EGMR: Sanatkar v. Romania (no. 74721/12)

The applicant, Hakan Sanatkar, is a Turkish national who was born in 1959 and lives in Dobroieşti, in Ilfov County (Romania). The case concerned his conditions of detention. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Thursday 16 July 2015 – Sanatkar v. Romania (no. 74721/12)

The applicant, Hakan Sanatkar, is a Turkish national who was born in 1959 and lives in Dobroieşti, in Ilfov County (Romania). The case concerns his conditions of detention and the practice of his religion in prison. Den Rest des Beitrags lesen »

EGMR: Grand Chamber hearing in a case concerning the refusal of a request for provision of a special religious public service for Alevis

The European Court of Human Rights is holding a Grand Chamber hearing in the case of Doğan and Others v. Turkey (application no. 62649/10). The applicants are 203 Turkish nationals who belong to the Alevi faith. The case concerns the rejection of the request made by the applicants, who belong to the Alevi faith, for provision of a religious public service which, they maintain, has been granted to date exclusively to the majority of citizens, who subscribe to the Sunni understanding of Islam. They contend that they have been discriminated against compared with citizens who follow the Sunni branch of Islam.  Den Rest des Beitrags lesen »

EGMR: Grand Chamber hearing in the case Doğan and Others v. Turkey (application no. 62649/10)

The applicants are 203 Turkish nationals who belong to the Alevi faith. The case concerns the rejection of the request made by the applicants, who belong to the Alevi faith, for provision of a religious public service which, they maintain, has been granted to date exclusively to the majority of citizens, who subscribe to the Sunni understanding of Islam. They contend that they have been discriminated against compared with citizens who follow the Sunni branch of Islam.  Den Rest des Beitrags lesen »

EGMR: Action for recovery of possession of a former Uniate Church place of worship – Right of access to court was respected but length of proceedings was excessive

The European Court of Human Rights delivered its Chamber judgment in the case of Greek-Catholic Parish of Lupeni and Others v. Romania (application no. 76943/11). The case concerned the restitution of places of worship belonging to the Greek-Catholic Church which were transferred to the Orthodox Church under the totalitarian regime, and more specifically the question of the application of a special law to determine the legal status of such property. The Court held, unanimously, that there had been no violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights as regards the right of access to a court and the question of legal certainty, a violation of Article 6 § 1 concerning the length of proceedings, and no violation of Article 14 (prohibition of discrimination) in conjunction with Article 6 § 1 (right of access to a court). Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Tuesday 19 May 2015 – Greek-Catholic Parish of Lupeni and Others v. Romania (no. 76943/11)

The applicants are the Greek-Catholic Parish of Lupeni (Romania), the Greek-Catholic Diocese of Lugoj (Romania) and the Greek-Catholic Archpriesthood of Lupeni. They belong to the Eastern-Rite Catholic (Greek-Catholic or Uniate) Church. The case concerns the restitution of religious sites belonging to the Greek-Catholic Church which were transferred to the Orthodox Church under the totalitarian regime, and more specifically the issue of implementing special legislation to determine the legal status of such property. Den Rest des Beitrags lesen »

EGMR: Case against Sweden concerning failed asylum seeker facing expulsion

In today’s Grand Chamber judgments in the case of W.H. v. Sweden (application no. 49341/10) concerning a failed asylum seeker facing expulsion the European Court of Human Rights held, unanimously, that it was appropriate to strike her application out of its list of cases. Den Rest des Beitrags lesen »

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EGMR: Forthcoming Grand Chamber judgment concerning failed asylum seeker in Sweden facing expulsion – W.H. v. Sweden

The European Court of Human Rights will deliver in writing a Grand Chamber judgment in the case of W.H. v. Sweden (application no. 49341/10) on 8 April 2015 at 11.00 a.m. W.H. v. Sweden concerns an asylum seeker’s threatened expulsion from Sweden to Iraq, where she alleges she would be at risk of ill-treatment as a single woman of Mandaean denomination, a vulnerable ethnic/religious minority. Den Rest des Beitrags lesen »

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EGMR: Karaahmed v. Bulgaria (no. 30587/13)

The applicant, Veli Karaahmed, is a Bulgarian national who was born in 1976 and lives in Sofia. His case concerned a demonstration by members of the Ataka political party outside the Banya Bashi Mosque in Sofia and the official investigations into this incident. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Tuesday 24 February 2015 – Karaahmed v. Bulgaria (no. 30587/13)

The applicant, Veli Karaahmed, is a Bulgarian national who was born in 1976 and lives in Sofia. His case concerns a demonstration by members of the Ataka political party outside the Banya Bashi Mosque in Sofia and the official investigations into this incident. Den Rest des Beitrags lesen »

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EGMR: Dimitrova v. Bulgaria (application no. 15452/07)

The applicant, Petya Dimitrova, is a Bulgarian national who was born in 1967 and lives in Sofia. The case concerned measures taken by the police against Ms Dimitrova on account of her activities in a religious organisation, and the civil proceedings for damages she had brought as a consequence. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Tuesday 10 February 2015 – Dimitrova v. Bulgaria (application no. 15452/07)

The applicant, Petya Dimitrova, is a Bulgarian national who was born in 1967 and lives in Sofia. The case concerns measures taken by the police against Ms Dimitrova on account of her activities in a religious organisation, and the civil proceedings for damages she brought as a consequence. Den Rest des Beitrags lesen »

EGMR: Grand Chamber hearing concerning an Iranian national converted to Christianity in Sweden who is to be expelled to his country of origin

The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 3 December 2014 at 9.15 a.m. in the case of F.G. v. Sweden (application no. 43611/11). The case concerns the refusal of asylum to an Iranian national who alleges that, if expelled to Iran, he would be at a real risk of being persecuted and punished or sentenced to death. The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site (www.echr.coe.int). After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage. Den Rest des Beitrags lesen »

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EGMR: Criminal conviction of participants in a religious service organized in memory of deceased members of the PKK terrorist organization infringed the Convention

In today’s Chamber judgment in the case of Güler and Uğur v. Turkey (applications nos. 31706/10 and 33088/10) the European Court of Human Rights held, by a majority, that there had been a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the applicants’ conviction for propaganda promoting a terrorist organization on account of their participation in a religious service organized on the premises of a political party in memory of three members of an illegal organization (the PKK) who had been killed by security forces. The Court found that the interference with the applicants’ freedom of religion on account of that conviction had not been “prescribed by law” in so far as the domestic-law provision on which it had been based had not met the requirements of clarity and foreseeability. Den Rest des Beitrags lesen »

EGMR: Denying the Alevi community exemption from electricity bills – granted to places of worship – was discriminatory

In today’s Chamber judgment in the case of Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfi v. Turkey (application no. 32093/10) the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) taken together with Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the possibility under Turkish law for places of worship to be granted an exemption from paying electricity bills and the refusal to grant this privilege to the applicant foundation. The Court found in particular that the applicant foundation had sustained a difference in treatment without any objective or reasonable justification, and that the system for granting exemptions from payment of electricity bills for places of worship under Turkish law entailed discrimination on the ground of religion. Den Rest des Beitrags lesen »

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EGMR: Forthcoming hearing on 3 December 2014 at 9.15 a.m.: Grand Chamber hearing in the case F.G. v. Sweden (application no. 43611/11)

The applicant, F.G., is an Iranian national who was born in 1962 and is currently in Sweden. He arrived in Sweden in November 2009 claiming asylum. In his initial request for asylum he submitted that he had been politically active against the Iranian regime. He also mentioned that he had converted to Christianity after coming to Sweden but didn’t wish to rely on it as an asylum ground, either before the Migration Board or, on appeal, before the Migration Court, since he considered it a personal matter. Having been refused asylum on political grounds, F.G. requested a stay on his deportation order, relying on his conversion to Christianity as a new circumstance to be taken into consideration. His request was refused by the authorities in a decision which was eventually upheld in November 2011, on the ground that his conversion was not a “new circumstance” which could justify a reexamination of the proceedings. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on 2 December 2014 – Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfı v. Turkey (no. 32093/10)

The applicant association, Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfı (Foundation for Republican Education and Culture, hereafter “the Foundation”), is a foundation established under Turkish law, which was set up in 1995 and has charitable status. In this case, the foundation complains about the refusal to exempt it from paying its electricity bills, arguing that national legislation provides for such an exemption for places of worship. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Tuesday 2 December 2014 – Güler and Uğur v. Turkey (nos. 31706/10 and 33088/10)

The applicants, İhsan Güler and Sinan Uğur, are Turkish nationals who were born in 1964 and 1947 respectively and live in Ankara and İzmir (Turkey). The case concerns the applicants’ conviction in 2008 to ten months’ imprisonment for propaganda in favour of a terrorist organization, on account of their participation in a religious service organized in the premises of the Party for a Democratic Society (DTP) in memory of three individuals, members of the PKK (Workers’ Party of Kurdistan, an illegal armed organization), who had been killed by the security forces. Den Rest des Beitrags lesen »

EGMR: Islam-Ittihad Association and Others v. Azerbaijan (application no. 5548/05)

The applicants are the Islam-Ittihad Association, an NGO with headquarters in Baku, which was active between 1991 and 2003, and Azer Samadov and Ilgar Allahverdiyev, Azerbaijani nationals who were born in 1961 and 1973 respectively and live in Baku. They were the association’s chairman and a member of its management board, respectively. The association’s main activities included the repair and maintenance of mosques, and it engaged in projects aimed at promoting respect for human rights and in a number of humanitarian activities. The case concerned the association’s forced dissolution, which had been ordered by a district court in 2003 in proceedings brought by the Ministry of Justice. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on 13 November 2014 – Islam-Ittihad Association and Others v. Azerbaijan (application no. 5548/05)

The applicants are the Islam-Ittihad Association, an NGO with headquarters in Baku, which was active between 1991 and 2003, and Azer Samadov and Ilgar Allahverdiyev, Azerbaijani nationals who were born in 1961 and 1973 respectively and live in Baku. They were the association’s chairman and a member of its management board, respectively. The association’s main activities included the repair and maintenance of mosques, and it engaged in projects aimed at promoting respect for human rights and in a number of humanitarian activities. The case concerns the association’s forced dissolution, which was ordered by a district court in 2003 in proceedings brought by the Ministry of Justice. Den Rest des Beitrags lesen »

EGMR: A company’s inability to challenge the Roman Catholic Church’s entry in the land register relating to property previously registered by the company violated its ownership rights

In today’s Chamber judgment in the case of Sociedad Anónima del Ucieza v. Spain (application no. 38963/08) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 of the European Convention on Human Rights, and held by a majority, that there had been a violation of Article 1 of Protocol No. 1 to the Convention. The case concerned a dispute over ownership of a medieval church between the applicant company, which had purchased and registered in the land register a plot of land in which the church had formed an enclave, and the Diocese of Palencia, which had registered the same church in its own name in the land register sixteen years later. The applicant company therefore considered that it had been unfairly deprived of part of its property for no reason of public interest and without any compensation. Den Rest des Beitrags lesen »

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EGMR: Potomska and Potomski v. Poland (no. 33949/05)

The applicants, Zygmunt Potomski, and his wife, Zofia Potomska, are two Polish nationals who were born in 1937 and 1939 respectively and live in Darłowo (Poland). The case concerned their complaint that they had been prevented from developing land in Rusko which they had bought from the State in 1974 because the authorities subsequently decided to list the property, formerly a Jewish cemetery, in the register of historic monuments. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Tuesday 4 November 2014 – Potomska and Potomski v. Poland (no. 33949/05)

The applicants, Zygmunt Potomski, and his wife, Zofia Potomska, are two Polish nationals who were born in 1937 and 1939 respectively and live in Darłowo (Poland). The case concerns their complaint that they were prevented from developing land in Rusko which they had bought from the State in 1974 because the authorities subsequently decided to list the property, formerly a Jewish cemetery, in the register of historic monuments. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Tuesday 4 November 2014 – Sociedad Anónima del Ucieza v. Spain (no. 38963/08)

The applicant company, Sociedad Anónima del Ucieza, is a limited company founded in 1978 under Spanish law, based in Ribas de Campos (Palencia). The case concerns the company’s ownership claim over religious buildings on a plot of land which had formerly belonged to the Catholic Church and which the company purchased at a public auction. Den Rest des Beitrags lesen »

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EGMR: Public prosecutor breached a clergyman’s right to be presumed innocent by declaring him guilty in a decision discontinuing time-barred proceedings

In today’s Chamber judgment in the case of Peltereau-Villeneuve v. Switzerland (application no. 60101/09) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights. The case concerned an alleged breach of the right to be presumed innocent on account of terms used by the public prosecutor in a discontinuance decision finding that criminal proceedings for sexual abuse were time-barred. Den Rest des Beitrags lesen »

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