Key cases 2019 - European Court of Human Rights · 2020-01-24 · Nicolae Virgiliu Tănase v. Romania [GC], no. 41720/13, 25 June 2019 Judgment | Legal summary RESPECT FOR FAMILY

List of cases recommended by the Jurisconsult and

approved by the Bureau

European Court of Human Rights

January 2020

KEY CASES2019

NOTE ON CITATION

Cases are listed by reference to the relevant Convention Articles and 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.)”.

Chamber judgments that are not yet “final” within the meaning of Article 44 of the Convention are marked “(not final)”. In the event that any such judgment is accepted for referral to the Grand Chamber in accord-ance with Article 43, it will not be included in the present list.

For information on the manner of citing the Court’s case-law, please see here.

Article 44 § 2

The judgment of a Chamber shall become final

(a) when the parties declare that they will not request that the case be referred to the Grand Chamber; or

(b) three months after the date of the judgment, if reference of the case to the Grand Chamber has not been requested; or

(c) when the panel of the Grand Chamber rejects the request to refer under Article 43.

Article 43

1. Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber.

2. A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the Protocols thereto, or a serious issue of general importance.

3. If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.

https://www.echr.coe.int/Documents/Note_citation_ENG.pdf

Contents

CASES BY ARTICLE 4

CASES BY APPLICANT 9

CASES BY STATE 11

4 Key cases 2019 Cases by Article

Cases by Article

ARTICLE 2LIFE | POSITIVE OBLIGATIONS (substantive aspect)

Suicide of a mentally ill man voluntarily admitted to State psychi-atric hospital for treatment after suicide attempt: no violation

Fernandes de Oliveira v. Portugal [GC], 78103/14, 31 January 2019Judgment | Legal summary

EFFECTIVE INVESTIGATION

Alleged failure to conduct effective investigation into road-traf-fic accident in which an individual sustained unintentional life-threatening injuries: Article 2 applicable; no violation

Nicolae Virgiliu Tănase v. Romania [GC], no. 41720/13, 25 June 2019Judgment | Legal summary

EFFECTIVE INVESTIGATION | POSITIVE OBLIGATIONS (procedural aspect)

Cyprus’ refusal to waive its criminal jurisdiction in favour of the “TRNC” courts: no violation

Failure of Turkey to cooperate with Cyprus in murder investigation: violation

Güzelyurtlu and Others v. Cyprus and Turkey [GC], no. 36925/07, 29 January 2019Judgment | Legal summary

Scope of a State’s procedural obligation to co-operate with another State investigating a murder committed within the latter’s jurisdiction: violation

Romeo Castaño v. Belgium, no. 8351/17, 9 July 2019Judgment | Legal summary

Osman v. the United Kingdom principles applied in a kidnapping context: violation

Olewnik-Cieplińska and Olewnik v. Poland, no. 20147/15, 5 September 2019Judgment | Legal summary

ARTICLE 3INHUMAN OR DEGRADING TREATMENT

Reducibility of a whole-life prison sentence imposed for leadership of a Mafia organisation depended on cooperation with the police: violation

Marcello Viola v. Italy (no. 2), no. 77633/16, 13 June 2019Judgment | Legal summary

http://hudoc.echr.coe.int/eng?i=001-189426






http://hudoc.echr.coe.int/fre?i=001-194618






Key cases 2019 Cases by Article 5

INHUMAN OR DEGRADING TREATMENT

Alleged failure to conduct effective investigation into road- traffic accident in which an individual sustained uninten-tional life-threatening injuries: Article 3 not applicable

Nicolae Virgiliu Tănase v. Romania [GC], no. 41720/13, 25 June 2019

Judgment | Legal summary

DEGRADING TREATMENT

Precarious living conditions of unaccompanied foreign minor in a shanty town and failure to execute judicial placement order: violation

Khan v. France, no. 12267/16, 28 February 2019


EXPULSION

Short-term confinement of asylum seekers in a land border tran-sit zone and subsequent removal to a third country presumed safe, without examining their asylum claims on the merits

Ilias and Ahmed v. Hungary [GC], no. 47287/15, 21 November 2019


ARTICLE 5Article 5 § 1

PERSONS OF UNSOUND MIND

Obligation of means in overcoming a linguistic obstacle to treatment of the mental disorders suffered by an individ-ual in compulsory confinement: violation; no violation

Rooman v. Belgium [GC], no. 18052/11, 31 January 2019


DEPRIVATION OF LIBERTY

Whether the confinement of foreigners in an airport tran-sit zone amounted to a deprivation of their liberty

Z.A. and Others v. Russia [GC], nos. 61411/15 and 3 others, 21 November 2019


ARTICLE 6Article 6 § 1 (civil)

ORAL HEARING

Proceedings brought by prison authorities, requesting pres-ence of official during prisoner’s consultations with lawyer, held without oral hearing or seeking submissions: violation












Altay v. Turkey (no. 2), no. 11236/09, 9 April 2019Judgment | Legal summary

Article 6 § 3 (b)ADEQUATE FACILITIES

Defence denied access to mass of data and involvement in its electronic sifting by prosecution when gathering rel-evant information for investigation: no violation

Sigurður Einarsson and Others v. Iceland, no. 39757/15, 4 June 2019Judgment | Legal summary

ARTICLE 8RESPECT FOR PRIVATE LIFE

Order to provide genetic sample in context of pater-nity proceedings: no violation

Mifsud v. Malta, no. 62257/15, 29 January 2019Judgment | Legal summary

RESPECT FOR PRIVATE LIFE

Power of border control officials to stop and question with-out suspicion or access to lawyer: violation

Beghal v. the United Kingdom, no. 4755/16, 28 February 2019Judgment | Legal summary


Official present during consultations between prisoner and his lawyer: violation



Advisory opinion concerning the recognition in domestic law of a legal parent-child relationship between a child born through a gesta-tional surrogacy arrangement abroad and the intended mother

Advisory opinion requested by the French Court of Cassation [GC], request no. P16-2018-001, 10 April 2019Opinion | Legal summary


Alleged failure to conduct effective investigation into road-traf-fic accident in which an individual sustained unintentional life-threatening injuries: Article 8 not applicable


RESPECT FOR FAMILY LIFE

An employee’s right to respect for private life in the workplace and the limits of the employer’s right to conduct video-surveillance











http://hudoc.echr.coe.int/eng?i=003-6380464-8364383




Key cases 2019 Cases by Article 7

López Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, 17 October 2019


RESPECT FOR FAMILY LIFE

Shortcomings in the decision-making process resulting in adop-tion of a vulnerable child by foster parents: violation

Strand Lobben and Others v. Norway [GC], no. 37283/13, 10 September 2019


Refusal to allow a prisoner convicted of terrorist offences to leave prison under escort to pay her respects to her late father: no violation

Guimon v. France, no. 48798/14, 11 April 2019


ARTICLE 13RIGHT TO AN EFFECTIVE REMEDY

Relationship between preventive and compensatory remedies for conditions of detention which breach Article 3 of the Convention

Ulemek v. Croatia, no. 21613/16, 31 October 2019 (not final)


ARTICLE 14PROHIBITION OF DISCRIMINATION

The test to be applied as regards the justification for a measure of social and economic policy (“very weighty rea-sons” or “manifestly without reasonable foundation”)

J.D. and A v. the United Kingdom, nos. 32949/17 and 34614/17, 24 October 2019 (not final)


ARTICLE 37STRIKING OUT APPLICATIONS

Unilateral declarations containing no undertaking to reopen investigation in cases where such reopening was de jure or de facto impossible: struck out

Taşdemir v. Turkey, no. 52538/09, 12 March 2019 Kutlu and Others v. Turkey, no. 18357/11, 12 March 2019 Karaca v. Turkey, no. 5809/13, 12 March 2019

Legal summary

ARTICLE 41JUST SATISFACTION

Quantification and identification of victims eligible for compensa-tion in respect of non-pecuniary damage in an inter-State case
















Georgia v. Russia (I) (just satisfaction) [GC], no. 13255/07, 29 January 2019Judgment | Legal summary

ARTICLE 46 Article 46 § 4

INFRINGEMENT PROCEEDINGS

Infringement proceedings against Azerbaijan for failure to abide by final judgment of the European Court: violation

Ilgar Mammadov v. Azerbaijan [GC], no. 15172/13, 29 May 2019Judgment | Legal summary

ARTICLE 4 OF PROTOCOL No. 7RIGHT NOT TO BE TRIED OR PUNISHED TWICE

Criteria for determining whether a decision constitutes an “acquit-tal” or a “conviction” and whether it is “final”: violation

Mihalache v. Romania [GC], no. 54012/10, 8 July 2019Judgment | Legal summary







Key cases 2019 Cases by applicant 9

Cases by applicant

AAdvisory opinion requested by the French Court of Cassation, request no. P16-2018-001, 10 April 2019Opinion | Legal summary


BBeghal v. the United Kingdom, no. 4755/16, 28 February 2019Judgment | Legal summary

FFernandes de Oliveira v. Portugal [GC], 78103/14, 31 January 2019Judgment | Legal summary

GGeorgia v. Russia (I) (just satisfaction) [GC], no. 13255/07, 29 January 2019Judgment | Legal summary

Guimon v. France, no. 48798/14, 11 April 2019Judgment | Legal summary


IIlgar Mammadov v. Azerbaijan [GC], no. 15172/13, 29 May 2019Judgment | Legal summary

Ilias and Ahmed v. Hungary [GC], no. 47287/15, 21 November 2019Judgment | Legal summary

JJ.D. and A v. the United Kingdom, nos. 32949/17 and 34614/17, 24 October 2019 (not final)Judgment | Legal summary

KKaraca v. Turkey, no. 5809/13, 12 March 2019Decision | Legal summary

Khan v. France, no. 12267/16, 28 February 2019Judgment | Legal summary

Kutlu and Others v. Turkey, no. 18357/11, 12 March 2019 Decision | Legal summary

LLópez Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, 17 October 2019Judgment | Legal summary

MMarcello Viola v. Italy (no. 2), no. 77633/16, 13 June 2019Judgment | Legal summary

Mifsud v. Malta, no. 62257/15, 29 January 2019Judgment | Legal summary

Mihalache v. Romania [GC], no. 54012/10, 8 July 2019Judgment | Legal summary

NNicolae Virgiliu Tănase v. Romania [GC], no. 41720/13, 25 June 2019Judgment | Legal summary

OOlewnik-Cieplińska and Olewnik v. Poland, no. 20147/15, 5 September 2019 Judgment | Legal summary

RRooman v. Belgium [GC], no. 18052/11, 31 January 2019Judgment | Legal summary









































10 Key cases 2019 Cases by applicant


SSigurður Einarsson and Others v. Iceland, no. 39757/15, 4 June 2019Judgment | Legal summary

Strand Lobben and Others v. Norway [GC], no. 37283/13, 10 September 2019Judgment | Legal summary

TTaşdemir v. Turkey, no. 52538/09, 12 March 2019Decision | Legal summary

UUlemek v. Croatia, no. 21613/16, 31 October 2019 (not final)Judgment | Legal summary

ZZ.A. and Others v. Russia [GC], nos. 61411/15 and 3 others, 21 November 2019Judgment | Legal summary













Key cases 2019 Cases by State 11

Cases by State

AZERBAIJANIlgar Mammadov v. Azerbaijan [GC], no. 15172/13, 29 May 2019Judgment | Legal summary

BELGIUMRooman v. Belgium [GC], no. 18052/11, 31 January 2019Judgment | Legal summary


CROATIAUlemek v. Croatia, no. 21613/16, 31 October 2019 (not final)Judgment | Legal summary

CYPRUSGüzelyurtlu and Others v. Cyprus and Turkey [GC], no. 36925/07, 29 January 2019Judgment | Legal summary

FRANCEAdvisory opinion requested by the French Court of Cassation, request no. P16-2018-001, 10 April 2019Opinion | Legal summary

Guimon v. France, no. 48798/14, 11 April 2019Judgment | Legal summary

Khan v. France, no. 12267/16, 28 February 2019Judgment | Legal summary

HUNGARYIlias and Ahmed v. Hungary [GC], no. 47287/15, 21 November 2019Judgment | Legal summary

ICELANDSigurður Einarsson and Others v. Iceland, no. 39757/15, 4 June 2019Judgment | Legal summary

ITALYMarcello Viola v. Italy (no. 2), no. 77633/16, 13 June 2019Judgment | Legal summary

MALTAMifsud v. Malta, no. 62257/15, 29 January 2019Judgment | Legal summary

NORWAYStrand Lobben and Others v. Norway [GC], no. 37283/13, 10 September 2019Judgment | Legal summary

POLANDOlewnik-Cieplińska and Olewnik v. Poland, no. 20147/15, 5 September 2019Judgment | Legal summary

PORTUGALFernandes de Oliveira v. Portugal [GC], 78103/14, 31 January 2019Judgment | Legal summary

ROMANIAMihalache v. Romania [GC], no. 54012/10, 8 July 2019Judgment | Legal summary




































12 Key cases 2019 Cases by State

RUSSIAGeorgia v. Russia (I) (just satisfaction) [GC], no. 13255/07, 29 January 2019Judgment | Legal summary

Z.A. and Others v. Russia [GC], nos. 61411/15 and 3 others, 21 November 2019Judgment | Legal summary

SPAINLópez Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, 17 October 2019Judgment | Legal summary

TURKEYAltay v. Turkey (no. 2), no. 11236/09, 9 April 2019Judgment | Legal summary


Karaca v. Turkey, no. 5809/13, 12 March 2019Decision | Legal summary

Kutlu and Others v. Turkey, no. 18357/11, 12 March 2019 Decision | Legal summary

Taşdemir v. Turkey, no. 52538/09, 12 March 2019Decision | Legal summary

UNITED KINGDOMBeghal v. the United Kingdom, no. 4755/16, 28 February 2019Judgment | Legal summary

J.D. and A v. the United Kingdom, nos. 32949/17 and 34614/17, 24 October 2019 (not final)Judgment | Legal summary



















