In today’s Chamber judgment in the case of K.A.B. v. Sweden (application no. 886/11), which is not final, the European Court of Human Rights held, by five votes to two, that there would be no violation of Article 2 (right to life) or Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the applicant were returned to Somalia. The case addresses the prevailing security situation in Mogadishu (Somalia). It concerned a Somali national, originally from Mogadishu, who alleged that his deportation from Sweden to Somalia would put him at real risk of being killed or subjected to ill-treatment. Den Rest des Beitrags lesen »
EGMR: Somali man would not be at risk due to current security situation in Mogadishu if deported from Sweden
5. September 2013 — Dr. Georg NeureitherEGMR: Forthcoming judgment on Thursday 5 September 2013 – K.A.B. v. Sweden (no. 886/11)
27. August 2013 — Dr. Georg NeureitherThe applicant, K.A.B., is a Somali national who was born in 1960. He entered Sweden and requested asylum in April 2009, claiming that he had been threatened in Somalia by an Islamist group and that, if returned there, he would risk serious assault by that group. Den Rest des Beitrags lesen »
EGMR: Refusal to register a trade union for priests on account of the autonomy of religious communities – Păstorul cel Bun
9. Juli 2013 — Dr. Georg NeureitherIn today’s Grand Chamber judgment in the case of Sindicatul “Păstorul cel Bun” v. Romania (application no. 2330/09), which is final, the European Court of Human Rights held, by a majority, that there had been no violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights. The case concerned the refusal by the Romanian State of an application for registration of a trade union formed by priests of the Romanian Orthodox Church. Den Rest des Beitrags lesen »
EGMR: Forthcoming Grand Chamber judgment – Păstorul cel Bun
2. Juli 2013 — Dr. Georg NeureitherThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Sindicatul ‘Păstorul cel Bun’ v. Romania (application no. 2330/09) at a public hearing on 9 July 2013 at 11 a.m. – local time – in the Human Rights Building, Strasbourg. The case concerns a union set up by members of the clergy and lay members of the Orthodox Church, and the refusal to register it as a trade union. Den Rest des Beitrags lesen »
EGMR: Deportation of failed asylum seekers originally from cities in northern Iraq would not breach their human rights as they could relocate to other regions
27. Juni 2013 — Dr. Georg NeureitherIn today’s Chamber judgments in the cases of A.G.A.M., D.N.M., M.K.N., M.Y.H. and Others, N.A.N.S., N.M.B., N.M.Y. and Others and S.A. v. Sweden (application nos. 71680/10, 28379/11, 72413/10, 50859/10, 68411/10, 68335/10, 72686/10 and 66523/10), which are not final, the European Court of Human Rights held, by five votes to two, that: the applicants’ deportation to Iraq would not be in violation of Article 2 (right to life) and/or Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights. All eight cases concerned the deportation of failed asylum-seekers, originally from Baghdad, Mosul and Kirkuk, to Iraq. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 27 June 2013
19. Juni 2013 — Dr. Georg NeureitherAll eight cases (A.G.A.M. v. Sweden – no. 71680/10, D.N.M. v. Sweden – no. 28379/11, M.K.N. v. Sweden – no. 72413/10, M.Y.H. and Others v. Sweden – no. 50859/10, N.A.N.S. v. Sweden – no. 68411/10, N.M.B. v. Sweden – no. 68335/10, N.M.Y. and Others v. Sweden – no. 72686/10, S.A. v. Sweden – no. 66523/10) concern the deportation of failed-asylum seekers to Iraq. Den Rest des Beitrags lesen »
EGMR: Removal of a Coptic Christian to Egypt would expose him to a risk of torture and inhuman or degrading treatment
6. Juni 2013 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of M.E. v. France (application no. 50094/10), which is not final, the European Court of Human Rights held, unanimously, that there would be a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights if the order deporting the applicant to Egypt were enforced; and, that there had been no violation of Article 13 (right to an effective remedy) taken in conjunction with Article 3. Den Rest des Beitrags lesen »
EGMR: Disclosure of Jehovah’s Witnesses’ medical files following their refusal of blood transfusions breached their right to private life
6. Juni 2013 — Dr. Georg NeureitherThe European Court of Human Rights has today notified in writing the following Chamber judgment, which is not final (Avilkina and Others v. Russia [application no. 1585/09]). The case concerned alleged harassment of Jehovah’s Witnesses. Den Rest des Beitrags lesen »
EGMR: Relinquishment to the Grand Chamber of a case concerning the wearing of the burka in public places in France
30. Mai 2013 — Dr. Georg NeureitherThe Chamber of the European Court of Human Rights to which the application S.A.S. v. France (application no. 43835/11) had been assigned has relinquished jurisdiction to the Grand Chamber, neither party having objected to relinquishment (Article 30 of the European Convention on Human Rights and Rule 72 of the Rules of Court). Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 6 June 2013 – Avilkina and Others v. Russia (no. 1585/09)
28. Mai 2013 — Dr. Georg NeureitherThe applicants are a religious organisation, the Administrative Centre of Jehovah’s Witnesses in Russia, which is based in St Petersburg, and three Russian nationals who are Jehovah’s Witnesses: Yekaterina Avilkina, who was born in 2006 and lives in Nalchik, Nina Dubinina, who was born in 1959 and lives in Murmansk, and Valentina Zhukova, who was born in 1956 and lives in the Leningrad region. The case concerns alleged harassment of Jehovah’s Witnesses. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 6 June 2013 – M.E. v. France (no. 50094/10)
28. Mai 2013 — Dr. Georg NeureitherThe applicant, M.E., is an Egyptian national who was born in 1973 and lives in Metz Queuleu. A Copt Christian, he was raised and grew up in the Copt community, of which he became a very active member. From May 2007 he and his family came under attack on account of their religious beliefs. Their landlord expelled them from their house, but when M.E. attempted to lodge a complaint the police refused to register it. He was followed several times in the street when going to church, insulted and then beaten violently. In August 2007 he was accused of taking part in proselytising activities that were offensive to Islam and Muslims. Proceedings were brought against him, but he did not attend court and fled Egypt. Den Rest des Beitrags lesen »
EGMR: Factsheet – Freedom of religion
1. Mai 2013 — Dr. Georg NeureitherThis factsheet does not bind the Court and is not exhaustive. Den Rest des Beitrags lesen »
EGMR: Kasymakhunov and Saybatalov v. Russia (nos. 26261/05 and 26377/06)
14. März 2013 — Dr. Georg NeureitherThe applicants, Yusup Kasymakhunov, an Uzbek national, and Marat Saybatalov, a Russian national, were born in 1964 and 1972 respectively. They were both convicted by the Russian courts, in November 2004 and October 2005 respectively, for their membership of the radical Islamic organisation Hizb ut-Tahrir al-Islami, and sentenced to seven years and four months’ and five years and six months’ imprisonment respectively. Relying in particular on Article 7 (no punishment without law), they complained that the Russian Supreme Court’s decision banning the activities of Hizb ut-Tahrir in Russia had not been officially published and that the legal provisions on the basis of which they had been convicted had therefore been not foreseeable in their application. Den Rest des Beitrags lesen »
EGMR: Grand Chamber hearing on the State’s responsibility for the sexual abuse of a schoolgirl in an Irish national school
6. März 2013 — Dr. Georg NeureitherThe European Court of Human Rights is holding a Grand Chamber hearing Wednesday 6 March 2013 at 9.15 a.m. in the case of O’Keeffe v. Ireland (application no. 35810/09). The case concerns the responsibility of the State for the sexual abuse of a schoolgirl, aged eight to nine, by a lay teacher in an Irish national school in 1973. 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 »
EGMR: Forthcoming judgment on Thursday 14 March 2013 – Kasymakhunov and Saybatalov v. Russia (nos. 26261/05 and 26377/06)
6. März 2013 — Dr. Georg NeureitherThe applicants, Yusup Kasymakhunov, an Uzbek national, and Marat Saybatalov, a Russian national, were born in 1964 and 1972 respectively. They were both convicted by the Russian courts, in November 2004 and October 2005 respectively, for their membership of the radical Islamic organisation Hizb ut-Tahrir al-Islami, and sentenced to seven years and four months’ and five years and six months’ imprisonment respectively. Den Rest des Beitrags lesen »
EGMR: Bookseller convicted of „justifying genocide“ should have been notified of the amended charge against him in order to prepare his defence
5. März 2013 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Varela Geis v. Spain (application no. 61005/09), which is not final, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 §§ 1 and 3 (a) and (b) (right to a fair trial and rights of the defence) of the European Convention on Human Rights. A bookshop owner who sold publications about the Holocaust complained that he had been convicted on appeal of „disseminating ideas or doctrines justifying acts of genocide“, an offence not corresponding either to the charges against him or to his conviction at first instance. Den Rest des Beitrags lesen »
EGMR: Manzanas Martín v. Spain (no. 17966/10) – Just satisfaction
5. März 2013 — Dr. Georg NeureitherThe applicant, Francisco Manzanas Martín, is a Spanish national who was born in 1926 and lives in Barcelona (Spain). He worked as a minister of the Evangelical Church until his retirement. He complained about a difference in treatment between Catholic priests and evangelical pastors in calculating pension entitlement. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 5 March 2013 – Manzanas Martín v. Spain (no. 17966/10) – Just satisfaction
27. Februar 2013 — Dr. Georg NeureitherThe applicant, Francisco Manzanas Martín, is a Spanish national who was born in 1926 and lives in Barcelona (Spain). He worked as a minister of the Evangelical Church until his retirement. He complained about a difference in treatment between Catholic priests and evangelical pastors in calculating pension entitlement. Den Rest des Beitrags lesen »
EGMR: Total removal of a father’s access rights because of his religion was discriminatory – Vojnity v. Hungary (no. 29617/07)
12. Februar 2013 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Vojnity v. Hungary (application no. 29617/07), 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 concerned the total removal of a father’s access rights on the grounds that his religious convictions had been detrimental to his son’s upbringing. Den Rest des Beitrags lesen »
EGMR: Austrianu v. Romania (no. 16117/02)
12. Februar 2013 — Dr. Georg NeureitherThe applicant, Eugeniu Costel Austrianu, is a Romanian national who was born in 1964 and lives in Leresti (Romania). In September 1993 he was convicted of murder and sentenced to 27 years’ imprisonment. He served his sentence until December 2005. Den Rest des Beitrags lesen »
EGMR: Forthcoming Judgment on Tuesday 12 February 2013 – Austrianu v. Romania (no. 16117/02)
6. Februar 2013 — Dr. Georg NeureitherThe applicant, Eugeniu Costel Austrianu, is a Romanian national who was born in 1964 and lives in Leresti (Romania). In September 1993 he was convicted of murder and sentenced to 27 years’ imprisonment. He served his sentence until December 2005. Den Rest des Beitrags lesen »
EGMR: Forthcoming Judgment on Tuesday 12 February 2013 – Vojnity v. Hungary (no. 29617/07)
6. Februar 2013 — Dr. Georg NeureitherThe applicant, Péro Vojnity, is a Hungarian national who was born in 1948 and lives in Szegedn (Hungary). The case concerns his complaint that he lost access rights to his son because he belongs to the religious denomination „Hit Gyülekezete“ (Congregation of the Faith). Den Rest des Beitrags lesen »
EGMR: Chamber judgments concerning France – The Religious Association of the Pyramid Temple/Association Cultuelle Du Temple Pyramide v. France (application no. 50471/07), The Association of the Knights of the Golden Lotus/Association Des Chevaliers Du Lotus D’Or v. France (no. 50615/07), The Evangelical Missionary Church and Salaûn/Eglise Evangelique Missionnaire et Salaûn v. France (no. 25502/07)
31. Januar 2013 — Dr. Georg NeureitherIn these three cases the applicants relied, in particular, on Article 9 (right to freedom of thought, conscience and religion), alleging that the fact that they had been required to pay tax on hand-to-hand gifts infringed their right to manifest and exercise their freedom of religion. Den Rest des Beitrags lesen »
EGMR: Grand Chamber hearing concerning the decision not to renew contract of a married catholic priest and father who taught religious education
30. Januar 2013 — Dr. Georg NeureitherThe European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 30 January 2013 at 9.15 a.m. in the case of Fernández Martínez v. Spain (Application no. 56030/07). The case concerns the non-renewal of the teaching contract of a married priest and father of five who taught religious education, following the publication of a newspaper article revealing his membership of the „Pro Celibato Opcional“ optional celibacy movement. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 31 January 2013 – The Religious Association of the Pyramid Temple/Association Cultuelle Du Temple Pyramide v. France (no 50471/07), The Association of the Knights of the Golden Lotus/Association Des Chevaliers Du Lotus D’Or v. France (no 50615/07) und The Evangelical Missionary Church and Salaûn/Eglise Evangelique Missionnaire et Salaûn v. France (no 25502/07)
22. Januar 2013 — Dr. Georg NeureitherIn these three cases the applicants rely, in particular, on Article 9 (right to freedom of thought, conscience and religion), alleging that the fact that they were required to pay tax on hand-to-hand gifts infringed their right to manifest and exercise their freedom of religion. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 