The applicant, Petar Travaš, is a Croatian national who was born in 1975 and lives in Rijeka (Croatia). The case concerns his dismissal from two teaching posts, on the grounds that he had entered into a second marriage. Mr Travaš is a professor of theology. He was issued with a canonical mandate to teach Catholic religious education by the Rijeka Archdiocese, and in September 2003 he was offered an indefinite contract to teach the subject in two State high schools – where his salary was paid by the State. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 4 October 2016 – Travaš v. Croatia (no. 75581/13)
30. September 2016 — Ass. iur. Klaus KohnenEGMR: Court dismisses claim by convicted paedophile that his trial had been unfair – Ahmed v. the United Kingdom (application no. 57645/14)
29. September 2016 — Ass. iur. Klaus KohnenIn its decision in the case of Ahmed v. the United Kingdom (application no. 57645/14) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the trial and conviction of Mr Ahmed, who had been accused of being a member of a paedophile gang operating in Bolton (the U.K.). After standing trial with ten others in 2012, Mr Ahmed was convicted on a variety of counts (including conspiracy to engage in sexual activity with children), and sentenced to 19 years in prison. The case was the subject of considerable media attention, as well as protests by the British National Party (“BNP”) and the English Defence League (“EDL”). Whilst the jury’s deliberations were still ongoing, Nick Griffin MEP (as he then was) tweeted about their alleged verdict, and posts about the jury’s supposed conclusions appeared on webpages linked to far-right groups. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Thursday 29 September 2016 – Ahmed v. the United Kingdom (application no. 57645/14)
23. September 2016 — Ass. iur. Klaus KohnenThe applicant, Shabir Ahmed, is a British national who was born in 1953 and is detained in HMP Wakefield. Mr Ahmed was accused of being part of a group of men in Bolton that groomed young women for sexual purposes. He stood trial with ten others in 2012. Den Rest des Beitrags lesen
EGMR: Greek conscientious objector did not enjoy the necessary procedural safeguards in having his request for alternative civilian service examined
15. September 2016 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of Papavasilakis v. Greece (application no. 66899/14) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the authorities’ refusal to grant Mr Papavasilakis the status of conscientious objector and to allow him to do alternative civilian work instead of military service. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Thursday 15 September 2016 – Papavasilakis v. Greece (no. 66899/14)
9. September 2016 — Ass. iur. Klaus KohnenThe applicant, Leonidas Papavasilakis, is a Greek national who was born in 1988 and lives in Ikaria (Greece). The case concerns the authorities’ refusal to grant Mr Papavasilakis conscientious objector status and to allow him to carry out alternative civilian work instead of his military service. Den Rest des Beitrags lesen
EGMR: Grand Chamber hearing concerning defamation proceedings against three NGOs and a religious community following their complaint about a radio editor
31. August 2016 — Ass. iur. Klaus KohnenThe European Court of Human Rights is holding a Grand Chamber hearing Wednesday 31 August 2016 at 9.15 a.m. in the case of Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina (application no. 17224/11). The case concerns defamation proceedings brought against three NGOs and a religious community following a letter they had written to the highest authorities of their district to complain about the entertainment editor of a public radio station. Den Rest des Beitrags lesen
EGMR: Forthcoming hearing on 31/08/2016 – Grand Chamber hearing in the case Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina (application no. 17224/11)
28. Juli 2016 — Ass. iur. Klaus KohnenThe applicants are a religious community, the Brčko Branch of the Islamic Community of Bosnia and Herzegovina (Medžlis Islamske zajednice Brčko), and three non-governmental organisations from the Brčko District of Bosnia and Herzegovina, namely the Bosniac Cultural Society “Preporod” (Bošnjačka zajednica kulture “Preporod”), the Bosniac Charity Association “Merhamet” (“Merhamet” Humanitarno udruženje građana Bošnjaka Brčko Distrikta) and the Council of Bosniac Intellectuals (Vijeće Kongresa Bošnjačkih intelektualaca Brčko Distrikta). Den Rest des Beitrags lesen
EGMR: Just Satisfaction Magyar Keresztény Mennonita Egyház and Others v. Hungary (nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41553/12, 54977/12, and 56581/12)
28. Juni 2016 — Dr. Georg NeureitherThe case concerned the new Hungarian Church Act. The applicants are various religious communities, some of their ministers and some of their members. Prior to the adoption of a new Church Act, which entered into force in January 2012, the religious communities had been registered as churches in Hungary and received State funding. Under the new law, which aimed to address problems relating to the exploitation of State funds by certain churches, only a number of recognised churches continued to receive funding. All other religious communities, including the applicants, lost their status as churches but were free to continue their religious activities as associations. Den Rest des Beitrags lesen »
EGMR: Janusz Wojciechowski v. Poland (no. 54511/11)
28. Juni 2016 — Dr. Georg NeureitherThe applicant, Janusz Wojciechowski, is a Polish national who was born in 1950 and lives in Warsaw. The case concerns his complaint about inadequate conditions of detention. After a conviction Mr Wojciechowski was detained from June 2007 until January 2009, first in a semiopen facility and then in a closed-type facility, namely Koszalin Remand Centre. In 2007 and 2009 he lodged a number of complaints with various authorities – including the Ombudsman, the Ministry of Justice and the relevant penitentiary court – and brought civil proceedings in which he claimed compensation, alleging: deplorable conditions of detention (notably, on account of overcrowding) in Koszalin Remand Centre; inadequate medical care for a skin condition he had contracted in the remand centre through a dirty and damp mattress; and unreasonable restrictions on his attending Sunday Mass in the remand centre. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 28 June 2016 – Janusz Wojciechowski v. Poland (no. 54511/11)
24. Juni 2016 — Dr. Georg NeureitherThe applicant, Janusz Wojciechowski, is a Polish national who was born in 1950 and lives in Warsaw. The case concerns his complaint about inadequate conditions of detention. After a conviction Mr Wojciechowski was detained from June 2007 until January 2009, first in a semiopen facility and then in a closed-type facility, namely Koszalin Remand Centre. In 2007 and 2009 he lodged a number of complaints with various authorities – including the Ombudsman, the Ministry of Justice and the relevant penitentiary court – and brought civil proceedings in which he claimed compensation, alleging: deplorable conditions of detention (notably, on account of overcrowding) in Koszalin Remand Centre; inadequate medical care for a skin condition he had contracted in the remand centre through a dirty and damp mattress; and unreasonable restrictions on his attending Sunday Mass in the remand centre. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on 28 June 2016 – Just Satisfaction Magyar Keresztény Mennonita Egyház and Others v. Hungary (nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41553/12, 54977/12, and 56581/12)
24. Juni 2016 — Dr. Georg NeureitherThe case concerned the new Hungarian Church Act. The applicants are various religious communities, some of their ministers and some of their members. Prior to the adoption of a new Church Act, which entered into force in January 2012, the religious communities had been registered as churches in Hungary and received State funding. Under the new law, which aimed to address problems relating to the exploitation of State funds by certain churches, only a number of recognised churches continued to receive funding. All other religious communities, including the applicants, lost their status as churches but were free to continue their religious activities as associations. Den Rest des Beitrags lesen »
EGMR: R.D. v. France (application no. 34648/14)
16. Juni 2016 — Dr. Georg NeureitherThe applicant, Ms R.D., is a Guinean national who was born in 1993 and lives in Neuilly-sur-Seine (France). The case concerned the procedure for her deportation to Guinea. She is married to a Christian and has endured all sorts of violent reprisals on the part of her Muslim father and brothers. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 16 June 2016 – R.D. v. France (no. 34648/14)
10. Juni 2016 — Dr. Georg NeureitherThe applicant, Ms R.D., is a Guinean national who was born in 1993 and lives in Neuilly-sur-Seine. The case concerns the procedure for her deportation to Guinea. She is married to a Christian and has endured all sorts of violent reprisals on the part of her Muslim father and brothers. Den Rest des Beitrags lesen »
EGMR: Ill-treatment of a person refusing to perform military service and claiming the status of conscientious objector
7. Juni 2016 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Enver Aydemir v. Turkey (application no. 26012/11) the European Court of Human Rights held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. The case concerned Mr Aydemir’s refusal to perform military service because of his religious beliefs, and also the subsequent proceedings against him, and his alleged ill-treatment on account of his refusal. Den Rest des Beitrags lesen »
EGMR: CICAD v. Switzerland (no. 17676/09)
7. Juni 2016 — Dr. Georg NeureitherThe applicant association, CICAD (Inter-community Coordination against Anti-Semitism and Defamation), was established under Swiss law and is registered in Geneva (Switzerland). The case concerned a judgment against the CICAD association in civil proceedings for describing statements by a university professor as anti-Semitic on its website. Den Rest des Beitrags lesen »
EGMR: R.B.A.B. and Others v. the Netherlands (application no. 7211/06)
7. Juni 2016 — Dr. Georg NeureitherThe applicants are five Sudanese nationals: a married couple, Ms R.B.A.B. and Mr H.S., their two daughters, X and Y, and their son Z. The children were born in 1991, 1993 and 1996, respectively. The case concerned the applicants’ complaint that X and Y would be at risk of being exposed to female genital mutilation (“FGM”) if they were expelled to Sudan. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 7 June 2016 – CICAD v. Switzerland (no. 17676/09)
2. Juni 2016 — Dr. Georg NeureitherThe applicant association, CICAD (Inter-community Coordination against Anti-Semitism and Defamation), was established under Swiss law and is registered in Geneva (Switzerland). The case concerns a judgment against the CICAD association in civil proceedings for describing statements by a university professor as anti-Semitic on its website. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 7 June 2016 – R.B.A.B. and Others v. the Netherlands (application no. 7211/06)
2. Juni 2016 — Dr. Georg NeureitherThe applicants are five Sudanese nationals: a married couple, Ms R.B.A.B. and Mr H.S., their two daughters, X and Y, and their son Z. The children were born in 1991, 1993 and 1996, respectively. The case concerns the applicants’ complaint that X and Y would be at risk of being exposed to female genital mutilation (“FGM”) if they were expelled to Sudan. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 7 June 2016 – Enver Aydemir v. Turkey (no. 26012/11)
2. Juni 2016 — Dr. Georg NeureitherThe applicant, Enver Aydemir, is a Turkish national who was born in 1977 and lives in Istanbul (Turkey). The case concerns Mr Aydemir’s refusal to perform military service because of his religious beliefs; it also concerns the proceedings subsequently brought against him and his allegations of ill-treatment on account of his refusal. Den Rest des Beitrags lesen »
EGMR: Refusal to provide the Mersin and İzmir Jehovah’s Witnesses with an appropriate place of worship breached their right to freedom of religion
24. Mai 2016 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Association for Solidarity with Jehovah Witnesses and Others v. Turkey (applications nos. 36915/10 and 8606/13) the European Court of Human Rights held, unanimously, 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 inability of the Mersin and İzmir Jehovah’s Witnesses to obtain an appropriate place in order to engage in worship. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 24 May 2016 – Jehovah’s Witnesses Solidarity Association and Others v. Turkey (nos. 36915/10 and 8606/13)
20. Mai 2016 — Dr. Georg NeureitherThe applicants are Hüseyin Sami Gül and Levent Sarkut, preachers and leaders of the congregation of Jehovah’s Witnesses of the city of Mersin (Turkey), born in 1953 and 1952 respectively, and the Jehovah’s Witnesses Solidarity Association, established on 31 July 2007 to represent the Jehovah’s Witnesses community in Turkey. The case concerns the inability of Jehovah’s Witnesses in İzmir and Mersin to meet in an appropriate place in order to worship. Den Rest des Beitrags lesen »
EGMR: Appeal lodged out of time prevented domestic courts from ruling on the merits of the case
19. Mai 2016 — Dr. Georg NeureitherIn its decision in the case of Barik Edidi v. Spain (application no. 21780/13), the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned a lawyer (the applicant) who was asked by the president of a court to return to the area reserved for members of the public, on the ground that barristers appearing before the court could cover their heads only with the official cap (biretta). The Court held, in particular, that having lodged her alzada appeal before the Audiencia Nacional out of time, Ms Barik Edidi had herself, from the outset of the proceedings, created the situation of which she complained. Her conduct had thus prevented the domestic courts from ruling on the merits of the case. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 19 May 2016 – Barik Edidi v. Spain (no. 21780/13)
12. Mai 2016 — Dr. Georg NeureitherThe applicant, Zoubida Barik Edidi, is a Spanish national who was born in 1970 and lives in Getafe. The case concerns a lawyer (the applicant) who wore the hijab in court and was asked by the president of the court to return to the area reserved for members of the public, on the ground that lawyers appearing before the court could only cover their head with the official cap (biretta). Den Rest des Beitrags lesen »
EGMR: The refusal to provide a public service to the applicants, followers of the Alevi faith, entailed a breach of their right to freedom of religion
26. April 2016 — Dr. Georg NeureitherIn today’s Grand Chamber judgment in the case of İzzettin Doğan and Others v. Turkey (application no. 62649/10) the European Court of Human Rights held by 12 votes to 5, that there had been a violation of Article 9 (right to freedom of religion) of the European Convention on Human Rights, and by 16 votes to 1, that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 of the European Convention. The case concerned the domestic authorities’ refusal to provide the applicants, who are followers of the Alevi faith (the country’s second-largest faith in terms of the number of followers), with the public religious service which, in the applicants’ assertion, is provided exclusively to citizens adhering to the Sunni understanding of Islam. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 