Tag Archive for 'ECHR'

ECtHR Rules on the Detention of Yuliya Tymoshenko

The European Court of Human Rights (ECtHR) issued its judgment in the Tymoshenko v Ukraine. The case concerned the detention of the former Ukrainian Prime Minister Yuliya Tymoshenko. The ECtHR found her detention to be “arbitrary and unlawful” constituting a violation of Article 5(1) of the European Convention on Human Rights (ECHR) which guarantees right [...]

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ECHR: Grand Chamber Hearing Concerning Investigation into Katyń Massacre

The European Court of Human Rights (ECHR) will be holding a hearing in the case of Janowiec and Others v. Russia on 13 February 2013. The case concerns complaints about the adequacy of the investigation by the Russian authorities into the 1940 Katyń massacre. The applicants are 15 Polish nationals who are relatives of 12 [...]

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Abu Qatada Wins Appeal Against Deportation

Abu Qatada today won his appeal under Article 6 of the European Convention on Human Rights at the UK Special Immigration Appeals Commission (SIAC) and has been released on bail from prison subject to curfew and tagging conditions. Mr Justice Mitting upheld his appeal and accepted that he would not receive a fair trial in [...]

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Is There a Path From The Hague to Strasbourg?

ECHR: Djokaba Lambi Longa against the Netherlands Whilst there might be little side-roads between the two judicial cites, the European Court of Human Rights has certainly built large jurisdictional stumbling blocks. The Djokaba Lambi Longa Decision is part of what may be characterized as the great jurisdictional reluctance of the Strasbourg Court to look into [...]

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ECtHR Chamber relinquishes jurisdiction to Grand Chamber in BiH State Court Cases

The ECtHR Chamber examining the cases of Maktouf and Damjanovic v. Bosnia and Herzegovina (Nos. 2312/08 & 34179/08) has relinquished jurisdiction in favour of the Grand Chamber. The applicants in these cases are Mr Abduladhim Maktouf, an Iraqi, and Mr Goran Damjanović, a citizen of Bosnia and Herzegovina. Both were convicted by the Court of [...]

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Adoption of the Brighton Declaration on ECtHR reform

The Brighton Declaration concerning reform of the European Court of Human Rights (ECtHR) has been formally adopted yesterday by all 47 members’ states of the Council of Europe. The 2-day conference was organized as part of the United Kingdom’s 6-month chairmanship of the Council of Europe’s Committee of Ministers. Following on from similar events held [...]

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For Those Considering whether to Marry a Potential Criminal (or Go for a De Facto Union instead)

The Grand Chamber of the European Court of Human Rights issued its judgement in the case of Van deer Heijden v The Netherlands (appl. no. 42857/05). The case concerned a Dutch woman who had been summoned to testify in a murder trial against her long-standing partner. They had been cohabiting for 18 years and had [...]

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