Chamber News


Human Rights building
23/05/24

In the case of Patricolo and Others v. Italy the Court held that there had been no violation of the right to access to court in respect of the application of two applicants, as the decision to reject their appeal had not hindered their right of access to a court. It held that there has been a violation of the right to access to court in respect of the application of three applicants as the Court of Cassation had been in a transitional phase from paper-based to electronic processing, and not giving the applicants a fair chance to submit the relevant attestation at a later stage of the proceedings had gone beyond the aim of ensuring legal certainty and the proper administration of justice, and had prevented the applicants from having their case determined on the merits.

The case concerned inadmissibility decisions handed down by the Court of Cassation in the applicants’ appeals on points of law. They were given for the failure to comply with the formal requirements originally designed for paper-based processing and adapted by those court decisions to the context of documents lodged electronically before the lower courts.

Human Rights building
23/05/24

In the case of Contrada v. Italy (no. 4), the Court declared the complaint concerning the search of the applicant’s home inadmissible for failure to exhaust domestic remedies and held that there has been the Court held that there had been a violation of the right to respect for private life and correspondence with regard to the interception and transcription of the applicant’s telephone communications.

The case concerned the lawfulness of the interception of the applicant’s telephone conversations and the search of his home and other properties (measures ordered in the context of murder proceedings in which the applicant was not directly involved). The Court found that Italian law did not afford adequate and effective guarantees against abuse to individuals who had been subjected to an interception measure but who, since they were not suspected or accused of involvement in an offence, were not parties to the proceedings.

Main hearing room of the Human Rights building
21/05/24

The Court will be delivering a Chamber ruling in the case of Pietrzak and Bychawska-Siniarska and Others v. Poland on 28 May 2024.

The case concerns a complaint by five Polish nationals about Polish legislation authorising a system for secret surveillance and the retention of telecommunications, postal and digital communications data for potential use by the relevant national authorities. They allege that there is no remedy available under domestic law allowing persons who believe that they have been subjected to secret surveillance to complain about that fact, and to have its lawfulness reviewed.

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16/05/24

In the case of Domenjoud v. France, the Court held that there had been no violation of freedom of movement in respect of Cédric Domenjoud, and that there had been a violation of freedom of movement in respect of Joël Domenjoud.

The case concerned home-curfew orders issued against two French nationals, Cédric and Joël Domenjoud, on the basis of state-of-emergency legislation. The measures were taken in the context of the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (“COP21”).

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Delivered Judgments and Decisions


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Forthcoming Judgments & Decisions


Grand Chamber News


Grand Chamber file
17/04/24

The Chamber to which the case C.O.C.G. and Others v. Lithuania had been allocated has relinquished jurisdiction in favour of the Grand Chamber.

The case concerns four Cuban nationals and their repeated attempts to enter Lithuania by crossing the border with Belarus. The applicants submit that on each attempt Lithuanian border guards pushed them back, at gunpoint, into Belarusian territory, without giving them an opportunity to submit asylum applications. They have eventually entered Lithuania and have been apprehended. The case also concerns their subsequent deprivation of liberty in a centre for asylum seekers.

Main hearing room of the Human Rights building
09/04/24

On 8 April 2024, the Grand Chamber panel of five judges decided to reject all ten requests for referral to the Grand Chamber.

Hearings


Main hearing room of the HUman Rights building
23/05/24

The Court will be holding a Chamber hearing in the cases of G.R.J. v. Greece and A.E. v. Greece on 4 June 2024.

The cases concern the alleged “pushback” of two applicants from Greece to Türkiye without prior proceedings.

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15/05/24

The Court held a Grand Chamber hearing in the case of Semenya v. Switzerland.

The case concerns an international-level athlete, specialising in middle-distance races, who complained about certain regulations of the International Association of Athletics Federations (IAAF – now called World Athletics) requiring her to take hormone treatment to decrease her natural testosterone level in order to be able to take part in international competitions in the female category. Having refused to undergo the treatment, she was no longer able to take part in international competitions.

Decisions


Palais des droits de l'homme
23/05/24

La Cour a déclaré irrecevable la requête dans l’affaire Amar c. France.

L’affaire concernait des procédures disciplinaires dirigées contre le requérant, alors vice-procureur du Parquet national financier, qui avait été chargé de travailler sur plusieurs procédures visant l’ancien Président de la République, Nicolas Sarkozy, notamment pour corruption d’un magistrat de la Cour de cassation. Le 26 mars et le 21 avril 2021, le Premier ministre saisit le Conseil supérieur de la magistrature (CSM) d’une plainte disciplinaire dirigée contre le requérant pour des manquements allégués à ses obligations déontologiques.

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16/05/24

In the case of Mikyas and Others v. Belgium, the Court has, by a majority, declared the application inadmissible. The decision is final.

The case concerned three young women who identify as Muslims. They complained that they were unable to wear the Islamic headscarf in their secondary schools (except during religious education classes), following the prohibition on wearing any visible symbols of one’s beliefs in the official education system of the Flemish Community.

Communication of cases


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29/04/24

The Court has communicated to the Government of Türkiye another five cases covering 1,000 applications concerning convictions for membership of an armed terrorist organisation, based on the alleged use of the encrypted messaging application called ByLock.

The background to these applications, and 1,000 others notified in December 2023, was set out by the Court’s Grand Chamber case Yüksel Yalçınkaya v. Türkiye. The core issues raised by the applicants concern no punishment without law and the right to a fair trial that have already been judged in this case.

Other News


23/05/24

On 21-23 May 2024, President Síofra O’Leary paid an official visit to the Republic of Moldova. During the visit, she participated in the XIXth Congress of the Conference of European Constitutional Courts, in Chișinău, where she was greeted by Maia Sandu, President of the Republic of Moldova, and delivered an opening speech. She also took part in bilateral meetings with Igor Grosu, President of the Parliament, Domnica Manole, President of the Constitutional Court, and Veronica Mihailov-Moraru, Minister of Justice, and delivered a keynote speech at the National Institute of the Judiciary. President O’Leary was accompanied by Diana Sârcu, Judge elected in respect of the Republic of Moldova, and Abel Campos, Deputy Registrar of the Court.

21/05/24

The Court has refused to grant interim measures in the case of Alsace Nature and Others v. France.

The application concerned a request to suspend a project for the permanent underground storage, in Wittelsheim, of hazardous waste that is liable to contaminate the groundwater in the Alsace region.

16/05/24

On 16 May 2024, Jennifer Carroll MacNeill, Minister of State at the Department of the Taoiseach and the Department of Foreign Affairs of Ireland, with special responsibility for EU Affairs, and Minister of State at the Department of Defence of Ireland, visited the Court and was received by President Síofra O’Leary. Abel Campos, Deputy Registrar of the Court, also attended the meeting.