ECHR: Croatian Authorities Discriminated Against Reformist Churches

A complaint of religious discrimination by Reformist churches in Croatia has been upheld by judges at the European Court of Human Rights.

In today’s Chamber judgment in the case Savez Crkava Riječ Života and Others v. Croatia (application no. 7798/08), which is not final , the European Court of Human Rights held, unanimously, that there had been:


A violation of Article 9 (freedom of thought, conscience and religion) in conjunction with Article 14 (prohibition of discrimination) of the European Convention on Human Rights

Human Rights At The Heart Of Christmas

Lilian Thuram

As the European Convention on Human Rights celebrates its 60th anniversary, the Council of Europe and the City of Strasbourg have placed the spotlight on human rights at this year's internationally famous Christmas Market.

Judges Back Portuguese Newspaper After Football Dispute With Sporting

A judgement ordering the newspaper Público and four staff to pay 75,000 euros to Sporting Clube de Portugal for defamation breached the right of free expression, European judges have declared.

Judges Back Polish Buddhist In Prison Human Rights Breach

A Buddhist has won €3000 after European Court of Human Rights judges ruled that Polish prison authorities violated his human rights.


In a Chamber judgment today in the case Jakóbski v. Poland (application no. 18429/06), which is not final , the Court held, unanimously, that there had been

A violation of Article 9 (freedom of religion) of the European Convention on Human Rights.

The case concerned the authorities’ refusal to provide a detainee with a meat-free diet in prison, contrary to the dietary rules of his faith.

Data Protection, Citizens' Rights And The Council Of Europe

Personal data protection is emerging as a key concern for Europeans as everyday life becomes increasingly intertwined with social networks and cloud computing.

ECHR Backs French Company In Property Row With Armed And Violent Man

A French company denied police assistance to evict the armed and violent former owner of one of its properties has been awarded more than €11,500 in costs and damages.


The decision by judges at the European Court of Human Rights was made known on 2 December.

Parliamentary Assembly: Albania's Court Defiance "Unacceptable"

A decision by Albania to defy the European Court of Human Rights on an extradition case is “unacceptable” to the Council of Europe’s Parliamentary Assembly.

Its Rapporteur David Darchiashvili has expressed deep concern at the extradition of Almir Rrapo to the United States last week (24 November) which ignored a binding interim measure from the Court.

ECHR Says Russia Responsible for Disappearance and Presumed Death A Chechen Man

In a 2 December Chamber judgment in the case Dzhabirailova and Dzhabrailova v. Russia (application no. 15563/06), which is not final , the European Court of Human Rights held, unanimously, that there had been human rights violations.


The case concerned the applicants’ allegation that Isa Aytamirov was abducted and killed by Russian servicemen during an unacknowledged security operation in February 2003 in Grozny.

Greece Ordered To Pay 4.2 million Euros For Property Rights Infringements

In 2 December Chamber judgments in the cases of Anonymos Touristiki Etairia Xenodocheia Kritis v. Greece (application no. 35332/05) and Theodoraki and Others v. Greece (no. 9368/06), which are not final, the European Court of Human Rights unanimously awarded a total of 4,220,000 euros (EUR) for pecuniary damage, plus sums for costs and expenses.

Bulgarians Win Court Backing After Brewery Nationalisation

Three Bulgarian men have won the support of the European Court of Human Rights in their claims to shares from a Plovdiv brewery nationalised in 1947.


The case (Putter v. Bulgaria - no. 38780/02) was brought by Paul, Victor and Johannes Putter, are successors to shareholders of the brewery.

Court Rules On Austrian Refusal To Allow Gay Marriage

A five-judge panel of the Grand Chamber of the European Court of Human Rights has rejected the referral request relating to the case of Schalk and Kopf v. Austria (application no. 30141/04) submitted by the applicants.

The Court’s Chamber judgment of 24 June 2010 has thereby become final (Article 44 of the European Convention on Human Rights).

Extra-Judicial Killings In Chechnya

In its judgment delivered today in the case Amuyeva and Others v. Russia (application no. 17321/06), which is not final , the European Court of Human Rights held, unanimously, that there had been:

Four violations of Article 2 (right to life: killings) of the European Convention on Human Rights

Four violations of Article 2 (right to life: lack of effective investigation)

A violation of Article 13 (right to an effective remedy) in respect of the violations of Article 2

The case concerned the extra-judicial execution of the applicants’ four relatives by the military.

ECHR To Hear Jehovah’s Witness Complaint Against Armenia

Judges at the European Court of Human Rights will today hear arguments in a freedom of religion and conscience complaint brought by a Jehovah’s Witness against Armenia.

Bayatyan v. Armenia (Application no. 23459/03)

Vahan Bayatyan is an Armenian national, born in 1983. He is a Jehovah’s Witness. The case concerns his criminal conviction for refusal to perform military service for conscientious reasons.

Prisoner Wins €17,000 Damages After Turkey Human Rights Breach

On 23 November, the European Court of Human Rights gave written notice of its judgement in the case of Akalın v. Turkey (no. 23480/06)

The applicant, Nuri Akalın, is a Turkish national who was born in 1977 and is currently detained in Kandıra Prison (Turkey). Arrested in 1997 on suspicion of being a member of an illegal organisation, he was convicted in 2002 by a state security court of attempting to undermine the constitutional order under the criminal code in force at the time.

18 November: View From The Court

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On 18 November, the European Court of Human Rights made known its decision in the following complaints. 

 

Baudoin v. France (no. 35935/03)*

The applicant, Claude Baudoin, is a French national who was born in 1945 and is currently confined in the difficult patients’ unit at Plouguernével Specialist Hospital (France). In 1975 he was sentenced to 20 years’ imprisonment for murder and attempted murder. In 1983 he was compulsorily admitted to hospital on account of his psychiatric problems and violent conduct; since then, he has been in hospital on an almost uninterrupted basis. He submitted that his continued involuntary confinement had been in breach of Article 5 §§ 1 (e) and 4 (right to liberty and security) of the European Convention on Human Rights.

Violation of Article 5 § 1 (e)

Two violations of Article 5 § 4

Just satisfaction: EUR 20,000 (non-pecuniary damage) and EUR 3,000 (costs and expenses)

Assembly Committee Demands Swifter ECHR Commitment From Nine European Nations

Nine Council of Europe member states have been urged to respond more quickly to European Court of Human Rights judgments to prevent repeat violations.

The Parliamentary Assembly’s Legal Affairs Committee has identified Bulgaria, Greece, Italy, Moldova, Poland, Romania, the Russian Federation, Turkey and Ukraine as countries with “major structural problems.”

Thorbjørn Jagland Warns Europe Against ECHR Defiance On Iraqi Returns

Secretary General Thorbjørn Jagland has warned Council of Europe member states preparing to return Iraqi citizens to Iraq not to violate a European Court of Human Rights decision.

Couple Wins €190,000 From Portugal After Human Rights Breach

Two former owners of expropriated land in Portugal who complained that their court fees were more than the compensation they received have won the backing of Europe’s top judges.


In today’s Grand Chamber judgment in the case Perdigão v. Portugal (application no 24768/06), which is final , the European Court of Human Rights held, by fourteen votes to three, that there had been:

A violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights.

The Court held, by 14 votes to three, that Portugal was to pay the applicants EUR 190,000 in respect of pecuniary and non-pecuniary damage.

ECHR Backs Husband And Wife In Surname Dispute With Switzerland

A Swiss man and wife unable to keep their own surnames after marriage have been awarded €14,500 in damages and costs after European Court of Human Rights judges upheld their complaint.

Losonci Rose and Rose v. Switzerland (application no. 664/06)

In today’s Chamber judgment in the case of Losonci Rose and Rose v. Switzerland (application no. 664/06), which is not final, the European Court of Human Rights held, unanimously, that there had been:


A violation of Article 14 (prohibition of discrimination) read in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The case concerns the inability of a husband and wife to keep their own surnames after marriage.

View From The Court: Thursday 18 November 2010

Tunnel Report Limited v. France (no. 27940/07)



The applicant, Tunnel Report Limited, is a United Kingdom company based in Cardiff (United Kingdom), with its head office in Farnborough (United Kingdom). It states that it is the successor of another company, Combined Transport Limited (CTL), whose object was the organisation of “piggyback” transport (combined rail/road transport) between the United Kingdom and the continent via the Channel Tunnel. CTL’s activities declined significantly when in 2001 the French National Railway Company (SNCF) reduced the level of rail traffic through the tunnel, citing force majeure, namely the security problems created by the illegal immigrants detained at the Sangatte holding centre, large numbers of whom were attempting to climb on board freight trains travelling to the United Kingdom.