Index
to the Information Notes on the Court’s case-law 2014
(January–February)
2
Legal summaries published in the Case-law Information Notes are also available in HUDOC under Legal Summaries.
The Information Note, compiled by the Court’s Case-Law Information and Publications Division, contains summaries of cases examined during the month in question which the Registry considers as being of particular interest. The summaries are not binding on the Court. In the provisional version the summaries are normally drafted in the language of the case concerned, whereas the final single-language version appears in English and French respectively.
An annual index provides an overview of all the cases summarised in each calendar year. To facilitate access to materials in the Information Notes, a running cumulative index will be updated online with each new edition of the provisional version of the Note. The important cases summarised in the Information Notes are indexed by Convention Article, keyword, applicant name and respondent State. The Index also contains a list of cases which have been referred to or rrelinquished in favour of the Grand Chamber.
The Information Note and the index may be downloaded at <www.echr.coe.int/NoteInformation/en>. A hard-copy subscription is available for 30 euros (EUR) or 45 United States dollars (USD) per year, including eleven Information Notes plus an annual index, by contacting <publishing@echr.coe.int>.
The HUDOC database is available free-of-charge through the Court’s Internet site (<http://hudoc.echr.coe.int/sites/eng/>). It provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions).
European Court of Human Rights (Council of Europe)
67075 Strasbourg Cedex France
Tel: 00 33 (0)3 88 41 20 18 Fax: 00 33 (0)3 88 41 27 30 publishing@echr.coe.int www.echr.coe.int ISSN 1996-1545
© Council of Europe / European Court of Human Rights, 2014
TABLE OF CONTENTS
CASES LISTED BY CONVENTION ARTICLE AND KEYWORD ... 7
ARTICLE 2 ... 7
Jurisdiction of States ... 7
ARTICLE 2 ... 7
Life ... 7
Use of force ... 7
Positive obligations (substantive aspect) ... 7
Effective investigation ... 7
ARTICLE 3 ... 8
Inhuman or degrading treatment ... 8
Degrading treatment ... 8
Positive obligations (substantive aspect) ... 8
ARTICLE 5 ... 8
Article 5 § 4 ... 8
Review of lawfulness of detention ... 8
ARTICLE 6 ... 9
Article 6 § 1 (civil) ... 9
Adversarial trial / Equality of arms ... 9
Article 6 § 1 (criminal) ... 9
Access to court ... 9
Article 6 § 2 ... 9
Presumption of innocence ... 9
ARTICLE 8 ... 9
Respect for private and family life ... 9
Respect for private life ... 9
Respect for family life ... 9
Index 2014 to the Information Notes on the Court’s case-law (January–February)
ARTICLE 10 ... 10
Freedom of expression ... 10
ARTICLE 14 ... 10
Discrimination (Article 8) ... 10
Discrimination (Article 1 of Protocol No. 1) ... 10
ARTICLE 35 ... 10
Article 35 § 1 ... 10
Exhaustion of domestic remedies ... 10
Effective domestic remedy – Estonia ... 11
Effective domestic remedy – Turkey ... 11
Six-month period ... 11
Article 35 § 3 ... 11
Abuse of the right of application ... 11
Article 46 ... 11
Execution of a judgment – General measures ... 11
ARTICLE 1 OF PROTOCOL No. 1 ... 11
Possessions ... 11
Control of the use of property ... 12
ARTICLE 2 OF PROTOCOL No. 1 ... 12
Right to education ... 12
ARTICLE 2 OF PROTOCOL No. 4 ... 12
Article 2 § 1 ... 12
Freedom of movement ... 12
CASES ACCEPTED FOR REFERAL TO THE GRAND CHAMBER AND CASES IN WHICH JURISDICTION WAS RELINQUISHED BY A CHAMBER IN FAVOUR OF THE GRAND CHAMBER ... 13
CASES LISTED ALPHABETICALLY BY RESPONDENT STATE ... 14
Bulgaria ... 14
Cyprus ... 14
Estonia ... 14
4 European Court of Human Rights
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Finland ... 14
France ... 14
Germany ... 14
Ireland ... 14
Italy ... 14
Portugal ... 15
Romania ... 15
Russia ... 15
Serbia ... 15
Slovakia ... 15
Switzerland ... 15
Turkey ... 15
United Kingdom ... 16
CASES LISTED ALPHABETICALLY BY APPLICANT ... 17
CASES LISTED BY CONVENTION ARTICLE AND KEYWORD
ARTICLE 2
Jurisdiction of States ________________________________________________________________
Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin
Khan v. the United Kingdom (dec.), no. 11987/11, 28 January 2014 ... no. 171
ARTICLE 2
Life ______________________________________________________________________________
Death of 6 children as a result of failure to secure and supervise firing range containing unexploded ordnance: violation
Oruk v. Turkey, no. 33647/04, 4 February 2014... no. 171 Inadequacies of investigation into use of lethal force by police officers resulting in deaths of father and his 13 year old son: violation
Makbule Kaymaz and Others v. Turkey, no. 651/10, 25 February 2014 ... no. 171 Use of force ________________________________________________________________________
Inadequacies of investigation into use of lethal force by police officers resulting in deaths of father and his 13 year old son: violation
Makbule Kaymaz and Others v. Turkey, no. 651/10, 25 February 2014 ... no. 171 Positive obligations (substantive aspect) ________________________________________________
Death of man suffering from psychiatric disorder as a result of police attempts to hospitalise him by force: violation
Shchiborshch and Kuzmina v. Russia, no. 5269/08, 16 January 2014 ... no. 170 Death of six children as a result of failure to secure and supervise firing range containing unexploded ordnance: violation
Oruk v. Turkey, no. 33647/04, 4 February 2014... no. 171 Effective investigation _______________________________________________________________
Death of man suffering from psychiatric disorder as a result of police attempts to hospitalise him by force: violation
Shchiborshch and Kuzmina v. Russia, no. 5269/08, 16 January 2014 ... no. 170 Lack of reconstitution of incident in which police officers fired in suspect’s direction when arresting him: no violation
Camekan v. Turkey, no. 54241/08, 28 January 2014 ... no. 170
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Inadequacies of investigation into use of lethal force by police officers resulting in deaths of father and his 13 year old son: violation
Makbule Kaymaz and Others v. Turkey, no. 651/10, 25 February 2014 ... no. 171
ARTICLE 3
Inhuman or degrading treatment _____________________________________________________
Obligation on prisoners to wear closed overalls while being held in isolation for short period: no violation
Lindström and Mässeli v. Finland, no. 24630/10, 14 January 2014 ... no. 170 Lack of independent access to prison facilities for paraplegic prisoner; lack of organised assistance with his mobility and daily routine resulting in his segregation and stigmatisa- tion: violation
Semikhvostov v. Russia, no. 2689/12, 6 February 2014 ... no. 171 Use of pepper spray against an aggressive prisoner and his confinement to restraint bed for three hours and forty minutes: violation
Tali v. Estonia, no. 66393/10, 13 February 2014 ... no. 171 Degrading treatment ________________________________________________________________
Absence of timely reaction by the Military to a conscript’s mental disorder: violation
Placì v. Italy, no. 48754/11, 21 January 2014 ... no. 170 Positive obligations (substantive aspect) ________________________________________________
Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation
O’Keeffe v. Ireland [GC], no. 35810/09, 28 January 2014 ... no. 170 -ooo-
Absence of timely reaction by the Military to a conscript’s mental disorder: violation
Placì v. Italy, no. 48754/11, 21 January 2014 ... no. 170
ARTICLE 5
Article 5 § 4
Review of lawfulness of detention _____________________________________________________
Requirement to prepare a fresh independent medical opinion on a detainee’s mental health when examining a request for his release from detention: violation
Ruiz Riviera v. Switzerland, no. 8300/06, 18 February 2014 ... no. 171
8 European Court of Human Rights
Index 2014 to the Information Notes on the Court’s case-law (January–February)
ARTICLE 6
Article 6 § 1 (civil)
Adversarial trial / Equality of arms ____________________________________________________
Failure to send respondents’ submissions to applicants for either information or comment in leave-to-appeal proceedings before the Supreme Court of Cassation: inadmissible
Valchev and Others v. Bulgaria (dec.), nos.47450/11, 26659/12 and 53966/12,
21 January 2014 ... no. 171
Article 6 § 1 (criminal)
Access to court _____________________________________________________________________
Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation
Jones and Others v. the United Kingdom, nos. 34356/06 and 40528/06,
14 January 2014 ... no. 170
Article 6 § 2
Presumption of innocence ____________________________________________________________
Statements concerning a suspect under investigation contained in a judgment convicting co- accused tried separately: Article 6 § 2 applicable; no violation
Karaman v. Germany, no. 17103/10, 27 February 2014 ... no. 171
ARTICLE 8
Respect for private and family life _____________________________________________________
Restrictions on family visits for life-long prisoners: relinquishment in favour of the Grand Chamber
Khoroshenko v. Russia, no. 41418/04 ... no. 171 Respect for private life ______________________________________________________________
Indiscriminate capture and sharing of vast quantities of communication data by state security services: communicated
Big Brother Watch and Others v. the United Kingdom, no. 58170/13... no. 170 Respect for family life _______________________________________________________________
Full adoption order owing to mother’s partial incapacity and lack of statutory power to make simple adoption order: violation
Zhou v. Italy, no. 33773/11, 21 January 2014 ... no. 170
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Expulsion _________________________________________________________________________
Exclusion orders based on undisclosed national security grounds: inadmissible I.R. and G.T. v. the United Kingdom (dec.), nos.14876/12 and 63339/12,
28 January 2014 ... no. 171
ARTICLE 10
Freedom of expression ______________________________________________________________
Award of damages against internet news portal for offensive comments posted on its site by anonymous third parties: case referred to the Grand Chamber
Delfi AS v. Estonia, no. 64569/09 (Chamber judgment of 10 October 2013) ... no. 171 -ooo-
Arrest and conviction of journalist for not obeying police orders during a demonstration: no violation
Pentikäinen v. Finland, no. 11882/10, 4 February 2014 ... no. 171 Applicant’s precarious financial situation as a result of award of damages for defamation against her: violation
Tešić v. Serbia, nos.4678/07 and 50591/12, 11 February 2014 ... no. 171
ARTICLE 14
Discrimination (Article 8) ____________________________________________________________
Inability for married couple to give their legitimate child the wife’s surname: violation
Cusan and Fazzo v. Italy, no. 77/07, 7 January 2014 ... no. 170 Discrimination (Article 1 of Protocol No. 1) _____________________________________________
Refusal to award “recognition allowance” to repatriated veteran of the Algerian war on the grounds of his European, as opposed to local, origin: no violation
Montoya v. France, no. 62170/10, 23 January 2014 ... no. 170
ARTICLE 35
Article 35 § 1
Exhaustion of domestic remedies ______________________________________________________
Failure to exhaust effective domestic remedies to obtain title to property: inadmissible Dexter and Others v. Cyprus (dec.), nos. 63049/11, 68057/11 and 62322/11,
17 December 2013 ... no. 170 Claim for compensation before the administrative courts in respect of complaint concerning
length of civil proceedings: effective remedy
Treial v. Estonia (dec.), no. 32897/12, 28 January 2014 ... no. 171
10 European Court of Human Rights
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Effective domestic remedy – Estonia ___________________________________________________
Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy
Treial v. Estonia (dec.), no. 32897/12, 28 January 2014 ... no. 171 Effective domestic remedy – Turkey ___________________________________________________
Entitlement to financial compensation under Article 141 § 1 (f) of the Code of Criminal Procedure for persons deprived of their liberty for a period exceeding the length of their sentence: effective remedy
Alican Demir v. Turkey, no. 41444/09, 25 February 2014 ... no. 171 Six-month period ___________________________________________________________________
Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible
Sokolov and Others v. Serbia (dec.), nos.30859/10 et al., 14 January 2014 ... no. 171
Article 35 § 3
Abuse of the right of application ______________________________________________________
Representative’s failure to inform Court that he had lodged two separate applications concerning the same facts on behalf of a husband and wife: inadmissible
Martins Alves v. Portugal (dec.), no. 56297/11, 21 January 2014 ... no. 171
ARTICLE 46
Execution of a judgment – General measures ___________________________________________
Respondent State required to reform domestic legislation and/or practice to enable the legitimate child of a married couple to be given its mother’s surname
Cusan and Fazzo v. Italy, no. 77/07, 7 January 2014 ... no. 170 Indication that respondent State should take general measures to prevent delays and to ensure its compliance with domestic court decisions
Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania,
nos. 2699/03 and 43597/07, 7 January 2014 ... no. 170 Respondent State required to introduce compensatory remedy to provide effective relief for breach of property rights of rent-controlled flat owners
Bittó and Others v. Slovakia, no. 30255/09, 28 January 2014 ... no. 170
ARTICLE 1 OF PROTOCOL No. 1
Possessions ________________________________________________________________________
Ban on donating embryos for scientific research: relinquishment in favour of the Grand Chamber
Parrillo v. Italy, no. 46470/11 ... no. 170
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Control of the use of property ________________________________________________________
Rent-control scheme imposing low levels of rent on landlords: violation
Bittó and Others v. Slovakia, no. 30255/09, 28 January 2014 ... no. 170
ARTICLE 2 OF PROTOCOL NO. 1
Right to education __________________________________________________________________
Alleged inability of disabled student to pursue university course owing to a lack of suitable facilities: relinquishment in favour of the Grand Chamber
Gherghina v. Romania, no. 42219/07 ... no. 170
ARTICLE 2 OF PROTOCOL NO. 4
Article 2 § 1
Freedom of movement_______________________________________________________________
Inability of minor to leave State without documentation necessary to prove father’s consent:
inadmissible
Șandru v. Romania (dec.), no. 1902/11, 14 January 2014 ... no. 171
12 European Court of Human Rights
CASES ACCEPTED FOR REFERAL TO THE GRAND CHAMBER AND CASES IN WHICH JURISDICTION WAS RELINQUISHED
BY A CHAMBER IN FAVOUR OF THE GRAND CHAMBER
REFERRAL
Delfi AS v. Estonia, no. 64569/09 (Chamber judgment of 10 October 2013) ... no. 171 ARTICLE 10:FREEDOM OF EXPRESSION
Award of damages against internet news portal for offensive comments posted on its site by anonymous third parties: case referred to the Grand Chamber
RELINQUISHMENTS
Gherghina v. Romania, no. 42219/07 ... no. 170 ARTICLE 2 OF PROTOCOL No.1:RIGHT TO EDUCATION
Alleged inability of disabled student to pursue university course owing to a lack of suitable facilities: relinquishment in favour of the Grand Chamber
Khoroshenko v. Russia, no. 41418/04 ... no. 171 ARTICLE 8:RESPECT FOR PRIVATE AND FAMILY LIFE
Restrictions on family visits for life-long prisoners: relinquishment in favour of the Grand Chamber
Parrillo v. Italy, no. 46470/11 ... no. 170 ARTICLE 1 OF PROTOCOL No.1:POSSESSIONS
Ban on donating embryos for scientific research: relinquishment in favour of the Grand Chamber
CASES LISTED ALPHABETICALLY BY RESPONDENT STATE
Bulgaria __________________________________________________________________________
Decisions
Valchev and Others v. Bulgaria (dec.), nos.47450/11, 26659/12 and 53966/12,
21 January 2014 ... no. 171 Cyprus ___________________________________________________________________________
Decisions
Dexter and Others v. Cyprus (dec.), nos. 63049/11, 68057/11 and 62322/11,
17 December 2013 ... no. 170 Estonia ___________________________________________________________________________
Grand Chamber (referrals/relinquishments)
Delfi AS v. Estonia, no. 64569/09 (Chamber judgment of 10 October 2013 – referral) ... no. 171 Judgments
Tali v. Estonia, no. 66393/10, 13 February 2014 ... no. 171 Decisions
Treial v. Estonia (dec.), no. 32897/12, 28 January 2014 ... no. 171 Finland ___________________________________________________________________________
Judgments
Lindström and Mässeli v. Finland, no. 24630/10, 14 January 2014 ... no. 170 Pentikäinen v. Finland, no. 11882/10, 4 February 2014 ... no. 171 France ____________________________________________________________________________
Judgments
Montoya v. France, no. 62170/10, 23 January 2014 ... no. 170 Germany __________________________________________________________________________
Judgments
Karaman v. Germany, no. 17103/10, 27 February 2014 ... no. 171 Ireland ___________________________________________________________________________
Grand Chamber (judgments/decisions)
O’Keeffe v. Ireland [GC], no. 35810/09, 28 January 2014 ... no. 170 Italy ______________________________________________________________________________
Grand Chamber (referrals/relinquishments)
Parrillo v. Italy, no. 46470/11 (relinquishment) ... no. 170
European Court of Human Rights 14
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Judgments
Cusan and Fazzo v. Italy, no. 77/07, 7 January 2014 ... no. 170 Placì v. Italy, no. 48754/11, 21 January 2014 ... no. 170 Zhou v. Italy, no. 33773/11, 21 January 2014 ... no. 170 Portugal __________________________________________________________________________
Decisions
Martins Alves v. Portugal (dec.), no. 56297/11, 21 January 2014 ... no. 171 Romania __________________________________________________________________________
Grand Chamber (referrals/relinquishments)
Gherghina v. Romania, no. 42219/07 (relinquishment) ... no. 170 Judgments
Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania,
nos. 2699/03 and 43597/07, 7 January 2014 ... no. 170 Decisions
Șandru v. Romania (dec.), no. 1902/11, 14 January 2014 ... no. 171 Russia ____________________________________________________________________________
Grand Chamber (referrals/relinquishments)
Khoroshenko v. Russia, no. 41418/04 (relinquishment) ... no. 171 Judgments
Semikhvostov v. Russia, no. 2689/12, 6 February 2014 ... no. 171 Shchiborshch and Kuzmina v. Russia, no. 5269/08, 16 January 2014 ... no. 170 Serbia ____________________________________________________________________________
Judgments
Tešić v. Serbia, nos.4678/07 and 50591/12, 11 February 2014 ... no. 171 Decisions
Sokolov and Others v. Serbia (dec.), nos.30859/10 et al., 14 January 2014 ... no. 171 Slovakia __________________________________________________________________________
Judgments
Bittó and Others v. Slovakia, no. 30255/09, 28 January 2014 ... no. 170 Switzerland _______________________________________________________________________
Judgments
Ruiz Riviera v. Switzerland, no. 8300/06, 18 February 2014 ... no. 171 Turkey ___________________________________________________________________________
Judgments
Alican Demir v. Turkey, no. 41444/09, 25 February 2014 ... no. 171 Camekan v. Turkey, no. 54241/08, 28 January 2014 ... no. 170
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Oruk v. Turkey, no. 33647/04, 4 February 2014... no. 171 United Kingdom ___________________________________________________________________
Judgments
Jones and Others v. the United Kingdom, nos. 34356/06 and 40528/06,
14 January 2014 ... no. 170 Decisions
I.R. and G.T. v. the United Kingdom (dec.), nos.14876/12 and 63339/12,
28 January 2014 ... no. 171 Khan v. the United Kingdom (dec.), no. 11987/11, 28 January 2014 ... no. 171 Communicated cases
Big Brother Watch and Others v. the United Kingdom, no. 58170/13... no. 170
16 European Court of Human Rights
CASES LISTED ALPHABETICALLY BY APPLICANT
- A -
Alican Demir v. Turkey, no. 41444/09, 25 February 2014 ... no. 171
- B -
Big Brother Watch and Others v. the United Kingdom, no. 58170/13 (communicated case) ... no. 170 Bittó and Others v. Slovakia, no. 30255/09, 28 January 2014 ... no. 170
- C -
Camekan v. Turkey, no. 54241/08, 28 January 2014 ... no. 170 Cusan and Fazzo v. Italy, no. 77/07, 7 January 2014 ... no. 170
- D -
Delfi AS v. Estonia, no. 64569/09 (Chamber judgment of 10 October 2013 – referral) ... no. 171 Dexter and Others v. Cyprus (dec.), nos. 63049/11, 68057/11 and 62322/11, 17 December
2013 ... no. 170
- F -
Foundation Hostel for Students of the Reformed Church and Stanomirescu v. Romania,
nos. 2699/03 and 43597/07, 7 January 2014 ... no. 170
- G -
Gherghina v. Romania, no. 42219/07 (relinquishment) ... no. 170
- I -
I.R. and G.T. v. the United Kingdom (dec.), nos.14876/12 and 63339/12, 28 January 2014 ... no. 171
- J -
Jones and Others v. the United Kingdom, nos. 34356/06 and 40528/06, 14 January 2014 ... no. 170
Index 2014 to the Information Notes on the Court’s case-law (January–February)
- K -
Karaman v. Germany, no. 17103/10, 27 February 2014 ... no. 171 Khan v. the United Kingdom (dec.), no. 11987/11, 28 January 2014 ... no. 171 Khoroshenko v. Russia, no. 41418/04 (relinquishment) ... no. 171
- L -
Lindström and Mässeli v. Finland, no. 24630/10, 14 January 2014 ... no. 170
- M -
Makbule Kaymaz and Others v. Turkey, no. 651/10, 25 February 2014 ... no. 171 Martins Alves v. Portugal (dec.), no. 56297/11, 21 January 2014 ... no. 171 Montoya c. France, no 62170/10, 23 janvier 2014 ... n° 170
- O -
O’Keeffe v. Ireland [GC], no. 35810/09, 28 January 2014 ... no. 170 Oruk v. Turkey, no. 33647/04, 4 February 2014 ... no. 171
- P -
Parrillo v. Italy, no. 46470/11 (relinquishment) ... no. 170 Pentikäinen v. Finland, no. 11882/10, 4 February 2014 ... no. 171 Placì v. Italy, no. 48754/11, 21 January 2014 ... no. 170
- R -
Ruiz Riviera v. Switzerland, no. 8300/06, 18 February 2014 ... no. 171
- S -
Șandru v. Romania (dec.), no. 1902/11, 14 January 2014 ... no. 171 Semikhvostov v. Russia, no. 2689/12, 6 February 2014 ... no. 171 Shchiborshch and Kuzmina v. Russia, no. 5269/08, 16 January 2014 ... no. 170 Sokolov and Others v. Serbia (dec.), nos.30859/10 et al., 14 January 2014 ... no. 171
- T -
Tali v. Estonia, no. 66393/10, 13 February 2014 ... no. 171 Tešić v. Serbia, nos.4678/07 and 50591/12, 11 February 2014 ... no. 171
18 European Court of Human Rights
Index 2014 to the Information Notes on the Court’s case-law (January–February)
Treial v. Estonia (dec.), no. 32897/12, 28 January 2014 ... no. 171
- V -
Valchev and Others v. Bulgaria (dec.), nos.47450/11, 26659/12 and 53966/12,
21 January 2014 ... no. 171
- Z -
Zhou v. Italy, no. 33773/11, 21 January 2014... no. 170
