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Monday, 18 October 2010

18 -22 October: View From The Court

Gay rights, a protest against inhuman and degrading treatment, the disclosure of intimate relationships during a professional disciplinary investigation and the fairness of preventive custody come before the European Court of Human Rights this week.


Kurkaev v. Turkey (no. 10424/05)

The applicant, Ruslan Kurkaev, is a Russian national who was born in 1983. Fearing for his life, he left Chechnya in August 2000 and went to Istanbul, where he now lives. Mr Kurkaev complains that his arrest by the police anti-terrorist branch in June 2004 during the NATO summit in Istanbul was unlawful and that his ensuing detention lacked adequate judicial review. He relies on Article 5 §§ 1 and 4 (right to liberty and security). Further relying on Article 3 (prohibition of inhuman or degrading treatment), he also complains about his detention in the Foreigners’ Department of the Istanbul Security Headquarters for 91 days in an overcrowded cell with no windows, beds or access to fresh air or possibility to exercise.

Özpınar v. Turkey (no. 20999/04)

The applicant, Arzu Özpinar, is a Turkish national who was born in 1972 and lives in Ankara. She was removed from office as a judge by a decision of the Supreme Council of the Judiciary following a disciplinary investigation concerning, among other subjects, her alleged close relationships with several men, her appearance and her repeated lateness for work. Relying, in particular, on Article 8 (right to respect for private and family life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination), she complains of the action taken against her.

Grosskopf v. Germany (no. 24478/03)

The applicant, Ekkehard Alexander Grosskopf, is a German national who was born in 1945. Having served a sentence of seven years’ imprisonment for attempted burglary as a member of a gang and considered to be a danger to the public on account of his numerous previous convictions, he is currently in preventive detention in Aachen (Germany). Relying on Article 5 § 1 (right to liberty and security), Mr Grosskopf complains in particular about his placement in preventive detention since February 2002.

Alekseyev v. Russia (nos. 4916/07, 25924/08 and 14599/09)

The applicant, Nikolay Alekseyev, is a Russian national who was born in 1977 and lives in Moscow. He is a gay rights activist. The case concerns his complaint about the authorities’ repeated ban on Gay Pride marches he organised in 2006, 2007 and 2008 in Moscow. He relies on Articles 11 (freedom of assembly and association) and 13 (right to an effective remedy). He also alleges that the reason for the ban was official disapproval of the Gay Pride participants’ sexual orientation, in breach of Article 14 (prohibition of discrimination).

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