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 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 – R.B.A.B. and Others v. the Netherlands (application no. 7211/06)
2. Juni 2016 — Dr. Georg NeureitherEGMR: 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 »
EGMR: Forthcoming Grand Chamber judgment concerning the authorities’ refusal to provide a religious public service to the applicants, followers of the Alevi faith
19. April 2016 — Dr. Georg NeureitherThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of İzzettin Doğan and Others v. Turkey (application no. 62649/10) at a public hearing on 26 April 2016 at 11.30 a.m. in the Human Rights Building, Strasbourg. The case concerns the domestic authorities’ refusal to provide the applicants, followers of the Alevi faith, with the religious public service hitherto provided exclusively, in the applicants’ assertion, to citizens adhering to the Sunni understanding of Islam. Den Rest des Beitrags lesen »
EGMR: Rozalia Avram v. Romania (no. 19037/07)
5. April 2016 — Dr. Georg NeureitherThe 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 »
