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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419-app1 |
2 December 2021 |
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1419th meeting, 30 November – 2 December 2021 (DH)
Consolidated indicative list of cases for the 1428th meeting (8-10 March 2022) (DH) adopted at the 1419th meeting Appendix 1 |
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C. Examination of cases at the 1428th meeting |
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Case |
State |
Application |
Judgment final on |
Violation |
Link to the last decision |
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1 |
SHARXHI AND OTHERS |
ALBANIA |
10613/16 |
28/05/2018 |
Demolition of the applicants’ flats and business premises in disregard of an interim court order restraining the authorities from taking any action that could breach property rights |
First examination Case under standard procedure |
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2 |
CHIRAGOV AND OTHERS |
ARMENIA |
13216/05 |
16/06/2015 |
Impossibility for persons displaced during the Nagorno-Karabakh conflict to gain access in 1992 to their homes and properties in the region; lack of effective remedies. |
March 2020 September 2021 |
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3 |
VIRABYAN GROUP |
ARMENIA |
40094/05 |
02/01/2013 |
Torture in police custody and killing during the arrest operation and ineffective investigations, including into allegations that the ill-treatment was politically motivated. |
March 2020 |
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4 |
MAMMADLI GROUP |
AZERBAIJAN |
47145/14 |
19/07/2018 |
Arrest and pre-trial detention to punish the applicants for his activities in the area of electoral monitoring (Mammadli) or for their active social and political engagement (Rashad Hasanov and Others) in breach of Article 18 taken in conjunction with Article 5. |
November - December 2021 |
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5 |
SARGSYAN |
AZERBAIJAN |
40167/06 |
16/06/2015 |
Impossibility for persons displaced during the Nagorno-Karabakh conflict to gain access in 1992 to their homes and properties in the region; lack of effective remedies. |
March 2020 September 2021 |
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6 |
SEJDIĆ AND FINCI GROUP |
BOSNIA AND HERZEGOVINA |
27996/06 |
22/12/2009 |
Ethnic-based discrimination on account of the ineligibility of persons not affiliated with one of the “constituent peoples” (Bosniaks, Croats or Serbs) to stand for election to the House of Peoples and the Presidency. |
November - December 2021 |
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7 |
UNITED MACEDONIAN ORGANISATION ILINDEN AND OTHERS GROUP |
BULGARIA |
59491/00 |
19/04/2006 |
Unjustified refusals by the courts to register an association aiming at achieving "the recognition of the Macedonian minority in Bulgaria". |
June 2021 |
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8 |
LYUBOMIR POPOV GROUP SIVOVA AND KOLEVA GROUP MUTISHEV AND OTHERS TOMOV AND NIKOLOVA |
BULGARIA |
69855/01 30383/03 18967/03 50506/09 |
07/04/2010 04/06/2012 03/03/2010 21/10/2016 |
Unjustified delays in complying with judgments and administrative decisions concerning the restitution of agricultural land nationalised during the communist period or providing compensation thereof. Deprivation of property in breach of the principle of legal certainty and without any compensation, on the basis of restitution legislation. |
First examination Cases under standard procedure |
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9 |
M.A. GROUP |
FRANCE |
9373/15 |
02/07/2018 |
Expulsion to Algeria in presence of a real and serious risk of ill-treatment (M.A.) and failure to comply with the Court’s interim measure (M.A. and A.S. cases). |
June 2021 |
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10 |
MOUSTAHI |
FRANCE |
9347/14 |
25/09/2020 |
Detention and rapid return of two foreign unaccompanied minors from Mayotte to the Comoros, without an examination of their individual situation |
June 2021 |
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11 |
MERABISHVILI |
GEORGIA |
72508/13 |
28/11/2017 |
Failure of the domestic courts to give sufficiently reasoned decisions for the continued pre-trial detention of the applicant, a former Prime Minister and Minister of the Interior, and use of the pre-trial detention during this period by the Chief Public Prosecutor for the illegitimate purpose of pressurising the applicant into providing information on matters unrelated to the criminal case against him. |
September 2021 |
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12 |
TSINTSABADZE GROUP |
GEORGIA |
35403/06 |
18/03/2011 |
Lack of effective investigations into allegations of ill-treatment or violations of the right to life; excessive use of force by the police in the course of arrest and/or while detaining suspects. |
December 2020 |
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13 |
NISIOTIS GROUP |
GREECE |
34704/08 |
20/06/2011 |
Prison overcrowding and other poor conditions in prison. Lack of effective remedy |
December 2020 |
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14 |
BAKA |
HUNGARY |
20261/12 |
23/06/2016 |
Lack of access to a court as regards the premature termination of the applicant’ s mandate as President of the Supreme Court which also led to a violation of his right to freedom of expression. |
September 2021 |
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15 |
SZABO AND VISSY |
HUNGARY |
37138/14 |
06/06/2016 |
Absence of sufficient guarantees against abuse in legislation on secret surveillance |
December 2017 |
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16 |
GUÐMUNDUR ANDRI ÁSTRÁÐSSON |
ICELAND |
26374/18 |
01/12/2020 |
Irregularities in the appointment process of judges to the newly established Court of Appeal. |
First examination |
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17 |
TERNA |
ITALY |
21052/18 |
14/04/2021 |
Systemic problem of the authorities’ failure to make adequate and sufficient efforts to ensure respect of the applicant's visiting rights. |
First examination |
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18 |
R.V. AND OTHERS |
ITALY |
37748/13 |
18/10/2019 |
Shortcomings in the legal framework regulating children placement into public care. Childcare measures in respect of the applicant’s two children were kept in force for over ten years. |
First examination |
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19 |
ABU ZUBAYDAH |
LITHUANIA |
46454/11 |
08/10/2018 |
Various violations related to the secret detention and "extraordinary rendition” of the applicant. As a result, the applicant is exposed to continued arbitrary detention and ill-treatment at the United States Naval Base in Guantanamo Bay. |
September 2021 |
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20 |
GALEA AND PAVIA |
MALTA |
77209/16 |
11/06/2020 |
Excessive length of criminal proceedings and of constitutional redress proceedings and lack of effective remedies |
First examination |
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21 |
AL NASHIRI GROUP |
POLAND |
28761/11 |
16/02/2015 |
Various violations related to the secret detention and "extraordinary rendition” of the applicant. As a result, the applicant was exposed to a serious risk of further ill-treatment and conditions of detention in breach of Article 3 as well as of further secret detention. He faces a risk of capital punishment in a trial before a United States military commission in which, according to the European Court's judgment, evidence obtained under torture might be used. |
September 2021 |
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22 |
AL NASHIRI |
ROMANIA |
33234/12 |
08/10/2018 |
Various violations related to the secret detention and "extraordinary rendition” of the applicant. As a result, the applicant was exposed to a serious risk of further ill-treatment and conditions of detention in breach of Article 3 as well as of further secret detention. He faces a risk of capital punishment in a trial before a United States military commission in which, according to the European Court's judgment, evidence obtained under torture might be used. |
September 2021 |
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23 |
N. |
ROMANIA |
59152/08 |
28/02/2018 |
Unlawful psychiatric confinement as a security measure and deficiencies in the judicial review proceedings regarding the applicant’s continued confinement. |
September 2021 |
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24 |
SĂCĂLEANU GROUP[1] |
ROMANIA |
73970/01 |
06/12/2005 |
Failure or substantial delay in the enforcement of final domestic judicial decisions against the State and State-owned enterprises. |
March 2021 |
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25 |
CATAN AND OTHERS GROUP |
RUSSIAN FEDERATION |
43370/04+ |
19/10/2012 |
Violation of the right to education of children and parents using Latin-script schools in the Transnistrian region of the Republic of Moldova. |
November-December 2021 |
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26 |
GEORGIA (I) |
RUSSIAN FEDERATION |
13255/07 |
03/07/2014 31/01/2019 |
Various violations related to the arrest, detention and collective expulsion from the Russian Federation of Georgian nationals in 2006-2007. |
November-December 2021 |
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27 |
LASHMANKIN AND OTHERS GROUP |
RUSSIAN FEDERATION |
57818/09+ |
29/05/2017 |
Different violations mainly related to the right to freedom of peaceful assembly (reactions to notifications of planned assemblies, reactions to peaceful assemblies, unlawful arrests). |
June 2021 |
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28 |
NAVALNYY AND OFITSEROV NAVALNYYE |
RUSSIAN FEDERATION |
46632/13+ 101/15 |
04/07/2016 05/03/2018 |
Criminal convictions based on an unfair trial and an arbitrary application of criminal law (violations of Articles 6 and 7). |
November-December 2021 |
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29 |
TOMOV AND OTHERS GROUP |
RUSSIAN FEDERATION |
18255/10 |
09/07/2019 |
Transport of detained in poor conditions. |
March 2021 |
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30 |
OAO NEFTYANAYA KOMPANIYA YUKOS |
RUSSIAN FEDERATION |
14902/04 |
08/03/2012 15/12/2014 |
Violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007. |
September 2021 |
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31 |
PICHUGIN CASES (KLYAKHIN GROUP) |
RUSSIAN FEDERATION |
38958/07 38623/03 |
06/06/2017 18/03/2013 |
Various problems relating to pre-trial detention. |
September 2021 |
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32 |
JEVREMOVIĆ GROUP |
SERBIA |
3150/05 |
17/10/2007 |
Excessive length of judicial proceedings and lack of an effective remedy. |
March 2020 |
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33 |
ALPARSLAN ALTAN GROUP |
TURKEY |
12778/17 |
09/09/2019 |
Unjustified detention of the applicants (judges) without reasonable suspicion and through extensive interpretation of the concept of in flagrante delicto. |
First examination |
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34 |
CYPRUS v. TURKEY |
TURKEY |
25781/94 |
10/05/2001 12/05/2014 |
14 violations in relation to the situation in the northern part of Cyprus (missing persons). |
March 2021 |
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35 |
KAVALA |
TURKEY |
28749/18 |
12/05/2020 |
Unjustified and extended detention of the applicant without reasonable suspicion and with the ulterior purpose of reducing him to silence. |
November-December 2021 |
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36 |
ÖNER AND TÜRK GROUP NEDİM ŞENER GROUP ALTUĞ TANER AKÇAM GROUP ARTUN AND GUVENER GROUP IŞIKIRIK GROUP |
TURKEY |
51962/12 38270/11 27520/07 75510/01 41226/09 |
30/06/2015 08/10/2014 25/01/2012 26/09/2007 09/04/2018 |
Unjustified interferences with freedom of expression, in particular through criminal proceedings, including defamation, and the consequent chilling effect. Unforeseeable conviction of membership of an illegal organisation for the mere fact of attending a public meeting and expressing views there. |
June 2021 |
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37 |
SELAHATTİN DEMİRTAŞ (No 2) |
TURKEY |
14305/17 |
22/12/2020 |
Unjustified detention of the applicant without reasonable suspicion that he had committed an offence, with the ulterior purpose of stifling pluralism and limiting freedom of political debate; unforeseeable lifting of parliamentary immunity and subsequent criminal proceedings to penalise the applicant for political speech. |
November-December 2021 |
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38 |
VARNAVA AND OTHERS |
TURKEY |
16064/90+ |
18/09/2009 |
Lack of effective investigation into the fate of nine Greek Cypriots who disappeared during the military operations undertaken by Turkey in Cyprus in 1974. |
March 2021 |
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39 |
KAVERZIN, AFANASYEV GROUP, BELOUSOV |
UKRAINE |
23893/03 38722/02 4494/07 |
15/08/2012 05/07/2005 07/02/2014 |
Ill-treatment/torture by police and lack of effective investigations. |
March 2021 |
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40 |
FEDORCHENKO AND LOZENKO GROUP |
UKRAINE |
387/03 |
20/12/2012 |
Failure to carry out effective investigations into violent into violent acts against the applicants, including into the possible motives of racial or religious hatred behind the attacks. |
June 2020 |
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41 |
GONGADZE |
UKRAINE |
34056/02 |
08/02/2006 |
Killing of a journalist and lack of effective investigation. |
December 2020 |
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42 |
YURIY NIKOLAYEVICH IVANOV ZHOVNER GROUP BURMYCH AND OTHERS |
UKRAINE |
40450/04 56848/00 46852/13+ |
15/01/2010 29/09/2004 Grand Chamber (Striking out) |
Non-enforcement of domestic court decisions against the State or state-owned enterprises. |
September 2021 |
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43 |
McKERR GROUP |
UNITED KINGDOM |
28883/95 |
04/05/2001 |
Actions of security forces in Northern Ireland in the 1980s and 1990s; failure to conduct Article 2 - compliant investigations. |
November-December 2021 |
[1] This group includes the case of S.C. Polyinvest S.R.L. and others and five other similar cases (see the Notes CM/Notes/1419/H46-28).