The applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerned a building which formerly belonged to the Catholic diocese of Oradea and became State property under limitation legislation. Several apartments in the building were sold to the tenants, including Ms Avram. In 1998 the diocese applied to the domestic courts for restitution of the building, but its application was dismissed by the Timişoara Court of Appeal. The diocese then brought an action for cancellation of the contracts of sale of the apartments, which action was this time allowed by the same Court of Appeal. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 5 April 2016 – Rozalia Avram v. Romania (no. 19037/07)
1. April 2016 — Dr. Georg NeureitherThe applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerns a building which formerly belonged to the Catholic diocese of Oradea and became State property under limitation legislation. Several apartments in the building were sold to the tenants, including Ms Avram. In 1998 the diocese applied to the domestic courts for restitution of the building, but its application was dismissed by the Timişoara Court of Appeal. The diocese then brought an action for cancellation of the contracts of sale of the apartments, which action was this time allowed by the same Court of Appeal. Den Rest des Beitrags lesen »
EGMR: Swedish authorities must assess the consequences of an Iranian national’s conversion to Christianity before deciding on his removal to Iran
23. März 2016 — Dr. Georg NeureitherThe case F.G. v. Sweden (application no. 43611/11) concerned the refusal of asylum to an Iranian national converted to Christianity in Sweden. The applicant, F.G., notably alleged that, if expelled to Iran, he would be at a real risk of being persecuted and punished or sentenced to death owing to his political past in the country and his conversion from Islam to Christianity. Den Rest des Beitrags lesen »
EGMR: Forthcoming Grand Chamber judgment concerning the refusal of asylum to an Iranian national converted to Christianity in Sweden
16. März 2016 — Dr. Georg NeureitherThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of F.G. v. Sweden (application no. 43611/11) at a public hearing on 23 March 2016 at 3 p.m. in the Human Rights Building, Strasbourg. 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. Den Rest des Beitrags lesen »
EGMR: Grand Chamber hearing in a case concerning the claim for the restitution of a place of worship – Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11)
2. März 2016 — Dr. Georg NeureitherThe European Court of Human Rights is holding a Grand Chamber hearing on Wednesday 2 March 2016 at 9.15 a.m. in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11). The case concerns the claim for the restitution of a place of worship belonging to the Greek-Catholic Church that was transferred to the ownership of the Orthodox Church under the totalitarian regime. Den Rest des Beitrags lesen »
EGMR: Forthcoming hearing in March 2016 – Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11)
29. Februar 2016 — Dr. Georg NeureitherThe European Court of Human Rights will be holding the following hearing in March 2016: Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11) concerning the restitution of places of worship belonging to the Greek-Catholic Church that were transferred to the ownership of the Orthodox Church under the totalitarian regime. 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: Russia responsible for unlawful detention of criminal suspect in inhuman conditions in Transdniestria
23. Februar 2016 — Dr. Georg NeureitherThe case of Mozer v. the Republic of Moldova and Russia (application no. 11138/10) concerned the detention of a man suspected of fraud, as ordered by the courts of the self-proclaimed “Moldavian Republic of Transdniestria” (the “MRT”). In today’s Grand Chamber judgment in the case, the European Court of Human Rights held, by a majority that there had been no violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights by the Republic of Moldova, and that there had been a violation of Article 3 of the Convention by Russia, that there had been no violation of Article 5 § 1 (right to liberty and security) by the Republic of Moldova, and that there had been a violation of Article 5 § 1 by Russia, that there had been no violation of Article 8 (right to respect for private and family life) by the Republic of Moldova, and that there had been a violation of Article 8 by Russia, that there had been no violation of Article 9 (freedom of thought, conscience and religion) by the Republic of Moldova, and that there had been a violation of Article 9 by Russia, that there had been no violation of Article 13 (right to an effective remedy) in conjunction with Articles 3, 8 and 9 by the Republic of Moldova, and that there had been a violation of Article 13 in conjunction with Articles 3, 8 and 9 by Russia. Den Rest des Beitrags lesen »
EGMR: Forthcoming Grand Chamber judgment concerning Moldovan national’s arrest and detention in Transdniestria
17. Februar 2016 — Dr. Georg NeureitherThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Mozer v. the Republic of Moldova and Russia (application no. 11138/10) at a public hearing on 23 February 2016 at 4.30 p.m. in the Human Rights Building, Strasbourg. The case concerns in particular the issues of jurisdiction of Moldovan and Russian governments in relation to a number of alleged violations of the applicant’s rights by the „Moldovan Republic of Transdniestria“ („MRT“), an entity not recognised under international law as a State, as well as the lawfulness of detention orders issued by the courts of that entity. Den Rest des Beitrags lesen »
EGMR: Deputy Prefect’s transfer from the capital to a provincial posting was unjustified
2. Februar 2016 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Sodan v. Turkey (application no. 18650/05) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, and a violation of Article 6 § 1 (right to a fair trial within a reasonable time) of the Convention. The case concerned the applicant’s transfer from his senior post within the governor’s office in the capital to a similar post in the provinces following a report on his conduct pointing out that his wife wore an Islamic veil and that he himself had an introverted personality. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 2 February 2016 – Sodan v. Turkey (no. 18650/05)
27. Januar 2016 — Dr. Georg NeureitherThe applicant, Ramazan Sodan, is a Turkish national who was born in 1952 and lives in Ankara. He was deputy governor of Ankara at the relevant time. The case concerns Mr Sodan’s transfer from his senior post with the governor’s office following a report on his conduct, and his complaints regarding his freedom of thought, conscience and religion and respect for his private life. Den Rest des Beitrags lesen »
EGMR: Süveges v. Hungary (application no. 50255/12)
5. Januar 2016 — Dr. Georg NeureitherThe applicant, Péter Süveges, is a Hungarian national who was born in 1972. A multiple recidivist, Mr Süveges essentially complained about the criminal proceedings against him on, among other offences, aggravated murder, armed robbery and illegal possession of firearms and explosives, as well as his related pre-trial detention and house arrest. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 5 January 2016 – Süveges v. Hungary (application no. 50255/12)
22. Dezember 2015 — Dr. Georg NeureitherThe applicant, Péter Süveges, is a Hungarian national who was born in 1972. A multiple recidivist, Mr Süveges essentially complains about the criminal proceedings against him on, among other offences, aggravated murder, armed robbery and illegal possession of firearms and explosives, as well as his related pre-trial detention and house arrest. Den Rest des Beitrags lesen »
EGMR: Switzerland was under no obligation to recognise the marriage of a 14-year old child
8. Dezember 2015 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Z.H. and R.H. v. Switzerland (application no. 60119/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the asylum applications of two Afghan nationals, Ms. Z.H. and Mr. R.H., who married in a religious ceremony in Iran when Ms. Z.H. had been a child, and which were considered separately – the couple not being considered legally married by the Swiss authorities – resulting in the expulsion of Mr. R.H. to Italy. In the proceedings before the European Court, the couple alleged that the expulsion of Mr. R.H. had breached their right to respect for their family life. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 8 December 2015 – Z.H. and R.H. v. Switzerland (no. 60119/12)
2. Dezember 2015 — Dr. Georg NeureitherThe applicants, Ms. Z.H. and Mr. R.H. are Afghan nationals who were born in 1996 and 1992 respectively and live in Geneva (Switzerland). The case concerns the applicants’ asylum claims. The applicants entered Switzerland, via Italy, and, presenting themselves to the authorities as a married couple, applied for asylum in September 2011. According to the couple they had married in a religious ceremony in Iran in 2010. At the time, Ms Z.H. was 14 years old and Mr R.H. was 18 years old. Den Rest des Beitrags lesen »
EGMR: Non-renewal of contract, in a public establishment, of a social assistant refusing to remove her veil was not contrary to the European Convention on Human Rights
26. November 2015 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Ebrahimian v. France (application no. 64846/11) the European Court of Human Rights held, unanimously, that there had been no violation of Article 9 (right to freedom of religion) of the European Convention on Human Rights. The case concerned the decision not to renew the contract of employment of a hospital social worker because of her refusal to stop wearing the Muslim veil. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 26 November 2015 – Ebrahimian v. France (no. 64846/11)
18. November 2015 — Dr. Georg NeureitherThe applicant, Christiane Ebrahimian, is a French national who was born in 1951 and lives in Paris (France). The case concerns the decision not to renew Ms Ebrahimian’s contract of employment as a hospital social worker, because of her refusal to stop wearing a veil. Den Rest des Beitrags lesen »
EGMR: European Convention on Human Rights does not protect negationist and anti-Semitic performances
10. November 2015 — Dr. Georg NeureitherIn its decision in the case of M’Bala M’Bala v. France (application no. 25239/13) the European Court of Human Rights has by a majority declared the application inadmissible. The decision is final. The case concerns the conviction of Dieudonné M’Bala M’Bala, a comedian with political activities, for public insults directed at a person or group of persons on account of their origin or of belonging to a given ethnic community, nation, race or religion, specifically in this case persons of Jewish origin or faith. Den Rest des Beitrags lesen »
EGMR: The Siseşti Greek-Catholic Parish v. Romania (no. 32419/04)
3. November 2015 — Dr. Georg NeureitherThe applicant is the Siseşti Parish of the Eastern-Rite Catholic Church, also known as the Greek-Catholic or Uniate Church. The case concerned an action to recover possession of property which had been confiscated from the Parish when the communist regime was established in 1948. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 10 November 2015 – M’Bala v. France (no. 25239/13)
3. November 2015 — Dr. Georg NeureitherThe applicant, Dieudonné M’Bala, is a French national, who was born in 1966 and lives in Paris (France). He is a comedian known by the stage name “Dieudonné”. He has also engaged in political activities. On 26 December 2008 Dieudonné M’Bala put on a performance at the “Zénith” in Paris in the context of a show entitled “J’ai fait l’con” (“I’ve been a naughty boy”). At the end of the show he invited Robert Faurisson, an academic who has received a number of convictions in France for his negationist and revisionist opinions, mainly his denial of the existence of gas chambers in concentration camps, to join him on stage. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 3 November 2015 – The Siseşti Greek-Catholic Parish v. Romania (no. 32419/04)
30. Oktober 2015 — Dr. Georg NeureitherThe applicant is the Siseşti Parish of the Eastern-Rite Catholic Church, also known as the Greek-Catholic or Uniate Church. The case concerns an action to recover possession of property which had been confiscated from the Parish when the communist regime was established in 1948. Den Rest des Beitrags lesen »
EGMR: Grand Chamber Panel’s decision – Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11)
20. Oktober 2015 — Dr. Georg NeureitherAt its last meeting (Monday 19 October 2015), the Grand Chamber panel of five judges decided to refer the following case to the Grand Chamber of the European Court of Human Rights: Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11), concerning 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. Den Rest des Beitrags lesen »
EGMR: Television broadcast showing non-blurred image of an individual obtained using a hidden camera entailed a violation of his privacy
13. Oktober 2015 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Bremner v. Turkey (application no. 37428/06) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private life) of the European Convention on Human Rights. The case concerned the broadcasting of a television documentary in which the applicant, Mr Bremner, who was shown promoting his evangelical Christian beliefs, was described as a “foreign pedlar of religion” engaged in covert activities in Turkey. The Court found in particular that the broadcasting of Mr Bremner’s image without blurring it could not be regarded as a contribution to any debate of general interest for society, regardless of the degree of public interest in the question of religious proselytising. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 13 October 2015 – Bremner v. Turkey (no. 37428/06)
9. Oktober 2015 — Dr. Georg NeureitherThe applicant, Dion Ross Bremner, is an Australian national who was born in 1967 and lives in Strathfield (Australia). The case concerns the broadcasting of a television documentary in which Mr Bremner appears as a “foreign pedlar of religion” engaged in secret activities in Turkey. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 