Court. The facts of the case, as submitted by the applicant, m...
0
dev
001-104096
ENG
LVA
ADMISSIBILITY
2,011
KOSTJUCENKOVS v. LATVIA
4
Inadmissible
Corneliu Bîrsan;Egbert Myjer;Ineta Ziemele;Ján Šikuta;Josep Casadevall;Kristina Pardalos;Nona Tsotsoria
1. The applicant, Mr Māris Kostjučenkovs, is a Latvian national who was born in 1979. At the time of submitting his complaint he was serving a prison sentence in Daugavpils prison. The Latvian Government (“the Government”) were represented by their Agent, Mrs Inga Reine. 2. The facts of the case, as submitted by the pa...
0
dev
001-91650
ENG
UKR
ADMISSIBILITY
2,009
PANCHENKO v. UKRAINE
4
Inadmissible
Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Stanislav Shevchuk;Zdravka Kalaydjieva
The applicant, Mr Igor Vasylyovych Panchenko, is a Ukrainian national who was born in 1965 and lives in Kyiv. The Ukrainian Government (“the Government”) are represented by their Agent, Mr Yuriy Zaytsev. The facts of the case, as submitted by the parties, may be summarised as follows. On 2 December 1994 the applicant b...
0
dev
001-75997
ENG
LVA
CHAMBER
2,006
CASE OF KAFTAILOVA v. LATVIA
2
Violation of Art. 8
Christos Rozakis
9. The applicant, who is of Georgian origin, was born in 1958 in Georgia and has lived in Riga (Latvia) since 1984. She was a Soviet national until 1991 and now has no nationality. 10. In 1982 the applicant, who was living in Russia at the time, married a Soviet civil servant employed by the USSR Ministry of the Interi...
1
dev
001-75529
ENG
TUR
CHAMBER
2,006
CASE OF DOĞRUSÖZ AND ASLAN v. TURKEY
4
Violation of P1-1;Pecuniary damage - financial award;Non-pecuniary damage - finding of violation sufficient
null
4. The applicants were born in 1931 and 1930 and live in Ankara and Hatay, respectively. 5. In 1965 the applicants bought a plot of land in Hatay from the Samandağ Municipality. 6. On 9 September 1976 the Ministry of Construction and Settlement conducted land consolidation proceedings and defined the coastline in the a...
0
dev
001-78062
ENG
LTU
CHAMBER
2,006
CASE OF VAIVADA v. LITHUANIA
4
Violation of Art. 5-1;Violation of Art. 5-4
David Thór Björgvinsson
6. The second applicant is the first applicant's uncle. 7. The second applicant, who then had a criminal record of two previous convictions, was arrested on 18 July 1997 and questioned in the context of criminal proceedings for theft. He was released on 21 July 1997. 8. The first applicant, then having a criminal recor...
1
dev
001-99119
ENG
LVA
ADMISSIBILITY
2,010
RUZA v. LATVIA
4
Inadmissible
Alvina Gyulumyan;Elisabet Fura;Ineta Ziemele;Josep Casadevall;Luis López Guerra
1. The applicant, Mr Rihards Ruža, is a Latvian national who was born in 1973 and is being held in custody in Daugavpils prison. He was represented before the Court by Ms I. Znotiņa, a lawyer practising in Riga. The Latvian Government (“the Government”) were represented by their Agent, Ms I. Reine. 2. The facts of the ...
0
dev
001-21954
ENG
AUT
ADMISSIBILITY
2,001
UNTERGUGGENBERGER v. AUSTRIA
4
Inadmissible
Nicolas Bratza
The applicant, Mr Silvio Unterguggenberger, is an Austrian national, born in 1935 and living in Vienna. He is represented before the Court by Mr M. Graff, a lawyer practising in Vienna. The respondent Government are represented by Ambassador H. Winkler, Head of the International Law Department at the Federal Ministry o...
0
dev
001-57582
ENG
AUT
CHAMBER
1,969
CASE OF STÖGMÜLLER v. AUSTRIA
2
Violation of Art. 5-3;Just satisfaction reserved
null
1. The object of the Commission’s request and of the Government’s Application is to have the Stögmüller case referred to the Court so that the latter may decide whether the facts of the case reveal any violation by the Republic of Austria of its obligations under Article 5, paragraph (3) (art. 5-3), of the Convention. ...
1
dev
001-96701
ENG
RUS
CHAMBER
2,010
CASE OF SHUGAYEV v. RUSSIA
4
Violation of Art. 6-1;Violation of Art. 6-3-c;Violation of Art. 34
Anatoly Kovler;Christos Rozakis;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Khanlar Hajiyev
7. The applicant was born in 1961 and is serving a prison sentence in Orenburg. 8. On 6 May 2001 the applicant was arrested on suspicion of murder. On 7 June 2001 he was released on an undertaking not to leave town. 9. The applicant was subsequently apprehended on suspicion of another murder. According to him, the arre...
1
dev
001-101853
ENG
GBR
CHAMBER
2,010
CASE OF GREENS AND M.T. v. THE UNITED KINGDOM
1
Violation of Article 3 of Protocol No. 1 - Right to free elections-{general} (Article 3 of Protocol No. 1 - Vote);No violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Respondent State to take measures of a general character (Article 46 - Pilot judgment;General measures);Non-pecuniar...
David Thór Björgvinsson;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
7. The first applicant, Mr Greens, was serving a determinate sentence of imprisonment at HM Prison Peterhead at the time his application was lodged with the Court. He was eligible for release on parole from 29 May 2010. It is not known whether he has been released on parole. The second applicant, M.T., is currently ser...
1
dev
001-61434
ENG
ITA
CHAMBER
2,003
CASE OF GAMBERINI MONGENET v. ITALY
4
Violation of P1-1;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
Peer Lorenzen
4. The applicants were respectively born in 1938, 1943 and 1948 and live in Rome. 5. The applicants' father was the owner of a flat in Rome, which he had let to C.C. 6. In a writ served on the tenant on 24 January 1984, the applicants' father informed the tenant that he intended to terminate the lease on expiry of the ...
1
dev
001-91608
ENG
HRV
CHAMBER
2,009
CASE OF SANDRA JANKOVIĆ v. CROATIA
2
Preliminary objection dismissed (non-exhaustion of domestic remedies);Violation of Art. 8;Violation of Art. 6-1;Non-pecuniary damage - award
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Giorgio Malinverni;Khanlar Hajiyev;Sverre Erik Jebens
5. The applicant was born in 1964 and lives in Split. She is unemployed and unwaged. 6. From October 1996 the applicant occupied a room and common premises of a privately owned flat in Split together with other tenants. On 2 August 1999 the applicant found that the lock of the entrance door to the flat had been changed...
1
dev
001-79910
ENG
MDA
CHAMBER
2,007
CASE OF ISTRATII v. MOLDOVA
3
Violations of Art. 3;Violation of Art. 5-3;Violation of Art. 5-4;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings
Nicolas Bratza
6. The applicants, Mr Viorel Istratii, Mr Alexandru Burcovschi and Mr Roman Luţcan, are Moldovan nationals who were born in 1971, 1970 and 1976 respectively and all live in Chişinău. 7. The facts of the case, as submitted by the parties, may be summarised as follows (most events happened in the same way and on the same...
1
dev
001-106526
ENG
AUT
ADMISSIBILITY
2,011
POPOVICI v. AUSTRIA
4
Inadmissible
Elisabeth Steiner;Erik Møse;Julia Laffranque;Khanlar Hajiyev;Linos-Alexandre Sicilianos;Mirjana Lazarova Trajkovska;Nina Vajic
The applicant, Mr Livius Popovici, is an Austrian national who was born in 1927 and lives in Vienna. He was represented by Mr Reif-Breitwieser, a lawyer practising in Vienna. The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Tichy, Head of the International Law Department at the ...
0
dev
001-60926
ENG
POL
CHAMBER
2,003
CASE OF BUKOWSKI v. POLAND
4
Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award
Nicolas Bratza
9. On 15 March 1986 the applicant sued for damages the Warsaw-Mokotów District Office (Urząd Dzielnicowy), the Warsaw Architecture Office (Urząd Stołecznej Architektury) and three of his neighbours, A.H., H.H. and T.H., in the Warsaw Regional Court (Sąd Wojewódzki). The applicant sought 1,000,000 old Polish zlotys (PLZ...
1
dev
001-119975
ENG
UKR
CHAMBER
2,013
CASE OF NATALIYA MIKHAYLENKO v. UKRAINE
3
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Non-pecuniary damage - award
Aleš Pejchal;André Potocki;Angelika Nußberger;Ganna Yudkivska;Mark Villiger;Paul Lemmens
5. The applicant was born in 1971 and lives in Simferopol. 6. The applicant was born with congenital facial injury and was diagnosed with a “midline cranial cleft”. Between 1990 and 1997 she repeatedly underwent surgery in a clinic in the United States of America, following which her cranial disorders were mostly cured...
1
dev
001-92807
ENG
BGR
ADMISSIBILITY
2,009
TODOROVI v. BULGARIA
4
Inadmissible
Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger;Zdravka Kalaydjieva
The applicants, Todor Ivanov Todorov and Petranka Ruseva Todorova, are Bulgarian nationals who were born in 1944 and 1948 respectively and live in Varna. They are represented before the Court by Mr M. Ekimdjiev and Mrs K. Boncheva, lawyers practising in Plovdiv. The applicants are spouses. In 1986 they bought from the ...
0
dev
001-81677
ENG
POL
CHAMBER
2,007
CASE OF BOBEK v. POLAND
3
Preliminary objection dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 6+6-3 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3 - Rights of defence);Pecuniary damage - claim dismissed (Article 41 - Causal li...
null
6. The applicant was born in 1929 and lives in Rzeszów. 7. The applicant, who was an advocate, made a declaration under the provisions of the Lustration Act 1997 that she had never secretly collaborated with the communist secret service. She only admitted that between 1945 and 1953 she had been working at the Security ...
1
dev
001-108781
ENG
BGR
CHAMBER
2,012
CASE OF P.M. v. BULGARIA
3
Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Non-pecuniary damage - award
David Thór Björgvinsson;Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Päivi Hirvelä;Vincent A. De Gaetano;Zdravka Kalaydjieva
5. The applicant was born in 1977 and lives in Stara Zagora. 6. According to the judgment of 30 November 2005 of the Stara Zagora District Court, in the afternoon of 29 March 1991 the applicant, then aged thirteen, was invited to a party at the home of Mr T.Z. There were several young people in the apartment. After som...
1
dev
001-112481
ENG
UKR
CHAMBER
2,012
CASE OF VASILIY IVASHCHENKO v. UKRAINE
3
Remainder inadmissible;Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment);Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of petition);No violation of Article 34 - Individual applications (Article 34 - Hinder the exercise ...
André Potocki;Angelika Nußberger;Dean Spielmann;Ganna Yudkivska;Karel Jungwiert;Mark Villiger
5. The applicant was born in 1961. He is currently serving a prison sentence in Izyaslav, the Khmelnytsk Region. 6. On 12 April 1998 a police officer was killed and another police officer was severely wounded by a group of people using fire arms. On the same day the police stopped a car, whose driver stated that he had...
1
dev
001-104810
ENG
HRV
ADMISSIBILITY
2,011
IMOBILIJE MARKETING D.O.O. AND DEBELIC v. CROATIA
4
Inadmissible
Anatoly Kovler;Elisabeth Steiner;George Nicolaou;Julia Laffranque;Khanlar Hajiyev;Mirjana Lazarova Trajkovska
The first applicant, Imobilije Marketing d.o.o., is a limited liability company incorporated under Croatian law, which has its registered office in Rab. The second applicant, Mr Ivan Debelić, is a Croatian national who was born in 1939 and lives in Rab. He is an advocate practising in Rab. The first applicant was repre...
0
dev
001-97623
ENG
BGR
CHAMBER
2,010
CASE OF PATRIKOVA v. BULGARIA
3
Violation of Art. 6;Violations of P1-1;Pecuniary damage and non-pecuniary damage - award
Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Rait Maruste;Renate Jaeger;Zdravka Kalaydjieva
4. The applicant was born in 1967 and lives in Isperih. At the relevant time she was a sole trader, registered under the name ET GATZI-92 Galina Patrikova. Under Bulgarian law her business did not have a distinct legal personality. She traded in alcoholic beverages and tobacco, which are considered as excise duty produ...
1
dev
001-90356
ENG
AZE
CHAMBER
2,008
CASE OF MAHMUDOV AND AGAZADE v. AZERBAIJAN
3
Violation of Art. 10;Pecuniary damage - claim dismissed;Non-pecuniary damage - award
Anatoly Kovler;Christos Rozakis;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Khanlar Hajiyev
5. The applicants were born in 1961 and 1979 respectively and live in Baku. 6. The first applicant was the acting chief editor of the Müxalifət newspaper. The second applicant was a journalist working for the same newspaper. 7. In its issue of 12-18 April 2003, the newspaper published an article named “Grain Mafia in A...
1
dev
001-81359
ENG
GBR
GRANDCHAMBER
2,007
CASE OF O'HALLORAN AND FRANCIS v. THE UNITED KINGDOM
1
No violation of Art. 6-1;No separate issue under Art. 6-2
Alvina Gyulumyan;Christos Rozakis;Egbert Myjer;Ján Šikuta;Javier Borrego Borrego;Jean-Paul Costa;Josep Casadevall;Lech Garlicki;Luzius Wildhaber;Matti Pellonpää;Nicolas Bratza;Snejana Botoucharova;Stanislav Pavlovschi;Volodymyr Butkevych
8. The applicants were born in 1933 and 1939 and live in London and Petersfield respectively. 9. On 7 April 2000, at 4.55 a.m., a vehicle of which the applicant was the registered keeper, registration number T61 TBX, was caught on a speed camera driving at 69 miles per hour (mph) on the M11 motorway where the temporary...
0
dev
001-92667
ENG
RUS
CHAMBER
2,009
CASE OF BATSANINA v. RUSSIA
2
Remainder inadmissible;No violation of Art. 6-1;Violation of Art. 6-1;Non-pecuniary damage - award;Pecuniary damage - claim dismissed
Alvina Gyulumyan;Anatoly Kovler;Egbert Myjer;Elisabet Fura;Josep Casadevall;Luis López Guerra
4. The applicant was born in 1957 and lives in the town of Gelendzhik, in the Krasnodar Region. 5. The applicant's husband was a staff member of the Oceanology Institute of the Russian Academy of Sciences, a State-owned institution. In 1977 he was placed on a waiting list to receive housing. In August 1998 he was on th...
1
dev
001-71594
ENG
GRC
CHAMBER
2,005
CASE OF BEKOS AND KOUTROPOULOS v. GREECE
1
Violations of Art. 3;No separate issue under Art. 13;No violation of Art. 14+3 (alleged racist treatment);Violation of Art. 14+3 (failure to investigate possible racist motives);Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award
Nicolas Bratza
8. The applicants, who are Greek nationals of Roma origin, were born in 1980 and live in Mesolonghi (Western Greece). 9. On 8 May 1998, at approximately 00.45 a.m., a patrol car from the Mesolonghi police station responded to a telephone complaint reporting the attempted burglary of a kiosk. The call had been made by t...
1
dev
001-104651
ENG
RUS
CHAMBER
2,011
CASE OF SUTYAGIN v. RUSSIA
3
Violation of Art. 5-3;Violations of Art. 6-1;Non-pecuniary damage - award
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;Khanlar Hajiyev;Sverre Erik Jebens
6. The applicant was born in 1965 and currently lives in London. 7. The applicant worked at the Institute of the USA and Canada at the Russian Academy of Science as the head of the Military-Technical and Military-Economic Policy Department. He resided in Obninsk, Kaluga Region. 8. On 26 October 1999 the Kaluga Region D...
1
dev
001-92572
ENG
RUS
CHAMBER
2,009
CASE OF KALACHEVA v. RUSSIA
3
Violation of Art. 8;Non-pecuniary damage - award
Anatoly Kovler;Isabelle Berro-Lefèvre;Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Rait Maruste;Renate Jaeger
5. The applicant was born in 1978 and lives in Astrakhan. 6. On 5 September 2003 the applicant gave birth to a daughter out of wedlock. 7. On 11 November 2003 she lodged a claim with the Kirovskiy District Court of Astrakhan against Mr A., with whom she allegedly had been in a relationship since 2000, in order to estab...
1
dev
001-58977
ENG
AUT
CHAMBER
2,000
CASE OF T. v. AUSTRIA
1
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Criminal charge;Reasonable time);Violation of Article 6+6-3-b - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time) (Article 6 - Right to a fair trial;Article 6-3-b - Preparation of defence)
null
6. On 27 June 1988 the C-Bank filed an action for payment of Austrian schillings (ATS) 8,497 against the applicant on the ground that, following termination of their contractual relationship, the applicant's current account showed a debit balance for this amount. 7. On 18 July 1988 the Hietzing District Court (Bezirksg...
1
dev
001-60494
ENG
SVK
CHAMBER
2,002
CASE OF KOMANICKY v. SLOVAKIA
3
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
9. The applicant was employed by the District National Committee (Okresný národný výbor) in Bardejov. In 1988 he was dismissed for breach of discipline. Subsequently courts at two levels of jurisdiction declared the dismissal unlawful. Their decisions became final on 2 August 1991. 10. In 1990, while the above proceedi...
1
dev
001-104811
ENG
GRC
ADMISSIBILITY
2,011
ANASTASSAKOS AND OTHERS v. GREECE
4
Inadmissible
Flogaitis;George Nicolaou;Julia Laffranque;Khanlar Hajiyev;Mirjana Lazarova Trajkovska;Peer Lorenzen;Spyridon Flogaitis
The applicants, Mr Ioannis Anastassakos, Mr Spyridon Zavitsanos and Mr Stavros Leoussis are Greek nationals who were born in 1955, 1957 and 1944 respectively. They live in Athens. They are represented before the Court by Mr N. Alivizatos and Mr Y. Ktistakis, both lawyers practising in Athens. The Greek Government (“the...
0
dev
001-5676
ENG
FIN
ADMISSIBILITY
2,001
M.S.S. v. FINLAND
4
Inadmissible
Georg Ress
The applicant is a Finnish national, born in 1947 and living in Malaga, Spain. The facts of the case, as submitted by the applicant, may be summarised as follows. On 21 December 1993 the Helsinki Tax Office made a decision that the applicant was due to pay residual taxes since he had not announced certain income in the...
0
dev
001-88571
ENG
GBR
ADMISSIBILITY
2,008
BELLON v. THE UNITED KINGDOM
4
Inadmissible
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
The applicant, Mr Luciano Bellon, is an Italian national who was born in 1945 and lives in Leeds. He was unrepresented before the Court. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office. The facts of the case, as submitted by the p...
0
dev
001-71299
ENG
BGR
CHAMBER
2,005
CASE OF CAPITAL BANK AD v. BULGARIA
1
Government's request for strike-out rejected;Violations of Art. 6-1;Not necessary to examine Art. 13;Violation of P1-1;Pecuniary damage - claim dismissed;Costs and expenses partial award - domestic and Convention proceedings
Christos Rozakis
10. The applicant bank was set up and acquired a banking licence in 1993. On 20 November 1997 its licence was revoked by the BNB and on 6 January 1998 it was put into compulsory liquidation (see paragraphs 20 and 27 below). On 20 April 2005 the bank was wound up and it was struck off the register of companies (see para...
1
dev
001-98814
ENG
HUN
CHAMBER
2,010
CASE OF ENGEL v. HUNGARY
3
Violation of Art. 3 (substantive aspect);Non-pecuniary damage - award
András Sajó;Françoise Tulkens;Ireneu Cabral Barreto;Nona Tsotsoria
5. The applicant was born in 1962 and lived in Szeged. 6. On 13 May 2003 the applicant was caught in the act of committing armed robbery. In the ensuing exchange of shots, he killed a police officer and wounded another. He was also injured in his spine, as a consequence of which he became paralysed in both his legs fro...
1
dev
001-101469
ENG
LVA
CHAMBER
2,010
CASE OF MARINA v. LATVIA
3
Violation of Art. 6-1;Non-pecuniary damage - award
Alvina Gyulumyan;Corneliu Bîrsan;Elisabet Fura;Ineta Ziemele;Josep Casadevall;Luis López Guerra
The applicant was born in 1938 and lives in Rīga. From an unspecified date, the applicant, together with her partner V.M., made use of a plot of land in Carnikava parish. The rights to use the land were allocated to the latter by a decision of the Carnikava Municipality. The property consisted of a dwelling house with ...
1
dev
001-100094
ENG
ARM
ADMISSIBILITY
2,010
PAPYAN AND DAVTYAN v. ARMENIA
4
Inadmissible
Alvina Gyulumyan;Elisabet Fura;Ineta Ziemele;Josep Casadevall;Luis López Guerra
1. The applicants, Mr Hayk Papyan, Mr Samvel Papyan, Ms Satenik Davtyan and Ms Lilit Papyan, are Armenian nationals who were born in 1971, 1942, 1949 and 1978 respectively and live in Yerevan. They were represented before the Court by Mr T. Atanesyan, a lawyer practising in Yerevan. The Armenian Government (“the Govern...
0
dev
001-91203
ENG
MDA
ADMISSIBILITY
2,009
NEDELCOV v. MOLDOVA
4
Inadmissible
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
The applicant, Mr Ion Nedelcov, is a Moldovan national who was born in 1933 and lives in Chişinău. He was represented before the Court by Mr R. Zadoinov, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr Vladimir Grosu. The facts of the case, as submitted by...
0
dev
001-60329
ENG
ITA
GRANDCHAMBER
2,002
CASE OF CALVELLI AND CIGLIO v. ITALY
1
Preliminary objections rejected (victim);No violation of Art. 2;No violation of Art. 6-1
Luzius Wildhaber;Paul Mahoney
9. Immediately following its birth in a private clinic, “La Madonnina”, in Cosenza the applicant's new-born baby was admitted to the intensive care unit of Cosenza Hospital suffering from serious respiratory and neurological post-asphyxia syndrome induced by the position in which it had become lodged during delivery. T...
0
dev
001-67415
ENG
ITA
CHAMBER
2,004
CASE OF SEJDOVIC v. ITALY
2
Violation of Art. 6;Pecuniary damage - claim dismissed;Non-pecuniary damage - finding of violation sufficient;Costs and expenses (national proceedings) - claim dismissed;Costs and expenses award - Convention proceedings
Christos Rozakis
7. The applicant was born in 1972 and lives in Hamburg (Germany). 8. On 8 September 1992 a Mr S. was fatally injured by a shot fired at a Gypsy encampment in Rome. The initial statements taken by the police from witnesses indicated that the applicant had been responsible for the killing. 9. On 15 October 1992 the Rome ...
1
dev
001-69886
ENG
DEU
ADMISSIBILITY
2,005
ELLERSIEK v. GERMANY
4
Inadmissible
null
The applicants, Mrs Bärbel Ellersiek, Mr Dietrich Ellersiek and Ireen Ellersiek, are German nationals who were born in 1948, 1946 and 1993 respectively. The second and the third applicants live in Enger in Germany. The first applicant passed away on 11 February 2004. By letter of 26 August 2004 the second applicant inf...
0
dev
001-69790
ENG
RUS
CHAMBER
2,005
CASE OF RYTSAREV v. RUSSIA
3
Preliminary objection allowed (victim)
null
9. The applicant was born in 1956 and lives in the village of Zhdimir in the Oryol Region of Russia. 10. On 8 July 2000 the applicant was arrested and detained on suspicion of having committed theft of aluminium wire. He was placed in a cell intended for the detention of administrative offenders (“KAZ”) at the Znamensk...
0
dev
001-71654
ENG
RUS
ADMISSIBILITY
2,005
LAZAREV AND LAZAREV v. RUSSIA
2
Inadmissible
Christos Rozakis
The applicants, Mr Vladimir Ivanovich Lazarev and Mr Pavel Vladimirovich Lazarev, are Russian nationals who were born in 1955 and 1992 respectively and live in Moscow. The first applicant is the father and legal representative of the second applicant. The respondent Government were represented by Mr P. Laptev, Represen...
0
dev
001-83100
ENG
SVN
ADMISSIBILITY
2,007
SINKOVIC v. SLOVENIA
4
Inadmissible
Corneliu Bîrsan;David Thór Björgvinsson
The applicant, Mr Giuliano Sinkovič, is a Slovenian national who was born in 1949 and lives in Piran. He was represented before the Court by Mr E. Dokič, a lawyer practising in Piran. In 1992 a company, HIT, published in a local newspaper an invitation to submit proposals for the name of a new casino. A reward of 100,0...
0
dev
001-96165
ENG
TUR
CHAMBER
2,009
CASE OF NARIN v. TURKEY
3
Violation of Art. 6-1;Remainder inadmissible;Non-pecuniary damage - award;Pecuniary damage - claim dismissed
Alvina Gyulumyan;Elisabet Fura;Josep Casadevall;Luis López Guerra
5. The applicants were born in 1948, 1978, 1968, 1976, 1980, 1981, 1983, 1984, 1985 and 1986 respectively and live in Diyarbakır. 6. On 3 October 1992, at 10:30 a.m., clashes occurred in the district of Kulp in the province of Diyarbakır, between the PKK (the Workers' Party of Kurdistan, an illegal organisation) and th...
1
dev
001-77054
ENG
RUS
CHAMBER
2,006
CASE OF ANDANDONSKIY v. RUSSIA
4
No violation of Art. 6
David Thór Björgvinsson
7. The applicant was born in 1937 and currently lives in the village of Veshenskaya, Sholokhovskiy District, Rostov Region. 8. On 13 June 2000 the Moskovskiy district prosecutor's office of St Petersburg brought criminal proceedings against the applicant on suspicion of the attempted murder of N. on 7 April 2000. 9. On...
0
dev
001-70522
ENG
SVK
CHAMBER
2,005
CASE OF CIBULKOVA v. SLOVAKIA
4
Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses (domestic proceedings) - claim dismissed;Costs and expenses partial award - Convention proceedings
Nicolas Bratza
4. The applicant was born in 1957 and lives in Bratislava. 5. On 29 March 1993 the applicant brought an action against the Bratislava II Housing Cooperative (Stavebné bytové družstvo), of which she had formerly been a member, in the Bratislava II District Court (at that time Obvodný súd, at present Okresný súd). She ch...
1
dev
001-92183
ENG
FIN
ADMISSIBILITY
2,009
LEINO v. FINLAND
4
Inadmissible
David Thór Björgvinsson;Ján Šikuta;Lech Garlicki;Mihai Poalelungi;Nicolas Bratza;Päivi Hirvelä
The applicant, Mr Martti Leino, is a Finnish national who was born in 1937 and lives in Espoo. He was represented before the Court by Mr P. Kavonius, a lawyer practising in Lohja. The respondent Government were represented by their agent, Mr Arto Kosonen of the Ministry for Foreign Affairs. The applicant had a voluntar...
0
dev
001-59514
ENG
SVN
CHAMBER
2,001
CASE OF TRICKOVIC v. SLOVENIA
4
No violation of Art. 6-1
Elisabeth Palm;Gaukur Jörundsson
9. The applicant is a Slovenian national of Serbian origin. He was born in 1944 and lives in Ljubljana. He was employed as a medical technician in the Yugoslav People’s Army. In the summer of 1991, after Slovenia became independent following the dissolution of the former Yugoslavia, the applicant worked in the Federal ...
0
dev
001-4904
ENG
AUT
ADMISSIBILITY
1,999
WEBORA v. AUSTRIA
4
Inadmissible
null
The applicant, born in 1952, is an Austrian national residing in Vienna. In the proceedings before the Court he is represented by Mr. G. Grone, a lawyer practising in Vienna. A. On 23 March 1995 officers of the Vienna Federal Police Authority (Bundespolizeidirektion) searched the applicant’s home on the suspicion that ...
0
dev
001-79134
ENG
RUS
CHAMBER
2,007
CASE OF KOT v. RUSSIA
3
Violation of Art. 6-1;Violation of P1-1;Remainder inadmissible;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses award - Convention proceedings
Christos Rozakis
5. The applicant, Mr Anatoliy Yefimovich Kot was born in 1937 and lives in Tambov. In 1987 he took part in the emergency operations at the site of the Chernobyl nuclear plant accident. On 3 November 2000 he was diagnosed with after-effects of radioactive emissions and granted monthly compensation for the damage to his ...
1
dev
001-84339
ENG
FRA
CHAMBER
2,008
CASE OF KEARNS v. FRANCE
3
No violation of Art. 8;Remainder inadmissible
Alvina Gyulumyan;David Thór Björgvinsson;Egbert Myjer;Elisabet Fura;Isabelle Berro-Lefèvre;Jean-Paul Costa
7. The applicant was born in 1966 and lives in Dublin. She is married to T. 8. On 8 February 2002 she went to Seclin Hospital, in France, together with her mother and a French lawyer, to request anonymous registration of the forthcoming birth of her child (accouchement sous X). 9. She was admitted to the maternity ward...
0
dev
001-57796
ENG
FRA
CHAMBER
1,992
CASE OF TOMASI v. FRANCE
2
Preliminary objection rejected (victim);Preliminary objection rejected (non-exhaustion);Violation of Art. 5-3;Questions of procedure accepted;Violation of Art. 3;Violation of Art. 6-1;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - domestic proceedings;Costs ...
C. Russo;N. Valticos
7. Mr Félix Tomasi, a French national born in 1952, resides at Bastia (Haute-Corse). He is both a shopkeeper and a salaried accountant. At the time of his arrest, he was an active member of a Corsican political organisation, which put up candidates for the local elections and of which he was the treasurer. 8. On 23 Mar...
1
dev
001-83390
ENG
SRB
CHAMBER
2,007
CASE OF POPOVIC v. SERBIA
4
Violation of Art. 6-1
null
4. The applicant was born in 1939 and lives in Bijela Brda. 5. On 9 April 1984 the applicant brought a civil action in the Beograd Third Municipal Court against a certain N.D., seeking repayment of a loan. 6. Having heard the applicant in person at a hearing on 20 June 2002, on 5 November 2002 the court gave a judgment...
1
dev
001-99391
ENG
TUR
CHAMBER
2,010
CASE OF KÖKSAL AND DURDU v. TURKEY
4
Violation of Art. 6-1
András Sajó;Françoise Tulkens;Ireneu Cabral Barreto;Kristina Pardalos;Nona Tsotsoria
3. The applicants were born in 1973 and 1965, respectively, and live in Samsun and Ankara. 4. On 17 October 2001 the applicant was discharged from his civil service post following his previous criminal conviction by a martial law court. The conviction had been finalised by the Military Court of Cassation's decision of ...
1
dev
001-71045
ENG
FIN
ADMISSIBILITY
2,005
KAIPILA v. FINLAND
4
Inadmissible
Nicolas Bratza
The applicant, Mr Markku Kaipila, is a Finnish national who was born in 1959 and lives in Vammala. He is represented before the Court by Mr Pirkka Lappalainen, a lawyer practising in Nokia. The Government are represented by their Agent, Mr Arto Kosonen, Director in the Ministry for Foreign Affairs. The facts of the cas...
0
dev
001-76762
ENG
GBR
CHAMBER
2,006
CASE OF PEARSON v. THE UNITED KINGDOM
3
No violation of Art. 14+P1-1
Josep Casadevall;Nicolas Bratza
7. The applicant was born in 1942 and lives in Birmingham. 8. The applicant, aged sixty three, would not become eligible for a State pension until he was sixty five, whereas a woman could claim a State pension from age sixty. He was currently unemployed but if he returned to work he and any potential employer would be ...
0
dev
001-22151
ENG
ESP
ADMISSIBILITY
2,000
SANLES SANLES v. SPAIN
1
Inadmissible
Georg Ress
The applicant is a Spanish national. She was born in 1936 and lives in Porto do Son, Corunna (Spain). She was represented before the Court by Mr Jorge Arroyo Martínez and Mr José Luis Mazón Costa, of the Barcelona and Murcia Bars respectively. On 12 January 1998 Mr Ramón Sampedro Cameán (“Mr Sampedro”), who had been te...
0
dev
001-100778
ENG
DEU
ADMISSIBILITY
2,010
ROSE v. GERMANY
4
Inadmissible
Ganna Yudkivska;Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Renate Jaeger;Zdravka Kalaydjieva
The applicant, Mr Hans-Jürgen Rose, is a German national who was born in 1958 and lives in Munich. He was represented before the Court by Mr J. Arnold and Mr W. Kaleck, lawyers practising in Pfaffenweiler and Berlin, respectively. The applicant is a military officer of the German Bundeswehr holding the rank of a Lieute...
0
dev
001-96339
ENG
RUS
CHAMBER
2,009
CASE OF DENIS VASILYEV v. RUSSIA
2
Remainder inadmissible;Violations of Art. 3;Violation of Art. 13;No violation of Art. 34;Pecuniary and non-pecuniary damage - awards
Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni
6. The applicant was born in 1983 and lives in Moscow. 7. On 29 June 2001 the applicant and his school friend Mr N. were spending the evening together. At about 11.30 p.m. they went to Mr N.’s place as Mr N., who is a diabetic, needed an insulin injection. After that they took a taxi to the applicant’s place. 8. While ...
1
dev
001-85804
ENG
GBR
ADMISSIBILITY
2,008
BROOKS v. THE UNITED KINGDOM
4
Inadmissible
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Nicolas Bratza;Stanislav Pavlovschi
The applicant, Mr Christopher Brooks, is a British national who was born in 1938 and lives in Lancashire. He was represented before the Court by Royds Rdw, solicitors in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office. The...
0
dev
001-71897
ENG
SWE
ADMISSIBILITY
2,005
DEJBAKHSH AND MAHMOUD ZADEH v. SWEDEN
4
Inadmissible
null
The applicants, Ms Faradokht Dejbakhsh (“D”) and Ms Nagmeh Mahmoud Zadeh (“M”), are Iranian nationals who were born in 1950 and 1978 respectively. They are mother and daughter. They are represented before the Court by Mr P. Stadig, a lawyer practising in Stockholm. The respondent Government are represented by Ms I. Kal...
0
dev
001-57974
ENG
GBR
GRANDCHAMBER
1,996
CASE OF GOODWIN v. THE UNITED KINGDOM
2
Violation of Art. 10;Non-pecuniary damage - finding of violation sufficient;Costs and expenses partial award - Convention proceedings
C. Russo;John Freeland;N. Valticos;R. Pekkanen
10. Mr William Goodwin, a British national, is a journalist and lives in London. 11. On 3 August 1989 the applicant joined the staff of The Engineer, published by Morgan-Grampian (Publishers) Ltd ("the publishers"), as a trainee journalist. He was employed by Morgan Grampian PLC ("the employer"). On 2 November 1989 the...
1
dev
001-103530
ENG
MKD
CHAMBER
2,011
CASE OF ATANASOV v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
4
Violation of Art. 6-1
Angelika Nußberger;Ganna Yudkivska;Karel Jungwiert;Mark Villiger;Mirjana Lazarova Trajkovska;Peer Lorenzen;Zdravka Kalaydjieva
5. The applicant was born in 1959 and lives in Negotino. 6. On 22 November 2001 the public prosecutor requested an investigating judge of the Negotino Court of First Instance (“the trial court”) to open an investigation against the applicant on the count of forgery of a notice convening a meeting of shareholders of a c...
1
dev
001-92665
ENG
POL
CHAMBER
2,009
CASE OF KORDOS v. POLAND
4
Violation of Article 6 - Right to a fair trial
Giovanni Bonello;Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä
5. The applicant was born in 1937 and lives in Śrem. 6. In 1995 the applicant’s husband died on a pedestrian crossing after being hit by a car. The car was being driven by a certain B.M. 7. On 20 July 1998 the applicant filed a claim against B.M. and the “Warta” Insurance Company with the Poznań Regional Court, seeking...
1
dev
001-110871
ENG
SWE
ADMISSIBILITY
2,012
R.W. AND OTHERS v. SWEDEN
4
Inadmissible
André Potocki;Angelika Nußberger;Ann Power-Forde;Dean Spielmann;Elisabet Fura;Ganna Yudkivska
The applicants, Ms R.W. and her twin daughters, are Kenyan nationals who were born in 1986 and 2009. They were represented before the Court by Mr J. Nyström, a lawyer practising in Skellefteå. The first applicant arrived in Sweden from Nairobi, Kenya on 9 July 2008 and applied for asylum on the same day. She submitted ...
0
dev
001-4911
ENG
POL
ADMISSIBILITY
1,999
JANUSZEWSKI AND WICHERKIEWICZ v. POLAND
4
Inadmissible
Matti Pellonpää
The applicants are Polish nationals. The first applicant was born in 1942, the second applicant was born in 1950. They both live in Warsaw. They are represented before the Court by Mr Ireneusz Zieliński, a lawyer practising in Warsaw. A. s, may be summarised as follows: The applicants are two businessmen running a non-...
0
dev
001-23963
ENG
AZE
ADMISSIBILITY
2,004
BABAYEV v. AZERBAIJAN
4
Inadmissible
Christos Rozakis
The applicant, Mr Hasan Babayev, is an Azerbaijani national, who was born in 1944 and lives in Baku. He was represented before the Court by Mrs L. Madatova, a lawyer practising in Baku. The facts of the case, as submitted by the applicant, may be summarised as follows. The applicant's father, before his death, owned a ...
0
dev
001-93134
ENG
SWE
ADMISSIBILITY
2,009
PLAT ROR OCH SVETS SERVICE I NORDEN AB v. SWEDEN
4
Inadmissible
Alvina Gyulumyan;Corneliu Bîrsan;Egbert Myjer;Elisabet Fura;Josep Casadevall
1. The first applicant (the applicant company) is a Swedish limited liability company, Plåt Rör och Svets Service i Norden AB. The other applicants, Mr P. Ernmark (the second applicant), Mr C. Hedberg (the third applicant), Mrs L. Brandtler (the fourth applicant) and Mrs A. Bergqvist (the fifth applicant), all of whom ...
0
dev
001-59204
ENG
AUT
CHAMBER
2,001
CASE OF BEER v. AUSTRIA
3
Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - finding of violation sufficient;Costs and expenses partial award - Convention proceedings
null
6. On 2 December 1994 the applicant filed an action with the Vienna Labour and Social Court (Arbeits- und Sozialgericht) against her employer, the General Accident Insurance Company (Allgemeine Unfallversicherungsanstalt). She requested the Court to order her employer to annul her transfer from one department of the ho...
1
dev
001-22775
ENG
SVK
ADMISSIBILITY
2,002
BENACKOVA v. SLOVAKIA
4
Inadmissible
Nicolas Bratza
The applicant, Ms Jozefína Beňačková, is a Slovakian national, who was born in 1912 and lives in Bánovce nad Bebravou. The facts of the case, as submitted by the applicant, may be summarised as follows. On 28 November 1997 the applicant filed a claim for damages with the Topoľčany District Court. She claimed compensati...
0
dev
001-103301
ENG
GBR
ADMISSIBILITY
2,011
TUCKA v. THE UNITED KINGDOM (NO. 1)
3
Inadmissible
Lech Garlicki;Ledi Bianku;Nebojša Vučinić;Nicolas Bratza;Päivi Hirvelä;Vincent A. De Gaetano
1. The applicant, Mr Paul Tucka, is a British national who was born in 1964 and lives in Evesham. 2. 3. In 2006 the applicant was arrested and charged with gross indecency. He was subsequently also charged with rape. The charge of rape related to an incident alleged to have occurred while the complainant was between te...
0
dev
001-80502
ENG
MDA
CHAMBER
2,007
CASE OF MAZEPA v. MOLDOVA
4
Violation of Art. 6-1;Violation of Art. 13;Violation of P1-1
Nicolas Bratza
5. The applicant was born in 1953 and lives in Chişinău. She is a second degree invalid. 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. The applicant owns part of a house in which her neighbour (V.) owns another part. V. re-constructed her part of the house without the prior agr...
1
dev
001-57905
ENG
ESP
CHAMBER
1,994
CASE OF LÓPEZ OSTRA v. SPAIN
2
Preliminary objection rejected (non-exhaustion);Preliminary objection rejected (victim);Violation of Art. 8;No violation of Art. 3;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings
null
6. Mrs Gregoria López Ostra, a Spanish national, lives in Lorca (Murcia). At the material time she and her husband and their two daughters had their home in the district of "Diputación del Rio, el Lugarico", a few hundred metres from the town centre. 7. The town of Lorca has a heavy concentration of leather industries....
1
dev
001-93695
ENG
TUR
CHAMBER
2,009
CASE OF GÖK AND GÜLER v. TURKEY
3
Remainder inadmissible;No violation of Art. 3 (substantive aspect);Violation of Art. 3 (procedural aspect);Violation of Art. 6-1;Violation of Art. 6-1+6-3-c;Non-pecuniary damage - award;Pecuniary damage - claim dismissed
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Mihai Poalelungi;Nicolas Bratza
4. The applicants were born in 1972 and 1975 respectively and live in Istanbul. 5. On 18 November 1995 the second applicant was arrested and taken into police custody on suspicion of membership of an illegal armed organisation, namely the PKK (Workers’ Party of Kurdistan). The first applicant was arrested and detained,...
1
dev
001-99817
ENG
CHE
GRANDCHAMBER
2,010
CASE OF NEULINGER AND SHURUK v. SWITZERLAND
1
Violation of Art. 8 (in case of enforcement of the Federal Court's judgment)
András Sajó;Anatoly Kovler;Christos Rozakis;Corneliu Bîrsan;Dean Spielmann;Egbert Myjer;Elisabet Fura;Elisabeth Steiner;Françoise Tulkens;George Nicolaou;Giorgio Malinverni;Ireneu Cabral Barreto;Isabelle Berro-Lefèvre;Jean-Paul Costa;Josep Casadevall;Nicolas Bratza;Nona Tsotsoria;Päivi Hirvelä;Peer Lorenzen;Sverre Erik...
15. The applicants were born in 1959 and 2003 respectively and live in Lausanne (Canton of Vaud). 16. The facts as submitted by the parties may be summarised as follows. 17. The first applicant, who refers to herself as Jewish, decided to settle in Israel in 1999. There she met an Israeli national, who is also Jewish, ...
1
dev
001-105084
ENG
SRB
ADMISSIBILITY
2,011
VIDAKOVIC v. SERBIA
3
Inadmissible
András Sajó;David Thór Björgvinsson;Françoise Tulkens;Giorgio Malinverni;Guido Raimondi;Paulo Pinto De Albuquerque
1. The applicant, Mr Nenad Vidaković, is a Serbian national who was born in 1956 and lives in Belgrade. 2. The relevant 3. On 21 June 2002 the applicant left his car in a repair shop, in order to have it mended. The mechanic, employed by the said shop, subsequently caused a traffic accident while driving the applicant’...
0
dev
001-83822
ENG
ROU
CHAMBER
2,007
CASE OF BEIAN v. ROMANIA [Extracts]
1
Violation of Art. 6-1;Not necessary to examine Art. 6-1 (independence and impartiality of the court);Violation of Art. 14+P1-1;Remainder inadmissible;Pecuniary and non-pecuniary damage - financial award (global)
Alvina Gyulumyan;Corneliu Bîrsan;Egbert Myjer;Elisabet Fura;Ineta Ziemele;Isabelle Berro-Lefèvre
5. The applicant was born in 1932 and lives in Sancraiu de Mureş. 6. In 1953 the applicant was called up for military service. However, because of his father’s opposition to the collectivisation of farmland, he was not allowed to undergo military training. Instead, he was assigned to a number of military units, includi...
1