table of contents · failure to allocate radiofrequencies to licensed television broadcaster:...
TRANSCRIPT
List of cases selected for publication in Reports of Judgments and Decisions 2012
List of cases selected for publication in Reports of Judgments and Decisions
20121
[Updated June 2013]
Notes on citation
Cases are listed alphabetically by applicant and by respondent State
By default all references are to Chamber judgments Grand Chamber cases whether judgments or decisions are indicated by ldquo[GC]rdquo Decisions are indicated by ldquo(dec)rdquo
The volume composition for the years 2012 has not yet been determined Until further notice cases of 2012 may be cited simply by indicating the year of publication eg ECHR 2012 without adding a volume number For further information on the manner of citing the Courtrsquos case-law please see here
The Court reserves the right to report some or all of the judgments and decisions listed below in the form of extracts The full original language version or versions of any such judgment or decision will remain available for consultation in the HUDOC database
Table of Contents
I Cases listed alphabetically by applicant 2
II Cases listed alphabetically by respondent State 10
1 List approved by the Bureau following recommendation by the Courtrsquos Jurisconsult
List of cases selected for publication in Reports of Judgments and Decisions 2012
2
I Cases listed alphabetically by applicant
A
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1532012
Austin and Others v United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
B
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1 (civil)Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
C
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
3
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
D
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
9102012
Djokaba Lambi Longa v the Netherlands (dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
E
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10 sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
4
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
F
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
G
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
5
H
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
K
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
2
I Cases listed alphabetically by applicant
A
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1532012
Austin and Others v United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
B
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1 (civil)Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
C
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
3
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
D
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
9102012
Djokaba Lambi Longa v the Netherlands (dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
E
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10 sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
4
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
F
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
G
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
5
H
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
K
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
3
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
D
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
9102012
Djokaba Lambi Longa v the Netherlands (dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
E
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10 sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
4
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
F
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
G
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
5
H
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
K
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
4
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
F
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
G
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
5
H
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
K
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
5
H
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
K
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
6
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
M
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
N
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
7
O
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14 Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
P
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
S
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
8
Procedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
9
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
V
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
X
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
10
II Cases listed alphabetically by respondent State
Armenia
1662012
Poghosyan and Baghdasaryan v Armenia no 2299906
ARTICLE 3 OF PROTOCOL No 7CompensationInability of victim of miscarriage of justice to claim compensation in respect of non-pecuniary damage violation
ARTICLE 13Effective remedyInability to claim compensation in respect of non-pecuniary damage sustained as a result of ill-treatment by the police violation
Bulgaria
1712012
Stanev v Bulgaria [GC] no 3676006
ARTICLE 3Degrading treatment Living conditions in a social care home for persons with mental disorders violation
ARTICLE 5Article 5 sect 1Deprivation of libertyLawfulness of placement in a social care home for persons with mental disorders violationProcedure prescribed by law Lawfulness of placement in a social care home for persons with mental disorders violationArticle 5 sect 4Take proceedings Lack of remedies to challenge lawfulness of placement in a social care home for persons with mental disorders violation
ARTICLE 6Article 6 sect 1 (civil)Access to court Lack of direct access to court for person seeking restoration of his legal capacity violation
ARTICLE 13Effective remedyLack of remedies to obtain compensation for poor living conditions in a social care home for persons with mental disorders violation
ARTICLE 46General measures Respondent State required to take general measures to ensure effective access to court for persons seeking restoration of their legal capacity
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
11
13112012
Hristozov and Others v Bulgaria nos 4703911 and 35812
ARTICLE 2Positive obligations
LifeRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
ARTICLE 3Positive obligationsRefusal to allow the use of an unauthorised experimental drug for medical treatment no violation
27112012
Stamose v Bulgaria no 2971305
ARTICLE 2 OF PROTOCOL No 4Article 2 sect 2Freedom to leave a countryBan on travelling abroad following breach of immigration rules of a third-party State violation
Croatia
2472012
Dordevic v Croatia no 4152610
ARTICLE 3Positive obligationsViolent and persistent harassment of a disabled person by neighbourhood children violation
Finland
372012
X v Finland no 3480604
ARTICLE 5Article 5 sect 1 c)Persons of unsound mindForced confinement in a mental institution violation
ARTICLE 8Article 8 sect 1Respect for private lifeForced administration of therapeutic drugs in mental institution violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
12
France
1532012
Gas and Dubois v France no 2595107
ARTICLE 14DiscriminationRefusal of simple adoption order in favour of homosexual partner of biological mother no violation
762012
Segame SA v France no 483706
ARTICLE 6Article 6 sect 1 (criminal)Access to courtInability for domestic courts to adjust rate of administrative fine set by law no violation
6122012
Michaud v France no 1232311
ARTICLE 8Private lifeCorrespondenceObligation on lawyers to report suspected money laundering by clients unless suspicions based on information obtained when acting for client in court proceedings no violation
13122012
De Souza Ribeiro v France [GC] no 2268907
ARTICLE 13Effective remedyEnforcement of deportation order within fifty minutes after court application for stay of execution was lodged violation
Germany
722012
Von Hannover v Germany (no 2) [GC] no 4066008
ARTICLE 8Positive obligations Article 8 sect 1Respect for private lifeRefusal of domestic courts to issue injunction restraining further publication of a photograph of a famous couple taken without their knowledge no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
13
Greece
1532012
Sitaropoulos and Giakoumopoulos v Greece [GC] no 4220207
ARTICLE 3 OF PROTOCOL No 1Vote Lack of legislation covering procedure for Greek nationals resident overseas to vote in parliamentary elections no violation
Italy
2322012
Hirsi Jamaa and Others v Italy [GC] no 2776509
ARTICLE 3Expulsion Return of migrants intercepted on the high seas to country of departure violation
ARTICLE 13Effective remedyLack of remedies available for migrants intercepted on the high seas and returned to country of departure violation
ARTICLE 4 OF PROTOCOL No 4Prohibition of collective expulsion of aliensReturn of migrants intercepted on the high seas to country of departure Article 4 of Protocol No 4 applicable violation
632012
Gagliano Giorgi v Italy no 2356307
ARTICLE 35Article 35 sect 3 b)No significant disadvantageReduction of prison sentence in length-of-criminal-proceedings case inadmissible
762012
Centro Europa 7 SRL and di Stefano v Italy [GC] no 3843309
ARTICLE 10Positive obligationsArticle 10 sect 1Freedom to impart informationFailure to allocate radiofrequencies to licensed television broadcaster violation
342012
Francesco Sessa v Italy no 2879008
ARTICLE 9Article 9 sect 1Freedom of religionRefusal to adjourn a hearing scheduled on a Jewish holiday no violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
14
Luxembourg
342012
Boulois v Luxembourg [GC] no 3757504
ARTICLE 6Article 6 sect 1Civil rights and obligationsPrison boardrsquos repeated refusal with no right of appeal to the administrative courts to grant prisoner temporary leave no violation
Moldova
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
Russia
2232012
Konstantin Markin v Russia [GC] no 3007806
ARTICLE 14Discrimination (Article 8) Difference in treatment between male and female military personnel regarding rights to parental leave violation
19102012
Catan and Others v Moldova and Russia [GC] nos 4337004 825205 and 1845406ARTICLE 1Jurisdiction of statesJurisdiction of Moldovan and Russian Governments in relation to educational policy within separatist region of the Republic of Moldova
ARTICLE 2 OF PROTOCOL No 1Respect for parents philosophical convictions
Right to educationClosure of schools teaching in Latin script and harassment of pupils wishing to be educated in their national language violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
15
Slovenia
2662012
Kurić and Others v Slovenia [GC] no 2682806
ARTICLE 8Article 8 sect 1Respect for family life
Respect for private lifeFailure to regulate residence of persons who had been ldquoerasedrdquo from the permanent residents register following Slovenian independence violation
ARTICLE 46Pilot judgment
General measuresRespondent State required to set up a compensation scheme securing adequate redress to ldquoerasedrdquo persons
Switzerland
1372012
Mouvement raeumllien suisse v Switzerland [GC] no 1635406
ARTICLE 10Article 10 sect 1Freedom of expressionBan of poster in public space on grounds of displayers immoral activity and reference to proselytising website no violation
1292012
Nada v Switzerland [GC] no 1059308
ARTICLE 1Jurisdiction of StatesJurisdiction in relation to resident of enclaved area who was effectively prevented from travelling as a result of respondent States implementation of UN Security Council Resolution
ARTICLE 5Article 5 sect 1Deprivation of libertyProhibition on travel through country surrounding enclave inadmissible
ARTICLE 8Article 8 sect 1Respect for private life
Respect for family lifeProhibition under legislation implementing UN Security Council Resolutions on travel through country surrounding enclave violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
16
The Netherlands
9102012
Djokaba Lambi Longa v the Netherlands(dec) no 3391712
ARTICLE 1Jurisdiction of statesJurisdiction in relation to detention in the United Nations Detention Unit (The Hague) of a Congolese remand prisoner who was transferred to the custody of the International Criminal Court inadmissible
Turkey
1532012
Aksu v Turkey [GC] nos 414904 and 4102904
ARTICLE 8Article 8 sect 1Respect for private lifePublications allegedly insulting to the Roma community no violation
1052012
Oumlzguumlrluumlk ve Dayanışma Partisi (OumlDP) v Turkey no 781903
ARTICLE 14Discrimination (article 3 of Protocol No 1)Refusal of financial aid to political party on grounds that it had not received the statutory minimum number of votes (7) required to be eligible for aid no violation
2592012
Eğitim ve Bilim Emekccedilileri Sendikasi v Turkey no 2064105
ARTICLE 10Article 10sect 1Freedom of expressionRefusal to allow trade union to campaign for education in a mother tongue other than the national language violation
ARTICLE 11Article 11 sect 1Freedom of associationApplication for trade unions dissolution for supporting right to education in a mother tongue other than the national language violation
18122012
Ahmet Yildirim v Turkey no 311110
ARTICLE 10Freedom of expressionInterim court order incidentally blocking access to host and third-party websites in addition to website concerned by proceedings violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation
List of cases selected for publication in Reports of Judgments and Decisions 2012
17
ldquoThe Former Yugoslav Republic of Macedoniardquo
1942012
Sašo Gorgiev v the former Yugoslav Republic of Macedonia no 4938206
ARTICLE 2Positive obligationsArticle 2 sect 1LifeNon-fatal shooting of a waiter by police officer on unauthorised leave of absence violation
13122012
El-Masri v the former Yugoslav Republic of Macedonia [GC] no 3963009
ARTICLE 3Torture
Inhuman treatment
Degrading treatment
Effective investigation
ExtraditionTorture and inhuman and degrading treatment during and following applicantrsquos extraordinary rendition to CIA violation
ARTICLE 5Article 5 sect 1Lawful arrest or detentionDetention during and following operation involving extraordinary rendition to CIA violation
United Kingdom
1712012
Othman (Abu Qatada) v the United Kingdom no 813909
ARTICLE 6ExpulsionArticle 6-1 (criminal)Fair hearingReal risk of evidence obtained by torture of third parties being admitted at the applicantrsquos retrial deportation would constitute a violation
Article 3ExpulsionDetailed assurances from receiving State that high-profile Islamist would not be ill-treated if returned to Jordan deportation would not constitute a violation1532012
Austin and Others v the United Kingdom [GC] nos 3969209 4071309 and 4100809
ARTICLE 5Article 5 sect 1Deprivation of libertyContainment of peaceful demonstrators within a police cordon for over seven hoursArticle 5 not applicable violation