Repeated refusals to register associations involving Turkish minorities in Greece
/For over 20 years, Turkish minorities in Greece have been denied the opportunity to create associations linked to their Turkish heritage.
Read MoreBagirov v Azerbaijan
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The case concerned a complaint made by Khalid Bagirov, a lawyer and member of the Azerbaijani Bar Association (ABA), that he had been suspended from practising law and then disbarred because of statements he had made about police brutality and the functioning of the judicial system in the country.
The Court found a violation of Article 8 (right to private life) and Article 10 (freedom of expression) of the Convention.
Read MoreNatig Jafarov v Azerbaijan: persecution of political activists in Azerbaijan
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The applicant, Natig Mehman oglu Jafarov is a co-founder of the political movement Republican Alternative Civic Movement (REAL). In 2016 REAL launched a campaign against amendments to the Constitution envisaged by a draft Referendum Act. In August 2016 Mr Jafarov was arrested on the criminal charges of illegal entrepreneurship and aggravated use of power. The ECtHR found a violation of Article 3 (prohibition of inhuman and degrading treatment), Article 5 (rights to liberty and security) and Article 18 (limitation on use of restriction on rights).
Read MoreIbrahimov and Mammadov v Azerbaijan: arbitrary arrest and detention of government critics
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The case concerned two applicants arrested and prosecuted on drug charges, which they alleged were false and that they were in fact arrested and detained because of the political graffiti they had painted on the statue of a former president. Both applicants were members of NIDA, a civil society movement. They were arrested in May 2016 after having painted a graffiti on a statue of Heydar Aliyev, the former president of Azerbaijan.
The Court found a violation of Articles 3, 5, 10 and 18 of ECHR.
Read MoreOleksandr Volkov v. Ukraine: Independence and impartiality of the judiciary
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In 2010, having reviewed the applications by the High Council of Justice (HCJ), the Ukrainian Parliament voted for the dismissal of Mr. Volkov for ‘breach of oath.’ The applicant complained that the proceedings before the HCJ had lacked impartiality and independence; given the way in which the HCJ was composed and alleged conflicts of interest. Additionally, Mr. Volkov claimed that he was a victim of political corruption.
Read MoreSarban v Republic of Moldova: violations of the applicant's rights to liberty and security
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Mr. Sarban was detained in the remand centre of the Centre for Fighting Economic Crime and Corruption (CFECC) between 12th November 2004 and 19th January 2005 for alleged abuse of power in relation to a purchase of 40 ambulances by the Chişinău Mayoralty. A CFECC officer later stated that the case against the applicant had been fabricated for political reasons. Mr. Sarban made numerous appeals for release based on his bad state of health, his irreproachable conduct during the investigation and the unlikelihood of his leaving the country. They were all refused by the courts.
Read MoreRace as a barrier to standing for public office: the case of Sejdic and Finci
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The case concerns two applicants of Jewish and Roma origin, who are barred by law from standing for election in the House of Peoples of the Parliamentary Assembly and for the state presidency in Bosnia and Herzegovina.
The applicants complained that, despite being fully qualified and possessing experience, they were prevented by the Constitution from standing for election for the reason of their ethnicity, which was discriminatory and breached their elective rights.
Read MorePersecution of journalism: the case of Khadija Ismayilova
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Khadija Ismayilova is a well-known Azerbaijani investigative journalist, whose work has been highly critical of the government. Due to her activities, Ms Ismayilova has been the victim of harassment, threats, a smear campaign and an unjustified prosecution. These events led to a series of judgments in her favour at the European Court of Human Rights - which remain unimplemented.
Read MorePride Marches in Moldova: The Case of Genderdoc
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In 2005 the authorities in Chișinău, Moldova, banned a march planned by an LGBT organisation, to deliberately discourage the promotion of LGBT rights. In 2012 the European Court of Human Rights held that the ban was discriminatory and breached the right to peaceful assembly (art.11 ECHR).
The case of Genderdoc is an example of how NGOs - through engagement with national authorities and submissions to the Committee of Ministers - can ensure that proper information is provided in the implementation process, that monitoring continues while it is still needed, that adequate reforms can be adopted, and that a judgment can lead to rights in practice.
Read MoreThe use of force by French police officers – the case of Boukrourou and Others
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The case concerns the death of an individual suffering from psychiatric disorders who was the victim of ill-treatment during a police operation. The Court held unanimously that there had been a violation of Article 3 of the ECHR (prohibition of inhuman or degrading treatment).
At the time of writing, the case remains open. However, no NGO communications have been submitted.
Read MoreDetention as a means of silencing human rights defenders: The case of Osman Kavala
/Osman Kavala is a Turkish philanthropist and human rights defender who has contributed to the establishment of numerous NGOs in Turkey since the 1990s. These organisations currently operate in human rights, cultural and social studies, historical reconciliation and environmental protection.
EIN is providing advice concerning the implementation process and the drafting of submissions to a number of NGOs working on Mr Kavala’s case. EIN campaigns for the immediate release of Mr Kavala and the implementation of the judgment in all of its forms.
Read MoreAccess to Legal Abortion: P. and S. v. Poland
/The Court found that, even though abortion was legal under Polish law, the victim’s access to abortion was hampered because the authorities did not comply with their obligations to enforce it in practical terms.
It has been 7 years since the judgment was made final and practical, as well as legal, deficits remain outstanding as made clear by NGOs closely following the status of implementation.
Despite a CM decision dating back to September 2018 that calls on the authorities to adopt a viable system for effective access to legal abortion, authorities are yet to put in place tangible measures to address systemic barriers and the lack of remedial and enforcement mechanisms in case of a lack of access to legal reproductive health services.
Read MoreDegrading Treatment of Migrants in Detention: M.S.S. v. Greece
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Mr M.S.S, an Afghan national, fled war-torn Kabul in early 2008 fearing for his life due to his service as an interpreter for international air force troops based in Kabul.
Upon his arrival to Greece, the authorities detained him in a limited-occupancy building where he could use the toilets only when allowed by the guards, was provided very little to eat, and slept on a dirty mattress or on the floor.
The European Court of Human Rights held that harsh detention conditions in Greece - such as overcrowding, insufficient ventilation, lack of regular access to toilets or sanitary facilities, and inadequate food - had been inhuman and degrading.
Read MoreUnlawful Detention of Asylum Seekers and Irregular Migrants: S.D. v. Greece
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S.D. is a Turkish national who had been arrested and tortured by the Turkish authorities due to his journalistic activities and political views, before fleeing the country and entering Greece irregularly.
The Court found that S.D.’s treatment in detention had been inhuman and degrading.
The Committee of Ministers examines S.D. v. Greece along with no fewer than 30 judgments brought against Greece which concern the wrongful detention of asylum seekers, failure to provide clear information, the possibility of challenging the legality of detention itself and conditions of detention.
Read MoreRasul Jafarov and the persecution of human rights defenders in Azerbaijan
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Rasul Jafarov is an Azerbaijani lawyer, human rights activist and chairman of the Human Rights Club. In 2014, he was arrested and placed in detention because of his human rights activities. This was part of a wider crackdown on independent civil society.
On the same day that the European Court of Human Rights ruled in his favour in 2016, Mr Jafarov was freed from jail. In April 2020 Mr Jafarov was issued with a full acquittal by the Azerbaijan Supreme Court, with an award of compensation. This removed the bar on him working as a lawyer and restored his right to run in elections.
Mr Jaforov is one of many ongoing victims of the persecution of human rights defenders in Azerbaijan.
Read MoreJustice for persecuted opposition politician Ilgar Mammadov
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Ilgar Mammadov is an Azerbaijani blogger, activist and political figure. After announcing his intention to run for President in 2013, Mr Mammadov was detained and prosecuted in order to silence him. Mr Mammadov won a series of cases at the European Court of Human Rights and was released in August 2018. In April 2020 Mr Mammadov was issued with a full acquittal by the Azerbaijan Supreme Court, with an award of compensation. This restored his right to run in elections.
As of April 2020, other Azerbaijani victims of political persuction identified by the European Court of Human Rights still wait for justice (including Anar Mammaldi and Intigam Aliyev). EIN continues to campaign for justice in their cases, as well reforms in Azerbaijan that would allow civil society to operate freely.
Read MoreHate crimes in Croatia and the failure to investigate
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Mr. Šemso Šečić was subjected to a physical assault by two strangers carrying wooden planks. The men shouted racist abuse during the attack, indicating a motive based on ethnic hatred for Mr Šečić ‘s Roma origin. Despite the severity and racist movitvation of the attack, the police failed to properly investigate. The case highlighted a wider problem with the failure to investigate hate crimes in Croatia.
Read MoreKillings, torture and other physical abuse carried out by Bulgarian police
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Since 2002 the European Court of Human Rights has issued over 30 judgments finding abuse carried out by Bulgarian state officials - or a failure to investigate allegations of such abuse. The majority of the cases concern deaths, torture and other ill-treatment, excessive use of force and lack of medical assistance during arrest and in custody, as well as inadequate investigations.
Read MorePolish Journalists, Editors and Politicians vulnerable to draconian defamation law
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The ECtHR has found that on numerous occasions Polish courts have issued unreasonable criminal convictions for journalists and others. This risks a chilling effect to silence public discourse in the country. The first case highlighting this problem dates back to 2010.
Read MoreThe 'missing babies' scandal
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Decades ago in Serbia, over two thousand couples in Serbia lost their newborn babies in mysterious circumstances. They were informed by hospital authorities that the babies had died: but the families were not provided with the bodies and there was no administrative trace of them being buried. The lack of evidence of any deaths indicated the involvement of a criminal gang. Decades on, some of the parents won a case at the European Court of Human Rights, which ruled that there had to be a proper investigation into the events. Seven years on from the judgment, no investigation has taken place.
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