Austria
17.1.2017
J and Others v. Austria, no. 58216/12
ARTICLE 4
Article 4 § 1
Trafficking in human beings, positive obligations
Decision of prosecutor not to pursue investigation into alleged human trafficking offences committed abroad by non-nationals: no violation
Bosnia and Herzegovina
27.6.2017
Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina [GC], no. 17224/11
ARTICLE 10
Freedom of expression
NGOs bound by requirement to verify factual statements defamatory of private individuals: no violation
Bulgaria
12.5.2017
Simeonovi v. Bulgaria [GC], no. 21980/04
ARTICLE 6
Article 6 § 1
Fair hearing
Article 6 § 3 (c)
Defence through legal assistance
Lack of access to lawyer during first three days of police custody not affecting overall fairness of the trial: no violation
Croatia
28.3.2017
Škorjanec v. Croatia, no. 25536/14
ARTICLE 3
Positive obligations (procedural aspect)
Failure to investigate racially motivated act of violence against victim by association: violation
Czech Republic
19.9.2017
Regner v. the Czech Republic [GC], no. 35289/11
ARTICLE 6
Article 6 § 1 (administrative)
Fair hearing Adversarial trial Equality of arms
Lack of access to classified information constituting decisive evidence in judicial-review proceedings: Article 6 applicable; no violation
Finland
27.6.2017
Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland [GC], no. 931/13
ARTICLE 10
Freedom to impart information
Order restraining mass publication of tax information: no violation
France
6.4.2017
A.P., Garçon and Nicot v. France, nos. 79885/12 and 2 others
ARTICLE 8
Respect for private life Positive obligations
Legal requirements for rectification of civil status for transgender persons: violation; no violations
Greece
30.03.2017
Chowdury and Others v. Greece, no. 21884/15
ARTICLE 4
Trafficking in human beings, forced labour, positive obligations
Inadequate response to human-trafficking through exploitation of vulnerability of unauthorised migrant workers: violation
Hungary
5.9.2017
Fábián v. Hungary [GC], no. 78117/13
ARTICLE 14
Discrimination (Article 1 of Protocol No.1)
Difference in entitlement to continued payment of State pension for pensioners employed in civil service and pensioners employed in private sector: no violation
ARTICLE 1 OF PROTOCOL No. 1
Peaceful enjoyment of possessions
Suspension of State pension for pensioner employed in the civil service: no violation
14.9.2017
Károly Nagy v. Hungary [GC], no. 56665/09
ARTICLE 6
Article 6 § 1 (civil)
Access to court
Supreme Court ruling that civil courts had no jurisdiction to hear pastor’s claim for wrongful dismissal by church: Article 6 not applicable; inadmissible
Italy
24.1.2017
Paradiso and Campanelli v. Italy [GC], no. 25358/12
ARTICLE 8
Respect for private life
Removal of a child born abroad as a result of a surrogacy arrangement entered into by a couple later found to have no biological link with the child: no violation
23.2.2017
De Tommaso v. Italy [GC], no. 43395/09
ARTICLE 5
Article 5 § 1
Deprivation of liberty
Imposition of preventive measures entailing restrictions on freedom of movement on individual considered to be a danger to society: Article 5 not applicable
Article 6 § 1 (civil)
Civil rights and obligations, Public hearing
Imposition of preventive measures without public hearing: Article 6 applicable; violation
ARTICLE 2 OF PROTOCOL No. 4
Article 2 § 1
Freedom of movement
Lack of clarity of Italian legislation regarding imposition of “special police supervision” orders on persons considered a danger to society: violation
The Netherlands
25.7.2017
M v. the Netherlands, no. 2156/10
ARTICLE 6
Article 6 § 3 (b)
Access to relevant files
Restrictions on defence access to classified information: no violation
Article 6 § 3 (c)
Defence through legal assistance
Restrictions on divulgation by accused of classified information to his defence counsel: violation
Article 6 § 3 (d)
Examination of witnesses
Restrictions on access to classified information defence wished to use to examine witnesses: no violation
Portugal
11.7.2017
Moreira Ferreira v. Portugal (no. 2) [GC], no. 19867/12
ARTICLE 6
Article 6 § 1 (Criminal)
Criminal charge Access to court Fair hearing
Complaint about refusal by domestic court to re-open criminal proceedings following finding of a violation of Article 6 by European Court: admissible
Refusal by Supreme Court of request for revision of a criminal judgment further to a judgment of European Court finding a violation of Article 6: no violation
25.7.2017
Carvalho Pinto de Sousa Morais v. Portugal, no. 17484/15
ARTICLE 14
Discrimination (Article 8)
Reduction in damages award on grounds of sex and age of claimant: violation
Romania
5.9.2017
Bărbulescu v. Romania [GC], no. 61496/08
ARTICLE 8
Respect for private life Respect for correspondence
Monitoring of an employee’s use of the Internet at his place of work and use of data collected to justify his dismissal: violation
Russia
24.1.2017
Khamtokhu and Aksenchik v. Russia [GC], nos. 60367/08 and 961/11
ARTICLE 14
Discrimination (Article 5)
Alleged discrimination in provisions governing liability to life imprisonment: no violations
13.4.2017
Tagayeva and Others v. Russia, nos. 26562/07 and 6 others
ARTICLE 2
Use of force Positive obligations (substantive aspect) Effective investigation Positive obligations (procedural aspect)
Breach of State’s obligations to protect life during hostage taking crisis in Beslan in 2004 and lack of effective investigation: violations
ARTICLE 13
Effective remedy
Special importance of compensation and access to information under Article 13: no violation
ARTICLE 46
Execution of judgment – general measures Execution of judgment – individual measures
Respondent State to take measures to ensure adequate legal framework for use of lethal force during security operations
30.5.2017
Davydov and Others v. Russia, no. 75947/11
ARTICLE 3 OF PROTOCOL NO. 1
Free expression of the opinion of the people
Failure by domestic authorities to adequately investigate complaints of serious electoral irregularities: violation
20.6.2017
Bayev and Others v. Russia, nos. 67667/09 and 2 others
ARTICLE 10
Freedom of expression
Legislative prohibition on the promotion of homosexuality among minors reinforcing stigma and prejudice and encouraging homophobia: violation
ARTICLE 14
Discrimination (Article 10)
Unjustified difference in treatment between heterosexual majority and homosexual minority: violation
Switzerland
10.1.2017
Osmanoğlu and Kocabaş v. Switzerland, no. 29086/12
ARTICLE 9
Manifest religion or belief
Imposition of fine on parents for refusing, on religious grounds, to allow their daughters to attend compulsory mixed swimming lessons at their primary school: no violation
Turkey
4.4.2017
Güzelyurtlu and Others v. Cyprus and Turkey, no. 36925/07
ARTICLE 2
Effective investigation Positive obligations (procedural aspect)
Failure of Turkish and Cypriot authorities to cooperate in murder investigation: violations
United Kingdom
17.1.2017
Hutchinson v. the United Kingdom [GC], no. 57592/08
ARTICLE 3
Inhuman or degrading punishment
Continued detention under whole life order following clarification of Secretary of State’s powers to order release: no violation
13.6.2017
Moohan and Gillon v. the United Kingdom (dec.), nos. 22962/15 and 23345/15
ARTICLE 35
Article 35 § 3 (a)
Competence ratione materiae
Referendum on Scottish Independence did not fall within scope of Article 3 of Protocol No. 1: inadmissible
15.6.2017
Harkins v. the United Kingdom (dec.) [GC], no. 71537/14
ARTICLE 35
Article 35 § 2 (b)
Matter already examined by the Court
Development in Court’s jurisprudence did not constitute “relevant new information” for purposes of Article 35 § 2 (b): inadmissible
