EGMR: Forthcoming judgment on Tuesday 6 December 2016 – Kanalas v. Romania (no. 20323/14)

The applicant, Florian Kanalas, was born in 1969. Since 25 April 2016 he has been imprisoned in Satu Mare (Romania). The case concerns the conditions in which Mr Kanalas was held in the prisons of Oradea and Rahova, and the rejection by the prison authorities of his request for leave in order to attend his mother’s funeral. Den Rest des Beitrags lesen

EGMR: Breach of the principle of legal certainty in a case concerning the restitution of a place of worship (no. 76943/11)

In today’s Grand Chamber judgment in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11) the European Court of Human Rights held: Den Rest des Beitrags lesen

EGMR: Forthcoming Grand Chamber judgment in a case concerning the restitution of a place of worship (no. 76943/11)

The European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11) at a public hearing on 29 November 2016 at 4 p.m. in the Human Rights Building, Strasbourg. The case concerned a request for restitution of a place of worship that had belonged to the Greek Catholic Church and was transferred during the totalitarian regime to the ownership of the Orthodox Church. Den Rest des Beitrags lesen

EGMR: Savda v. Turkey (no. 2) (no. 2458/12)

The applicant, Halil Savda, is a Turkish national who was born in 1974 and lives in Istanbul (Turkey). The case concerned Mr Savda’s criminal conviction for having read out a statement to the press entitled “We are in solidarity with the Israeli conscientious objectors”. Den Rest des Beitrags lesen

EGMR: Forthcoming judgment on Tuesday 15 November 2016 – Savda v. Turkey (no. 2) (no. 2458/12)

The applicant, Halil Savda, is a Turkish national who was born in 1974 and lives in Istanbul (Turkey). The case concerns Mr Savda’s criminal conviction for having read out a statement to the press entitled “We are in solidarity with the Israeli conscientious objectors”. Den Rest des Beitrags lesen

EGMR: Grand Chamber hearing on the right of access to court of a pastor concerning his claim for compensation against the Hungarian Calvinist Church

The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 12 October 2016 at 9.15 a.m. in the case of Károly Nagy v. Hungary (application no. 56665/09). The case concerns a pastor’s compensation claim against the Hungarian Calvinist Church following his dismissal. 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: Travaš v. Croatia (no. 75581/13)

The applicant, Petar Travaš, is a Croatian national who was born in 1975 and lives in Rijeka (Croatia). The case concerned 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 Hearing on 12 October 2016 – Grand Chamber hearing in the case Károly Nagy v. Hungary (application no. 56665/09)

The applicant, Károly Nagy, is a Hungarian national who was born in 1951 and lives in Gödöllő (Hungary). Mr Nagy was pastor of the Hungarian Calvinist Church. In June 2005, disciplinary proceedings were brought against him for being reported in a local newspaper as saying that State subsidies had been paid unlawfully to a Calvinist boarding school, and his service was immediately suspended and eventually terminated with effect from 1 May 2006 following a decision by the ecclesiastical courts. Den Rest des Beitrags lesen

EGMR: Forthcoming judgment on Tuesday 4 October 2016 – Travaš v. Croatia (no. 75581/13)

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: Court dismisses claim by convicted paedophile that his trial had been unfair – Ahmed v. the United Kingdom (application no. 57645/14)

In 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

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EGMR: Forthcoming judgment on Thursday 29 September 2016 – Ahmed v. the United Kingdom (application no. 57645/14)

The 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

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EGMR: Greek conscientious objector did not enjoy the necessary procedural safeguards in having his request for alternative civilian service examined

In 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)

The 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

The 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

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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)

The 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

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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)

The 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)

The 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)

The 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)

The 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)

The 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 »

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EGMR: Forthcoming judgment on Thursday 16 June 2016 – R.D. v. France (no. 34648/14)

The 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 »

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EGMR: Ill-treatment of a person refusing to perform military service and claiming the status of conscientious objector

In 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)

The 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)

The 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 »

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EGMR: Forthcoming judgment on Tuesday 7 June 2016 – CICAD v. Switzerland (no. 17676/09)

The 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 »