SECRETARIAT / SECRÉTARIAT
SECRETARIAT OF THE COMMITTEE OF MINISTERS
SECRÉTARIAT DU COMITÉ DES MINISTRES
Contact: Zoë Bryanston-Cross
Tel: 03.90.21.59.62
Date: 07/12/2021
DH-DD(2021)1189E
Document distributed at the request of the: |
Secretariat |
Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. |
Meeting: |
1419th meeting (December 2021) (DH) |
Item reference: |
Table of cases and groups of cases under enhanced supervision |
* * * * * * * * * * *
No. |
State |
Name |
Information on the case |
Main problem (cases may also raise other problems dealt with in other cases/groups) |
Violations |
1. |
Albania |
LULI and others (64480/09) final on: 01/07/2014 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in January 2021 |
Excessive length of civil proceedings and absence of a remedy in that respect |
Art. 6§1 and Article 13, Article 6, Art. 1 Prot. 1 |
2. |
Albania |
STRAZIMIRI (34602/16) final on: 21/05/2020 Structural problem |
Previous DH meeting: 1411 (September 2021) Last information received in July 2021 |
Inhuman and degrading treatment of a person suffering from mental health problems due to poor living conditions and failure to ensure adequate therapy; unlawful detention in an inadequate (penitentiary) institution without proper psychiatric treatment; failure to examine speedily proceedings on detention; absence of right to compensation for unlawful detention |
Article 3, Article 5 §§ 1, 4 and 5 |
3. |
Armenia |
ASHOT HARUTYUNYAN (34334/04) final on: 15/09/2010 Complex problem |
Previous DH meeting: 1406 Last information received in: |
Inadequate medical care in detention |
Article 3 |
4. |
Armenia |
CHIRAGOV AND OTHERS (13216/05) final on: 16/06/2015, 12/12/2017 (Article 41) Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in December 2019 |
Impossibility for persons displaced during the Nagorno-Karabakh conflict to gain access to their homes and properties in the region; lack of effective remedies |
Continuing violations of Article 1 of P 1, Articles 8, 13 |
5. |
Armenia |
MURADYAN (11275/07) Final on: 24/02/2017 Complex problem |
Previous DH meeting: 1355 (September 2019) Last information received in: |
Lack of effective investigation into the death of the applicant’s son and failure of the authorities to provide a plausible explanation in this regard. |
Article 2 |
6. |
Armenia |
MUSHEGH SAGHATELYAN group (23086/08) final on: 20/12/2018 Complex problem |
Previous DH meeting: 1377 (June 2020) Last Information received in: October 2021 |
Ill-treatment by the police and absence of any official investigation; degrading treatment on account of the conditions of detention in remand prison; unlawful detention; unfair criminal trials; disproportionate and unnecessary dispersal of peaceful protest; ungrounded dismissal of a civil servant following his participation in the opposition protest; lack of effective domestic remedy for grievances under Article 11 |
Article 3, Article 5 §§1,3,4, Article 6§1, Article 11, Article 13 |
7. |
Armenia |
VIRABYAN group (40094/05) final on: 02/01/2013 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: |
Ill-treatment, torture and death in police custody as well as killing of the applicant’s brother during the arrest operation and ineffective investigations |
Article 2, Article 3, Article 14, Article 6 §§1,3(c), Article 6§2 |
8. |
Azerbaijan |
GAFGAZ MAMMADOV (60259/11) final on: 14/03/2016 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: |
Dispersals of demonstrations and arrests of demonstrators |
Article 5, Article 6§1, Article 6§3, Article 11, 34 |
9. |
Azerbaijan |
HUMBATOV group (13652/06) final on: 03/03/2010 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: February 2013 |
Non-enforcement of final domestic judgments (other property rights) |
Article 1 Protocol No.1, Article 6 |
10. |
Azerbaijan |
INSANOV group (16133/08) final on: 14/06/2013 Complex problem |
Previous DH meeting: 1340 (March 2019) Last information received in: |
Unfair criminal and civil proceedings; inhuman and degrading detention conditions |
Articles 3 and 6 |
11. |
Azerbaijan |
KHADIJA ISMAYILOVA group (65286/13) Final on: 10/04/2019 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received in: / |
Violations of the rights to respect for private life and reputation as well as to freedom of expression |
Articles 8 and 10 |
12. |
Azerbaijan |
MAHMUDOV and AGAZADE + FATULLAYEV (35877/04) final on: 18/03/2009 Complex problem |
Previous DH meeting: 1318 (June 2018)
Last information received in: |
Violation of right to freedom of expression, arbitrary application of law of the law on defamation |
Article 6§1, Article 6§2, Article 10 |
13. |
Azerbaijan |
MAMMADLI group (47145/14) final on: 19/07/2018 Complex problem Urgent individual measures |
Previous DH meeting: 1398 (March 2021)
Last information received in: February 2021 |
Imprisonment for reasons other than those permitted by Article 5 |
Article 5, Article 6§2, Article 8, Article 18, Article 3, Article 34, Article 10, Article 1 Protocol No.1, Article 13 |
14. |
Azerbaijan |
MIRZAYEV group (50187/06) final on: 03/03/2010 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: March 2019 |
Non-enforcement of final judicial decisions ordering the eviction of internally displaced persons (IDPs) who were unlawfully occupying the applicants' apartments. |
Art. 6§1 and Art. 1 Protocol No. 1 |
15. |
Azerbaijan |
MURADOVA group (22684/05) final on: 02/07/2009 MAMMADOV (JALALOGLU) group (34445/04) final on: 11/04/2007 MIKAYIL MAMMADOV group (4762/05) final on: 17/03/2010 Complex problem |
Previous DH meeting: 1377 bis (September 2020) Last information received in: September 2020 |
Excessive use of force by the security forces and lack of effective investigations. |
Articles 2, 3, 5§1, 6§1, 10, 11, 13 and 34 |
16. |
Azerbaijan |
Mushfig Mammadov and others (14604/08) final on 17/01/2020 Complex problem Structural problem |
Previous DH meeting: / Last information received in: / |
Criminal proceedings against applicants on account of their refusal to perform military service resulting from the absence of alternative service system for conscientious objectors. |
Article 9 |
17. |
Azerbaijan |
NAMAT ALIYEV group (18705/06) final on: 08/07/2010 Complex problem |
Previous DH meeting: 1362 (December 2019)
Last information received in: |
Various irregularities in the context of the 2005 and 2010 parliamentary elections and lack of safeguards against arbitrariness |
Article 3 of Protocol No. 1, Article 34 |
18. |
Azerbaijan |
Namazov group (74354/13) final on: 30/05/2020 Complex problem |
Previous DH meeting: / Last information received in: November 2021 |
Violation of the right to respect for private life and the right to a fair trial on account of lawyers' disbarment. |
Articles 6 and 8 |
19. |
Azerbaijan |
Religious Community of Jehovah's Witnesses (52884/09) final on: 20/06/2020 NASIROV AND OTHERS (58717/10) final on: 20/06/2020 Complex problem |
Previous DH meeting: / Last information received in: / |
Violation of the rights to liberty and security, freedom of religion and freedom of expression |
Articles 5, 9 and 10 |
20. |
Azerbaijan |
SARGSYAN (40167/06) final on: 16/06/2015 12/12/2017 (Article 41) Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: March 2017 |
Impossibility for persons displaced during the Nagorno-Karabakh conflict to gain access to their homes and properties in the region; lack of effective remedies |
Continuing violations of Article 1 of P 1, Articles 8, 13 |
21. |
Azerbaijan |
TARVERDIYEV (33343/03) final on : 26/10/2007 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: September 2008 |
Failure or delay in the enforcement of final judgments ordering in kind obligations |
Article 1 of Protocol No. 1, Art. 6§1 |
22. |
Belgium |
BELL (44826/05) final on: 06/04/2009 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: |
Excessive length of civil proceedings (first instance) |
Article 6§1 |
23. |
Belgium |
L.B. Group (22831/08+) final on: 02/01/2013 Structural problem |
Previous DH meeting: 1411 (September 2021) Last information received in: |
Structural problem concerning the inadequate care of persons with mental health problems (internees) in a prison environment Pilot judgment W.D (73548/13), final on 06/12/2016: the Court gives a period of two years to remedy the structural problem |
Articles 3, 5§1, 5§4 et 3+13 |
24. |
Belgium |
VASILESCU (64682/12+) final on: 20/04/2015 Structural problem |
Previous DH meeting: 1398 (March 2021) Last information received in: |
Structural problems concerning overcrowding, lack of hygiene and dilapidation in prisons + lack of an effective remedy (Article 46 indication on Articles 3 and 13) |
Article 3 |
25. |
Belgium |
MUGEMANGANGO (310/15) final on: 10/07/2020 Structural and complex problem |
Previous DH meeting / Last information received in: July 2021 |
Inadequate, in particular in terms of impartiality, and insufficient procedural safeguards to ensure an effective examination of complaints against the results of elections |
Articles 3 of Protocol No. 1 and 13 |
26. |
Bosnia and Herzegovina |
DOKIC + MAGO (6518/04) final on: 04/10/2010 Complex problem |
Previous DH meeting: 1369 (March 2020)
Last information received in: September 2021 |
Inability for members of the former Yugoslav People's Army (“YPA”) to repossess their pre-war apartments in the aftermath of the war in Bosnia and Herzegovina |
Article 1 of Protocol No. 1 |
27. |
Bosnia and Herzegovina |
SEJDIC and FINCI group (27996/06) final on: 22/12/2009 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: September 2021 |
Ethnic-based discrimination on account of the ineligibility of persons non-affiliated with one of the "constituent peoples" (Bosnians, Croats or Serbs) to stand for election to the House of Peoples (the upper chamber of Parliament) and the Presidency |
Article 14, Article 1 of Protocol No. 12 |
28. |
Bulgaria |
ASSOCIATION FOR EUROPEAN INTEGRATION AND HUMAN RIGHTS & EKIMDZHIEV group (62540/00) final on: 30/01/2008 Complex problem |
Previous DH meeting: 1348 Last information received in: March 2019 |
Insufficient guarantees against the arbitrary use of the powers assigned by the law on special surveillance means; absence of an effective remedy |
Articles 8 and 13 |
29. |
Bulgaria |
BULGARIAN ORTHODOX OLD CALENDAR CHURCH AND OTHERS group (56751/13) Final on: 20/04/2021 Structural problem |
Previous DH meeting: / Last information received in: |
Unjustified refusals to register the applicant organisations on the ground that these religious organisations had the same beliefs or practices as the Bulgarian Orthodox Church or the names chosen by the applicant churches were similar to the name of the Bulgarian Orthodox Church |
Article 9 and 13 |
30. |
Bulgaria |
C.G. and Others group (1365/07) final on: 24/07/2008 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: |
Shortcomings of the judicial review of expulsion and deportation of foreign nationals based on national security grounds |
Articles 8 and 13 |
31. |
Bulgaria |
Kulinski and Sabev (no 63849/09), final on 21/10/2016 Complex problem |
Previous DH meeting: 1318 Last information received in: |
Constitutional ban on voting imposed automatically on convicted prisoners serving their sentences. |
Protocol 1 Article 3 |
32. |
Bulgaria |
International Bank for Commerce and Development AD and Others (7031/05), final on: 17/10/2016 Complex problem |
Previous DH meeting: 1318 Last information received in: |
Unfairness of proceedings concerning the withdrawal of a bank licence and the bank’s insolvency; prosecutor’s decisions affecting the bank’s management not surrounded by safeguards against arbitrariness; freezing of the assets of two individual applicants without adequate safeguards. |
Articles 6 § 1 and 1 of Protocol 1 |
33. |
Bulgaria |
KEHAYOV group + NESHKOV and others (41035/98) final on: 18/04/2005, 01/06/2015 Complex problem |
Previous DH meeting: 1310 (March 2018)
Last information received in: |
Poor detention conditions in prisons and remand centres; absence of effective preventive and compensatory remedies |
Articles 3, 5, 6 §§1 and 3(e), 8 and 13 |
34. |
Bulgaria |
NENCHEVA and Others (48609/06) final on: 18/09/2013 Complex problem |
Previous DH meeting: 1331 2018) Last information received in: |
Lack of prompt and sufficient measures to prevent deaths of children placed in public care, during a severe economic, financial and social crisis in 1996-1997; lack of prompt and effective investigation into these deaths |
Article 2 |
35. |
Bulgaria |
S.Z. / Kolevi group (29263/12, 1108/02) final on: 03/06/2015 and 05/02/2010 Structural problem / Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: |
Systemic problem of ineffective criminal investigations into rape, sequestration and incitement to prostitution committed by private individuals |
Article 3 |
36. |
Bulgaria |
STANEV group (36760/06) final on: 17/01/2012 Complex problem |
Previous DH meeting: 1406 Last information received in: |
Placement in social care homes of persons with mental disorders: lawfulness, judicial review, conditions of placement; also, impossibility for partially incapacitated persons to request the restoration of their legal capacity |
Article 5 §§1(e), 5§4, 5§5, 3 and 13, 6§1 |
37. |
Bulgaria |
UMO ILINDEN AND OTHERS (59491/00) final on: 19/04/2006 Complex problem |
Previous DH meeting: 1406 Last information received in: March and May 2021 |
Unjustified refusals to register an association aiming at achieving “the recognition of the Macedonian minority in Bulgaria” |
Article 11 |
38. |
Bulgaria |
VELIKOVA group (41488/98) final on: 04/10/2000 Complex problem |
Previous DH meeting: 1383 (September 2020)
Last information received in: |
Excessive use of force by members of the law enforcement agencies; ineffective investigations |
Articles 2, 13, Art 6§1, 8, 1 of Prot. 1 |
39. |
Bulgaria |
YORDANOVA AND OTHERS (25446/06) final on: 24/09/2012 Complex problem |
Previous DH meeting: 1390
Last information received in: |
Eviction of persons of Roma origin on the basis of a legislation not requiring an adequate examination of the proportionality of the measure |
Article 8 |
40. |
Croatia |
SKENDZIC AND KRZNARIC (16212/08) final on : 20/04/2011 Complex structural problem |
Previous DH meeting: 1390 Last information received in: |
Lack of effective and independent investigations into crimes committed during the Croatian Homeland War (1991-1995) |
Article 2 |
41. |
Croatia |
STATILEO (12027/10) final on : 10/10/2014 Structural problem |
Previous DH meeting: 1331 (December 2018)
Last information received in: September 2021 |
Statutory limitations on the use of flats by landlords, including through the rent control scheme for flats subject to protected leases |
Article 1 of Protocol No. 1 |
42. |
Cyprus |
M.A. (41872/10) final on: 23/10/2013 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: September 2021 |
Lack of speedy review of lawfulness of detention and of effective remedy with automatic suspensive effect against deportation decision taken in error |
Articles 5§4 and 13, combined with Article 2 and/or 3 |
43. |
Cyprus |
KHANI KABBARA group (24459/12) final on: 05/09/2018 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received in: September 2021 |
Ill-treatment by police officers during arrest and lack of effective investigation |
Article 3 (substantive and procedural) |
44. |
Czech Republic |
D.H. AND OTHERS (57325/00) final on: 07/02/2006, 13/11/2007 Complex problem |
Previous DH meeting: 1390 Last information received in: September 2021 |
Discriminatory assignment of children of Roma origin to special schools for children with special needs or suffering a mental or social handicap |
Articles 14 and 2 of Protocol No. 1 |
45. |
France |
M.A. group (9373/15) final on: 02/07/2018 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: |
Expulsion to Algeria in presence of a real and serious risk of ill-treatment in the M.A. case + failure to comply with the Court’s interim measure in the M.A. and A.S. cases. |
Articles 3 and/or 34 |
46. |
France |
KHAN (12267/16) final on: 28/05/2019 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received: October 2021 |
Lack of care and protection of an unaccompanied foreign minor given his living conditions in the Calais “lande” and the non-enforcement of the order of the juvenile judge aimed at protecting him |
Article 3 |
47. |
France |
J.M.B. and others (9671/15) final on: 30/05/2020 Structural problem |
Previous DH meeting: 1411 (September 2021) Last information received in: June 2021 |
Structural problem of poor conditions of detention in prisons, notably overcrowding (Metropolitan France and overseas) + lack of an effective preventive remedy (indication Article 46) |
Articles 3 and 13 |
48. |
France |
MOUSTAHI (9347/14) final on: 25/09/2020 |
Previous DH meeting: 1406 (June 2021) Last information received in: April 2021 |
Detention and expeditious return of two very young unaccompanied foreign children from Mayotte (French overseas territory) to the Comoros, without an examination of their individual situation |
Articles 3, 5 § 1, 5 § 4, 8, 4 of Protocol No. 4 and 13 taken together with Articles 8 and 4 of Protocol No. 4. |
49. |
Georgia |
IDENTOBA AND OTHERS group (73235/12) final on : 12/08/2015 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: October 2021 |
Lack of protection against homophobic attacks or religiously motivated attacks by private individuals during marches/meetings |
Articles 3, 9, 13 and 14 |
50. |
Georgia |
MERABISHVILI (72508/13) Final on : 28/11/2017 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received: August 2021 |
Failure by the domestic courts to give relevant and sufficient reasons to justify continuation of detention on remand; continued detention on remand with the predominant purpose of obtaining information from the applicant about third persons. |
Articles 5 and 18 |
51. |
Georgia |
TSINTSABADZE group (35403/06) final on: 18/03/2011 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received in: January 2021 |
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. |
Articles 2, 3 and 38 |
52. |
Greece |
BEKA-KOULOCHERI group (38878/03) final on: 06/10/2006 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: December 2019 |
Failure or considerable delay in the enforcement of final domestic judgments and absence of effective remedies |
Article 1 of Protocol No. 1, Article 6 , Article 6§1, Article 13 |
53. |
Greece |
BEKIR-OUSTA AND OTHERS group (35151/05) final on: 11/01/2008 Complex problem |
Previous DH meeting: 1411 (September 2021)
Last information received in: July 2021 |
Refusal to register or dissolution of the applicants’ associations |
Article 6§1, Article 11 |
54. |
Greece |
HOUSE OF MACEDONIAN CIVILIZATION and others (1295/10) final on: 09/10/2015 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2019 |
Refusal to register the applicants’ association on the grounds that the use of the word “Macedonian” and the purpose proclaimed in the association’s statutes contravened public order and jeopardized the harmonious coexistence of the population of the Florina region |
Article 11 |
55. |
Greece |
M.S.S group (30696/09) final on: 21/01/2011 Complex Problem Structural Problem |
Previous DH meeting: 1383 (September 2020) Last information received in: March 2021 |
Shortcomings in the examination of asylum requests entailing risk of life or degrading treatment in case of direct or indirect return to the country of origin; poor detention conditions of asylum seekers and absence of adequate support when they are no longer detained; absence of an effective remedy |
Articles 3 and 13 |
56. |
Greece |
SIDIROPOULOS AND PAPAPOKOSTAS group (33349/10) final on: 25/04/2018 Complex problem |
Previous DH meeting: 1411 (September2021) Last information received in: June 2021 |
Ill-treatment by police agents and coastguards and lack of effective investigations |
Article 2, Article 3, Article 6§1, Article 13, Article 14 |
57. |
Greece |
NISIOTIS group (34704/08) final on: 20/06/2011 Complex problem Structural problem |
Previous DH meeting: 1390 (December 2020) Last information received in: May 2021 |
Inhuman and degrading treatment on account of poor detention conditions in prison. Lack of an effective remedy. |
Article 3 and Article 13 |
58. |
Hungary |
GAZSO group (48322/12) final on: 16/10/2015 Pilot judgment Structural problem |
Previous DH meeting: 1406 (June 2021) Last information received in: October 2021 |
Excessive length of proceedings and lack of an effective remedy in this respect |
Articles 6§1 and 13 |
59. |
Hungary |
HORVATH and KISS (11146/11) final on: 29/04/2013 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: June 2021 |
Discriminatory assignment of children of Roma origin to schools for children with mental disabilities during their primary education |
Article 14 and Article 2 of Protocol No 1 |
60. |
Hungary |
LASZLO MAGYAR group (73593/10) final on: 13/10/2014 Structural problem |
Previous DH meeting: 1318 (June 2018) Last information received in: February 2019 |
Life sentence without parole in combination with the lack of an adequate review mechanism of this sentence |
Article 3, Article 6 |
61. |
Hungary |
VARGA AND OTHERS / ISTVAN GABOR KOVACS group (14097/12, 15707/10) final on: 10/06/2015 17/04/2012 Pilot judgment Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: January 2021 |
Inhuman and/or degrading treatment due to overcrowding and poor material conditions of detention (Article 3), lack of effective remedies in that regard (Article 13 in conjunction with Article 3), several other dysfunctions regarding the protection of prisoners' rights |
Article 3, Article 5§§3 and 4, Article 8, Article 13 |
62. |
Hungary |
BAKA (20261/12) final on: 23/06/2016 Complex problem |
Previous DH meeting: 1411 (September 2021)
Last information received in June 2021 |
Article 6§1, Article 8, Article 10 |
|
63. |
Hungary |
SZABO and VISSY (37138/14) final on: 06/06/2016 Complex problem |
Previous DH meeting: 1302 (December 2017) Last information received in: January 2021 |
Absence of sufficient guarantees against abuse in legislation on secret surveillance |
Article 8 |
64. |
Hungary |
GUBACSI group (44686/07) final on: 28/09/2011 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: October 2021 |
Group of cases concerning inhuman or degrading treatment by police officers and/or the lack of adequate investigations in this respect as well as some related but more specific situations |
Article 2, Article 3, Article 14 |
65. |
Hungary |
TONELLO (46524/14) final on 24/04/2018 Urgent individual measures SHAW group (6457/09) final on 26/10/2011 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received in: October 2021 (re: urgent individual measures in Tonello) and September 2015 (re: the other cases of the Shaw group) |
Violations of the applicants’ right to respect for their family life on account of the authorities’ failure to effectively address the issues arising from their children’s wrongful removals by the applicants’ former spouses or partners (international child abductions) |
Article 8 |
66. |
Hungary |
ILIAS AND AHMED (47287/15) final on: 21/11/2019 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: October 2021 |
Authorities’ failure to discharge procedural obligation under Article 3 to assess the risks of ill-treatment before expelling asylum-seeking applicants to a “safe third country” |
Article 3 |
67. |
Hungary |
RANA (40888/17) final on: 16/07/2020 Complex problem |
Previous DH meeting: Last information received in: March 2021 |
Lack of legislation governing gender reassignment and name-changing procedure of lawfully settled third country nationals |
Article 8 |
68. |
Hungary |
C.A. Zrt. and T.R. (11599/14) final on: 01/09/2020 Complex problem |
Previous DH meeting: / Last information received in: June 2021 |
Removal of long-term usufruct rights over agricultural land without compensation |
Article 1 of Protocol No. 1 |
69. |
Hungary |
R.R. AND OTHERS (36037/17) final on: 05/07/2021 Complex problem |
Previous DH meeting: / Last information received in: / |
Ill-treatment of the applicants on account of the conditions of their detention in a “transit zone”, unlawfulness of the detention and lack of judicial review in this respect |
Article 3, Article 5 §§ 1 and 4 |
70. |
Iceland |
GUTHMUNDUR ANDRI ASTRATHSSON (26374/18) Final on 01/12/20 Complex problem |
Previous DH meeting: / Last information received in: July 2021 |
Violation of the applicant’s right to a “tribunal established by law” due to irregularities in the appointment process of judges |
Article 6 |
71. |
Ireland |
MCFARLANE group (31333/06) Final on : 10/09/2010 Complex problem |
Previous DH meeting:1383 (September 2021) Last information received in: July 2021 |
Excessive length of proceedings and lack of effective remedy |
Article 6 § 1, Article 13 |
72. |
Italy |
ABENAVOLI group (25587/94) final on : 02/09/1997 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2021 |
Excessive length of proceedings before the administrative courts |
Article 6§1 |
73. |
Italy |
AGRATI AND OTHERS group (43549/08) final on: 28/11/2011, 08/02/2013 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: November 2019 |
Retrospective application of legislation to on-going judicial proceedings to calculate the length of service of school staff |
Article 6§1, Article 1 of Protocol 1 |
74. |
Italy |
CESTARO (6884/11) final on : 07/07/2015 Structural problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2019 |
Structural problem: ill-treatment by police; inadequate criminal legislation to punish acts of torture and inhuman and degrading treatment |
Article 3 |
75. |
Italy |
CITRARO and MOLINO (50988/13) Final on: 04/06/2020 Complex problem |
Previous DH meeting: / Last information received in: March 2021 |
Failure of the authorities to comply with their positive obligation to protect the right to life of a prisoner with mental health problems who committed suicide while in detention: shortcomings in the psychiatric follow-up and monitoring and excessive delay in authorising his transfer to a specialised structure. |
Article 2 |
76. |
Italy |
CORDELLA AND OTHERS (54414/13) final on: 24/06/2019 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: July 2021 |
Lack of reaction on the part of the authorities to air pollution by a steelwork, to the detriment of the surrounding population’s health and lack of an effective remedy to obtain decontamination of the affected areas. |
Articles 8 and 13 |
77. |
Italy |
TRAPANI group (45104/98) final on : 12/01/2001 Complex problem |
Previous DH meeting: 1302 (December 2017) Last information received in: October 2021 |
Excessive length of proceedings before the civil courts |
Article 6§1 |
78. |
Italy |
DE TOMMASO (43395/09) final on : 23/02/2017 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: October 2017 |
Lack of foreseeability of the Italian legislation regulating the imposition of special preventive measures on persons deemed to pose a danger to society and the lack of public hearing in the relevant proceedings |
Articles 2 of Protocol No. 4 and 6§1. |
79. |
Italy |
DI SARNO AND OTHERS (30765/08) final on : 10/04/2012 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: April 2019 |
Prolonged inability of the authorities to ensure the proper functioning of the waste collection, treatment and disposal service in Campania and lack of an effective remedy in this respect |
Article 8 and 13 |
80. |
Italy |
KHLAIFIA AND OTHERS (16483/12) final on : 15/12/2016 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: October 2021 |
Absence of clear and accessible legal basis for the applicants’ detention in view of expulsion and of a remedy to complain about the unlawfulness of their deprivation of liberty and the reception conditions |
Articles 5§1, 5§2, 5§4 and 13 in combination with Article 3 |
81. |
Italy |
LEDONNE (N° 1) (35742/97) final on : 12/08/1999 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: April 2021 |
Excessive length of proceedings before the criminal courts |
Article 6§1 |
82. |
Italy |
COLLARILE (10652/02) final on: 18/12/2012 Complex problem |
Previous DH meeting: 1302 (December 2017) Last information received in: November 2017 |
Excessive length of bankruptcy proceedings |
Articles 1 of Prot. 6, 2 of Prot. 4, 8 and 13 Articles 6§1, 8, 13, 1 of Protocol No. 1, 3 of Protocol No. 1, and 2 of Protocol No. 4 |
83. |
Italy |
MARCELLO VIOLA (77633/16) final on: 07/10/2019 Structural problem |
Previous DH meeting: 1406 (June 2021) Last information received in: May 2021 |
Reducibility of a whole-life prison sentence imposed for leadership of a Mafia organisation depended on cooperation with the police |
Article 3 |
84. |
Italy |
OLIVIERI and OTHERS (17708/12) final on 04/07/2016 Complex problem |
Previous DH meeting: 1390 (December 2020) Last information received in: November 2020 |
Questions concerning the 2012 reform of the "Pinto” remedy; ineffectiveness of the remedy in relation to administrative proceedings; impossibility to complain under the “Pinto” remedy about the excessive length of preliminary investigations. |
Articles 6§1, 1 of Prot. 1 and Art. 13 |
85. |
Italy |
NASR and GHALI (44883/09) final on :23/05/2016 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: June 2019 |
The case concerns an operation of extraordinary rendition |
Articles 3 (substantive and procedural limbs), 5, 8 and 13 |
86. |
Italy |
R.V. and Others (37748/13) Final on 18/10/2019 Complex problem |
Previous DH meeting: / Last information received in: September 2020 |
Childcare measures in respect of the applicant’s two children that had been kept in force for over ten years. Concern of the Court over a system in which temporary placement into public care can be protracted indefinitely, with no time‑limits for the duration of the measures or for their judicial review. |
Article 8 |
87. |
Italy/Greece |
SHARIFI AND OTHERS (16643/09) final on : 21/01/2015 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: January 2020 |
Italy: Collective expulsion of irregular migrants to Greece, lack of access to asylum procedure and risk of deportation to Afghanistan. Greece: lack of access to asylum procedure and risk of deportation to Afghanistan |
Articles 3, 13 and Article 4 of Protocol No. 4 Articles 3 and 13 |
88. |
Italy |
TALPIS (41237/14) final on : 18/09/2017 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in : July 2020 |
Failure of the authorities to comply with their positive obligation to properly assess the risk to life in due time in a case of domestic violence; delays in mounting an adequate response to acts of domestic violence; shortcomings in the protection afforded to women against domestic violence. |
Articles 2, 3 and 14 in conjunction with Articles 2 and 3 |
89. |
Italy |
TERNA (21052/18) final on: 14/04/2021 Structural problem |
Previous DH meeting: / Last information received in: / |
Failure to make adequate and sufficient efforts to ensure respect of family members’ visiting rights regarding children |
Article 8 |
90. |
Lithuania |
Abu Zubaydah (46454/11) final on 08/10/2018 Urgent individual measures Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2021 |
Various violations related to the applicant’s transfer to and from Lithuania, his detention in a secret CIA prison and the regime he was subjected to during this detention, in the context of an "extraordinary rendition” operation |
Articles 3, 5, 8 and 13 |
91. |
Lithuania |
L. (27527/03) final on: 31/03/2008 Complex problem |
Previous DH meeting 1406 (June 2021) Last information received in: March 2021 |
Lack of legislation governing the conditions and procedures relating to gender reassignment and legal recognition of gender identity |
Article 8 |
92. |
Lithuania |
PAKSAS (34932/04) final on: 06/01/2011 Complex problem |
Previous DH meeting: 1406 (June 2021)
Last information received in: May 2021 |
Permanent and irreversible nature of the applicant’s disqualification from standing for elections to Parliament following impeachment proceedings |
Article 3 of Protocol No. 1 |
93. |
Lithuania |
BEIZARAS and LEVICKAS (41288/15) final on 14/05/2020 Complex problem |
Previous DH meeting: / Last information received in: August 2021 |
Various violations related to failure to investigate extreme homophobic hate speech and lack of domestic remedies |
Article 14, in conjunction with Article 8; Article 13 |
94. |
Malta |
APAP BOLOGNA group (46931/12) final on: 30/11/2016 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: August2021 |
Disproportionate control of the applicants’ property, due to a requisition order imposing a landlord-tenant relationship on the applicants. Lack of effective remedy |
Article 13, Article 1 of Protocol No. 1 |
95. |
Malta |
FEILAZOO (6865/19) final on: 11/06/2021 Complex problem |
Previous DH meeting: / Last information received in: / |
inadequate conditions of detention since 2018, particularly given excessively stringent and long period of de facto isolation, and unnecessary placement with new arrivals in Covid-19 quarantine; unlawful detention in view of deportation and interference with correspondence with the Court and ineffective legal representation through legal aid system. |
Articles 3, 5 § 1 and 34 |
96. |
Malta |
GALEA and PAVIA (77209/16) final on: 11/06/2020 Structural problem |
Previous DH meeting: / Last information received in: February 2021 |
Excessive length of criminal proceedings and of constitutional redress proceedings and lack of effective remedies |
Articles 6 and 13 |
97. |
Republic of Moldova |
I.D. (47203/06) final on: 11/04/2011 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in : April 2021 |
Poor conditions of detention in facilities under the authority of the Ministries of the Interior and Justice, including lack of access to adequate medical care; absence of an effective remedy |
Articles 3, 13 and 8 |
98. |
Republic of Moldova |
LEVINTA group (17332/03) final on: 16/03/2009 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2021 |
Ill-treatment and torture during police detention; ineffective investigations; absence of an effective remedy; conviction based on evidence obtained under torture |
Articles 2, 3, 13 and 6 |
99. |
Republic of Moldova |
OZDIL and OTHERS (42305/18) final on: 11/09/2019 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: October2021 |
Extra-legal transfer of persons to Turkey, circumventing domestic and international law. |
Articles 5 § 1 + 8 |
100. |
Republic of Moldova |
SARBAN group (3456/05) final on: 04/01/2006 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: October 2021 |
Violations mainly related to unlawful detention on remand (lawfulness, duration, justification) |
Articles 5§1, 5§3, 5§4 and 5§5 |
101. |
Republic of Moldova |
TIMUS and TARUS (70077/11) final on: 15/01/2014 Structural problem |
Previous DH meeting: 1340 (March 2019) Last information received in: November 2020 |
Killing during a police operation and lack of an effective investigation in this respect |
Article 2, Article 13 |
102. |
Republic of Moldova |
T.M. and C.M. (26608/11) final on: 28/04/2014 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: March 2021 |
Authorities' failure to provide protection from domestic violence |
Articles 3, 8 and 14 |
103. |
Netherlands |
CORALLO (29593/17) final on: 09/10/2018 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: January 2021 |
Inhuman and/or degrading treatment on account of the poor conditions of detention on remand in Sint Maarten (Caribbean part of the Kingdom of the Netherlands) |
Article 3 |
104. |
North Macedonia |
ORTHODOX OHRID ARCHDIOCESE group (3532/07) final on: 09/04/2018 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: March 2020 |
Refusal to register the applicant associations as religious entities |
Article 11 |
105. |
North Macedonia |
X (29683/16) final on 17/04/2019 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: September 2021 |
Lack of legislation governing the conditions and procedures for changing on birth certificates the registered sex of transgender people. |
Article 8 |
106. |
North Macedonia |
KITANOVSKI group (15191/12) Final on 22/04/2015 Structural problem |
Previous DH meeting: - Last information received in: March 2017 |
Ill-treatment by the police and lack of effective investigation |
Articles 2,3 |
107. |
Norway |
STRAND LOBBEN AND OTHERS (37283/13) Final on 10/09/2019 |
Previous DH meeting: 1398 (March 2021) / Last information received in: October 2021 |
Various shortcomings in the decision-making processes in child welfare proceedings |
Article 8 |
108. |
Poland |
AL NASHIRI group (28761/11) final on: 16/02/2015 Complex problem Urgent individual measures |
Previous DH meeting: 1411 (September 2021)
Last information received in: July 2021 |
Various violations related to secret rendition operations |
Articles 2, 3, 5, 6§1, 8, 13, 38 and Article 1 of Protocol No. 6 |
109. |
Poland |
BAK (7870/04) final on: 16/04/2007 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: September 2021 |
Excessive length of proceedings in criminal cases; lack of effective remedy |
Article 6§1 and 13 |
110. |
Poland |
BELLER group (51837/99) final on: 06/06/2005 Complex problem |
Previous DH meeting: 1377 bis (September 2020) Last information received in: June 2020 |
Excessive length of proceedings before administrative bodies and courts; absence of an effective remedy |
Article 6§1 and 13 |
111. |
Poland |
GRABOWSKI (57722/12) final on: 30/09/2015 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: November 2021 |
Deprivation of liberty of a juvenile in the framework of correctional proceedings against him, without a specific court order |
Articles 5§1 and 5§4 |
112. |
Poland |
M.K. and others (40503/17) final on: 14/12/2020 Complex problem |
Previous DH meeting: / Last information received in: / |
Summary removal of asylum seekers to a third country with a risk of refoulement to and ill-treatment in the country of origin. Collective expulsion of aliens coming from Belarus. Lack of effective remedy with a suspensive effect. Non-compliance with interim measures under Rule 39. |
Article 3, Article 4 Protocol 4, Article 13, Article 34 |
113. |
Poland |
P. and S. (57375/08) final on: 30/01/2013 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: October 2021 |
Failure to provide effective access to reliable information to a mother and her minor daughter on the conditions and procedures to be followed in order to access lawful abortion, disclosure of the applicants’ personal data resulting in their harassment, unlawful detention of the minor applicant |
Articles 3, 5§1 and 8 |
114. |
Poland |
Tysiac (5410/03) R.R. (27617/04) Final on: 24/09/2007 and 28/11/2011 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: October 2021 |
Inadequate legal framework to enable women effectively to exercise the right under national law to abortion on grounds of maternal or foetal health where the doctor disagrees that such grounds exist (Tysiac) or that prenatal tests necessary to assess this are justified (R.R.) |
Article 3 and 8 |
115. |
Poland |
RUTKOWSKI and others + MAJEWSKI + Zaluska and Others (72287/10,52690/99) final on: 07/07/2015 and 11/01/2006 Pilot judgment Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: September 2021 |
Excessive length of proceedings in civil cases; lack of effective remedy |
Article 6§1 and 13 |
116. |
Portugal |
VICENTE CARDOSO group (30130/10) final on : 12/03/2013 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: June 2021 |
Excessive length of judicial proceedings |
Article 6§1 |
117. |
Portugal |
PETRESCU (23190/17) final on: 03/03/2020 Structural problem |
Previous DH meeting:/ 1398 (March 2021) Last information received in: October 2021 |
Overcrowding and poor conditions of detention in prisons; lack of an effective remedy. |
Article 3 |
118. |
Romania |
AL NASHIRI (33234/12) final on: 08/10/2018 Urgent individual measures Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: September 2021 |
Various violations related to the applicant’s transfer to and from Romania, his detention in a secret CIA prison and the regime he was subjected to during this detention, in the context of an "extraordinary rendition” operation |
Articles 2, 3, 5, 6 § 1, 8 and 13 and Article 1 of Protocol No. 6 |
119. |
Romania |
ASSOCIATION '21 DECEMBRE 1989' and Others group (33810/07) final on: 28/11/2011 Complex problem |
Previous DH meeting: 1318 (June 2018) Last information received in: April 2018 |
Ineffectiveness of criminal investigations into violent crackdowns on anti-governmental demonstrations in 1989 and early 1990ies |
Article 2, Article 3, Article 6§1, Article 8 |
120. |
Romania |
BĂLŞAN group (49645/09) final on 23/08/2017 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: August 2020 |
Inadequate response from the judicial authorities to acts of domestic violence, including cyberbullying, and insufficient action to tackle effectively the widespread phenomenon of domestic violence |
Article 3, Article 8, Article 14 in conjunction with Article 3 |
121. |
Romania |
BRAGADIREANU group + REZMIVEŞ and Others (22088/04, 61467/12+) final on: 06/03/2008, 25/07/2017 Complex problem Pilot judgment |
Previous DH meeting: 1398 (March 2021) Last information received in: August 2021 |
Overcrowding and poor conditions in police detention facilities and prisons, including failure to secure adequate medical care and lack of an effective remedy |
Articles 3 and 13 |
122. |
Romania |
BUCUR AND TOMA (40238/02) final on: 08/04/2013 Complex problem |
Previous DH meeting: 1273 (December 2016) Last information received in: December 2016 |
Conviction of a whistle-blower for having disclosed information on the illegal secret surveillance of citizens by the Intelligence Service; lack of safeguards in the statutory framework governing secret surveillance |
Articles 6§1, 8, 10, 13 and 38§1 |
123. |
Romania |
CEGOLEA (25560/13) final on: 24/07/2020 Complex problem |
Previous DH meeting: / Last information received in: July 2021 |
Discrimination related to the right to stand in parliamentary election and lack of judicial review regarding the fulfilment of an eligibility requirement that disadvantages national minority organisations not yet represented in Parliament |
Articles 14 and 3P1 |
124. |
Romania |
CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU (47848/08) final on: 17/07/2014 Complex problem |
Previous DH meeting: 1348 (June 2019)
Last information received in: April 2019 |
Lack of adequate legal protection and serious deficiencies in the medical and social care afforded to a young man of Roma origin with mental disabilities, who died in 2004 during his stay in a psychiatric hospital |
Articles 2 and 13 |
125. |
Romania |
CRISTIAN TEODORESCU group (22883/05) final on: 19/09/2012 Structural problem |
Previous DH meeting: 1377 (June 2020) Last information received in: October 2020 |
Legislative deficiencies as regards the procedure and safeguards for involuntary placement in psychiatric hospital facilities and failure of the competent authorities to apply this procedure |
Articles 5 and 8 |
126. |
Romania |
DORNEANU (55089/13) final on: 28/02/2018 Complex problem |
Previous DH meeting: / Last information received in: March 2019 |
Inhuman treatment on account of the continued imprisonment of a terminally ill detainee |
Article 3 |
127. |
Romania |
D and Others (75953/16) final on: 22/06/2020 Structural problem |
Previous DH meeting: / Last information received in: September 2021 |
Absence of automatic suspensive effect of the available domestic remedies against an expulsion following a criminal conviction |
Article 13 |
128. |
Romania |
ENACHE (10662/06) final on: 01/07/2014 Complex problem |
Previous DH meeting: / Last information received in: September 2017 |
Detention regime of prisoners classified as “dangerous” |
Articles 3 and 34 |
129. |
Romania |
E.B. (49089/10) final on: 19/03/2019 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: April 2021 |
Lack of effective investigations and court proceedings into rape allegations: excessive reliance on absence of proof of physical resistance by the victims and deficiencies in the protection of their rights. |
Article 3 |
130. |
Romania |
KÖVESI (3594/19) final on: 05/08/2020 Structural problem |
Previous DH meeting: 1406 (June 2021) Last information: June 2021 |
Articles 6 and 10 |
|
131. |
Romania |
LINGURAR (48474/14) final on: 16/04/2019 Structural problem |
Previous DH meeting: 1406 (June 2021) Last information received in: June 2021 |
Police raid based on ethnic profiling of a Roma community and failure to conduct an effective investigation into discriminatory motives for the raid |
Articles 3 and 14 |
132. |
Romania |
M.C. AND A.C. (12060/12) final on: 12/07/2016 Complex problem |
Previous DH meeting: 1355 (September 2019) Last information received in: November 2021 |
Lack of an effective investigation into ill-treatment by private parties including into possible homophobic motives behind the attack |
Articles 3 and 14 |
133. |
Romania |
M.G.C. group (61495/11) final on: 15/06/2016 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: April 2021 |
Lack of effective and child-sensitive investigations and court proceedings into allegations of rape in a context marked by the absence of a settled and consistent practice of the national courts when addressing the question of victims’ consent to differentiate rape from the statutory offence of sexual intercourse with a minor. |
Article 3 |
134. |
Romania |
MUHAMMAD AND MUHAMMAD (80982/12) final on: 15/10/2020 Complex problem |
Previous DH meeting: / Last information received in: July 2021 |
Expulsion on national security grounds decided by the domestic courts against two Pakistani citizens, rightfully residing in Romania, based on classified information not disclosed to the applicants and without sufficient counterbalancing safeguards. |
Article 1 of Protocol No. 7 |
135. |
Romania |
N. (59152/08) final on: 28/02/2018 Structural problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2020 |
Psychiatric confinement as a security measure prolonged in the absence of a legal basis. Insufficient safeguards in the judicial review proceedings regarding the applicant’s continued psychiatric detention |
Article 5 §§ 1 and 4 |
136. |
Romania |
NEDESCU (70035/10) final on: 16/04/2018 Urgent individual measures |
Previous DH meeting: 1355 (September 2019) Last information received in: March 2020 |
Impossibility to recover frozen embryos seized in the context of criminal proceedings against a third party in the absence of clear provisions on the procedure to be followed |
Article 8 |
137. |
Romania |
PARASCINETI (32060/05) final on: 13/06/2012 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: October 2020 |
Overcrowding and poor conditions in psychiatric facilities |
Article 3 |
138. |
Romania |
SACALEANU group (73970/01) final on: 06/12/2005 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: December 2020 |
Failure or significant delay of the administration or of legal persons under the responsibility of the State in abiding by final domestic court decisions |
Articles 6§1 and 1P1 |
139. |
Romania |
SOARE AND OTHERS group (24329/02) final on: 22/05/2011 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: April 2021 |
Unjustified and disproportionate use of fire-arms by the police and ineffective investigations into incidents reported; lack of an adequate statutory and regulatory framework |
Articles 2 and 13 |
140. |
Romania |
STRAIN and others group + MARIA ATANASIU (57001/00) final on: 30/11/2005 12/01/2011 Pilot judgment |
Previous DH meeting: 1398 (March 2021)
Last information received in: August 2021 |
Ineffectiveness of the mechanism set up to afford restitution or compensation for properties nationalised during the communist period |
Article 1 of Protocol No. 1, Article 6§1 |
141. |
Romania |
TICU group (24575/10) final on: 01/01/2014 Complex problem |
Previous DH meeting: 1355 (September 2019) Last information received in: March 2020 |
Ill-treatment in prison due to the inadequate management of the applicants’ psychiatric conditions |
Article 3 |
142. |
Romania |
VLAD and others group (40756/06) Final on: 26/02/2014 Complex problem |
Previous DH meeting: 1259 (June 2016) Last information received in: March 2016 |
Excessive length of civil and criminal proceedings; absence of an effective remedy at the material time. |
Articles 6§1 and 13 |
143. |
Romania |
X. and Y. (2145/16) Final on: 19/04/2021 Complex problem |
Previous DH meeting: / Last information received in: / |
Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery |
Article 8 |
144. |
Russian Federation |
ALEKSEYEV (4916/07) final on: 11/04/2011 Complex problem |
Previous DH meeting: 1331 (December 2018) Last information received in: October 2018 |
Repeated bans on the holding of LGBTI persons’ marches and pickets; lack of effective remedies; discrimination on grounds of sexual orientation in the exercise of the right to freedom of peaceful assembly |
Articles 11, 13 and 14 |
145. |
Russian Federation |
ALIM (39417/07) final on: 27/12/2011 Urgent Individual measures |
Previous DH meeting: 1214 (December 2014) Last information received in: August 2017 |
Risk of expulsion notwithstanding family ties |
Article 8 |
146. |
Russian Federation |
BAYEV and Others (67667/09) Final on: 13/11/2017 Complex problem |
Previous DH meeting: 1331 (December 2018) Last information received in: October 2018 |
Fines imposed on the applicants for displaying banners considered to promote homosexuality among minors against the laws prohibiting such “propaganda”. |
Article 10; Article 14 in conjunction with Article 10 |
147. |
Russian Federation |
BERKOVICH AND OTHERS (5871/07) final on: 27/06/2018 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2019 |
Unjustified international travel restrictions on account of access to State secrets during employment in the past |
Article 2 of Protocol No. 4 |
148. |
Russian Federation |
BERDZENISHVILI and others group (14594/07) Final on: 20/03/2017 Complex problem |
Previous DH meeting: / Last information received in: / |
Arbitrary arrest and detention in inhumane conditions prior to collective expulsion |
Articles 4 of Protocol 4, 3, 5§1, 5§4, 13 |
149. |
Russian Federation |
BUNTOV group (27026/10) final on : 05/09/2012 Complex Problem |
Previous DH meeting: 1411 (September 2021) Last information received in: May 2021 |
Torture inflicted in a correctional colony and pre-trial detention and lack of an effective investigation |
Article 3 |
150. |
Russian Federation |
CATAN and Others group (43370/04) final on : 19/10/2012 Complex problem |
Previous DH meeting: 1406 (June 2021)
Last information received in: April 2021 |
Violations of the rights of children, parents and staff members from Moldovan/Romanian language schools in the Transdniestrian region of the Republic of Moldova |
Article 2 of Protocol No. 1, Articles 5 § 1 and 8. |
151. |
Russian Federation |
DMITRIYEVSKIY (42168/06) final on: 29/01/2018 Complex problem |
Previous DH meeting: / Last information received in: / |
Unjustified conviction of a newspaper editor-in-chief for publishing articles allegedly written by separatists |
Article 10 |
152. |
Russian Federation |
DOBRIYEVA AND OTHERS (18407/10) final on : 14/04/2014 Complex Problem Structural problem |
Previous DH meeting: / Last information received in: March 2015 |
Lack of an effective investigation into disappearances |
Article 2 |
153. |
Russian Federation |
FINOGENOV AND OTHERS group (18299/03) final on : 04/06/2012 Complex Problem |
Previous DH meeting: 1265 (September 2016) Last information received in: August 2016 |
Inadequate preparation resulting in loss of life and injuries caused during a mass hostage-rescue operation and lack of effective investigation; failure to prevent threat to life and inadequate planning and controlling of a mass hostage-rescue operation and excessive use of lethal force and lack of effective investigation |
Article 2 |
154. |
Russian Federation |
GABLISHVILI (39428/12) final on : 26/09/2014 Urgent Individual measures |
Previous DH meeting: / Last information received in: July 2015 |
Failure to assess proportionality of a foreigner’s expulsion imposed for a minor offence |
Article 8 |
155. |
Russian Federation |
GARABAYEV group (38411/02) final on : 30/01/2008 Complex problem |
Previous DH meeting: 1340 (March 2019)
Last information received in: February 2019 |
Various violations related to extradition; including in some cases abduction and illegal transfer to Tajikistan and Uzbekistan, in violation of Rule 39 indications from the Court |
Articles 3, 5, 13 and 34 |
156. |
Russian Federation |
Georgia(I) (13255/07) final on: 03/07/2014 Interstate |
Previous DH meeting: 1398 (March 2021) Last information received in: February 2021 |
Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in violation of the Convention |
Articles 4 of Protocol 4, 3, 5§1, 5§4, 13 |
157. |
Russian Federation |
georgia (ii) (38263/08) final on: 21/01/2021 Interstate |
Previous DH meeting: / Last information received in: October 2021 |
Various violations of the Convention in the context of the armed conflict between Georgia and the Russian Federation in August 2008. |
Articles 2,3, 5, 8, 38, Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 |
158. |
Russian Federation |
GIZZATOVA group (5124/03) final on: 13/05/2005 Complex problem |
Previous DH meeting: 1288 (June 2017) Last information received in: April 2017 |
Failure or serious delay on the part of the State and municipal authorities in abiding by final domestic judicial decisions concerning in-kind obligations; absence of effective remedies |
Articles 6, 13 and Article 1 of Protocol No. 1 |
159. |
Russian Federation |
HROMADKA and HROMADKOVA (22909/10) final on : 11/03/2015 Urgent Individual measures |
Previous DH meeting: / Last information received in: September 2017 |
Absence of a legal framework securing a prompt response to international child abduction |
Article 8 |
160. |
Russian Federation |
IGRANOV AND OTHERS group (42399/13) final on: 10/09/2018 Structural problem |
Previous DH meeting: / Last information received in: |
Inability of prisoners to participate in civil proceedings due to a legislative lacuna |
Article 6 |
161. |
Russian Federation |
JEHOVAH’S WITNESSES OF MOSCOW AND OTHERS (302/02) / KRUPKO AND OTHERS (26587/07) final on: 22/11/2010 / 17/11/2014 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: June 2020 |
Dissolution of the applicant religious community and banning of its activity, resulting in individuals’ inability to manifest their religion and to carry out activities indispensable for their religious practice, refusal to re-register the religious organisation and dispersal of a peaceful religious ceremony in which Jehovah’s Witnesses of various congregations participated |
Article 9, 11 |
162. |
Russian Federation |
KALASHNIKOV group + ANANYEV and Others (47095/99) final on: 15/10/2002 10/04/2012 Complex problem Pilot judgment |
Previous DH meeting: 1348 (June 2019) Last information received in: April 2019 |
Poor conditions of detention, mainly in remand centres; absence of an effective remedy |
Articles 3 and 13 |
163. |
Russian Federation |
KHASHIYEV and AKAYEVA group (57942/00) final on : 06/07/2005 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: September 2021 |
Violations resulting from, or relating to anti- terrorist operations in the Northern Caucasus, mainly in Chechnya, (particularly unjustified use of force, disappearances, unacknowledged detentions, torture and ill- treatment, unlawful search and seizure and destruction of property); ineffective investigations and absence of effective domestic remedies |
Articles 2, 3, 5, 6, 8, 13, 38 + Art. 1 of Protocol No. 1 |
164. |
Russian Federation |
KIM group (44260/13) final on : 17/10/2014 Urgent individual measures Complex problem |
Previous DH meeting: 1318 (June 2018) Last information received in: April 2018 |
Detention pending removal despite lack of realistic prospect of expulsion; lack of judicial review of the lawfulness of detention of aliens pending removal and poor detention conditions |
Articles 3, 5§1 and 5§4 |
165. |
Russian Federation |
KLYAKHIN group (46082/99) final on : 06/06/2005 Complex problem |
Previous DH meeting: 1362 (December 2019) for the group 1411 (September 2021) for IM in Pichugin
Last information received for IM in Pichugin in: September 2021 |
Different violations of Article 5 mainly related to detention on remand (lawfulness, procedure, length) |
Article 5§1, 5§2, 5§3, 5§4 and 5§5 |
166. |
Russian Federation |
KOLYADENKO AND OTHERS (17423/05) final on : 09/07/2012 Complex problem |
Previous DH meeting: / Last information received in: May 2013 |
Failure of the State to protect lives in the context of a large-scale flood |
Articles 2 , 8 and Article 1 of Protocol No. 1 |
167. |
Russian Federation |
KUDESHKINA (29492/05) final on: 14/09/2009 Urgent individual measures |
Previous DH meeting: 1406 (June 2021) Last information received in: April 2021 |
Dismissal from judicial office for making critical media statements about the judiciary |
Article 10 |
168. |
Russian Federation |
LASHMANKIN AND OTHERS group (57818/09) final on: 29/05/2017 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received: May 2021 |
Different violations mainly related to the right to freedom of peaceful assembly (reactions to notifications of planned assemblies, reactions to peaceful assemblies, unlawful arrests). |
Articles 11, 13, 3, 5§1, 6§1 |
169. |
Russian Federation |
LIU (no. 2) group (29157/09) final on : 08/03/2012 Urgent Individual measures |
Previous DH meeting: 1331 (December 2018) Last information received in: October 2018 |
Shortcomings of the system for judicial review of expulsion of aliens based on national security grounds |
Article 8 |
170. |
Russian Federation |
MAGNITSKIY (32631/09) Final on: 27/11/2019 Complex problem |
Previous DH meeting: / Last Information received / |
Posthumous conviction |
Article 6 |
171. |
Russian Federation |
MAZEPA AND OTHERS (15086/07) final on: 17/10/2018 Complex problem |
Previous DH meeting: / Last information received: / |
Inadequate investigation of Anna Politkovskaya’s murder |
Article 2 (procedural) |
172. |
Russian Federation |
MIKHEYEV group (77617/01) final on : 26/04/2006 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: July 2019 |
Torture and ill-treatment by the police and ineffective investigations |
Articles 3, 5§1, 6§1 and 13 |
173. |
Russian Federation |
MOZER group (11138/10) final on 23/02/2016 Complex problem |
Previous DH meeting: / Last information received in: / |
Various violations occurred in the Transdniestrian region of the Republic of Moldova. |
Articles 3, 5, 6, 8, 9, 13, 34, Art. 1 of Protocol No. 1 |
174. |
Russian Federation |
NAVALNYY group (29580/12, GC) final on: 15/11/2018 Urgent individual measures, Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received: May 2021 |
Violation of Article 18 on account of an ulterior purpose in the applicant’s persecution |
Articles 10, 11, 5§1, 6§1 and 18 |
175. |
Russian Federation |
NAVALNYY AND OFITSEROV group (46632/13 and 28671/14) final on: 04/07/2016 Urgent individual measures, Complex problem |
Previous DH meeting: 1411 (September 2021) (IM in Navalnyy and Ofitserov, Navalnyye) Last information received in: October 2021 (IM in Navalnyy and Ofitserov, Navalnyye) |
Failure to ensure a fair trial: conviction based on arbitrary application of criminal law, without addressing a reasonable allegation of political persecution and with use in evidence of a co-accused’s guilty plea in separate proceedings |
Article 6, 7 |
176. |
Russian Federation |
OAO NEFTYANAYA KOMPANIYA YUKOS (14902/04) final on: 08/03/2012 Complex problem |
Previous DH meeting: 1411 (September 2021)
Last information received in: August 2021 |
Different violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007 |
Article 6 and Article 1 of Protocol No. 1 |
177. |
Russian Federation |
OGNEVENKO (44873/09) Final on :06/05/2019 Complex problem |
Previous DH meeting: / Last information received in: / |
Dismissal of train driver following his participation in strike |
Article 11 |
178. |
Russian Federation |
ROMAN ZAKHAROV group (47143/06) final on : 04/12/2015 Complex problem |
Previous DH meeting: 1324 (September 2018) Last information received in: August 2018 |
Defective system of secret interception of mobile telephone communications as envisaged in domestic legislation |
Article 8 and 13 |
179. |
Russian Federation |
SVINARENKO AND SLYADNEV group (32541/08) final on : 17/07/2014 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: June 2020 |
Degrading treatment on account of confinement in a metal cage in the courtroom during criminal proceedings or in the remand prison for the purposes of participation, by means of a video link, in the hearings concerning detention |
Article 3 |
180. |
Russian Federation |
TOMOV AND OTHERS group (18255/10) final on: 09/07/2019 pilot judgment |
Previous DH meeting: 1369 (March 2020) Last information received in: February 2021 |
Poor conditions of detainees' transport. |
Article 3 and 13 |
181. |
Russian Federation |
VOLODINA group (41261/17) Final on: 04/11/2019 Complex problem |
Previous DH meeting: 1390 (December 2020) Last Information received in: October 2020 |
Discriminatory failure to protect from domestic violence and to conduct an effective investigation into it |
Articles 3 and 14 |
182. |
Russian Federation |
VOLOKITIN AND OTHERS (74087/10) final on: 03/12/2018 Structural problem |
Previous DH meeting: / Last information received: / |
Failure to redeem State loan bonds |
Article 1 of Protocol No. 1 |
183. |
Russian Federation |
Z.A. and Others (61411/15) Final on: 21/11/2019 Complex problem |
Previous DH meeting: / Last Information received / |
Asylum-seekers held for lengthy periods in airport transit zone in poor conditions |
Article 5 § 1 (f) Article 3 |
184. |
Russian Federation |
YUSUPOVA (66157/14) final on: 20/03/2017 MURUZHEVA (62526/15) final on: 15/08/2018 GUBASHEVA AND FERZAULI final on: 05/08/2020 Urgent individual measures |
Previous DH meeting: 1390 (December 2020) Last information received: January 2021 (Gubasheva and Ferzauli) |
Non-enforcement of judicial decisions on custody or visitation rights |
Article 8 |
185. |
Russian Federation |
Zhdanov and Others (12200/08) Final on: 16/07/2019 Complex problem |
Previous DH meeting: / Last Information received / |
Refusal to register LGBT associations |
Articles 11 and 14 |
186. |
Serbia |
KACAPOR GROUP final on: 07/07/2008 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: April 2020 |
Non-enforcement of domestic decisions, including against socially-owned companies |
Articles 6§1 1 of Protocol No.1 |
187. |
Serbia |
JEVREMOVIC GROUP (3150/05) final on: 17/07/2007 Complex problem |
Previous DH meeting: 1369 (March 2020)
Last information received in: January 2020 |
Excessive length of judicial proceedings and lack of an effective remedy. |
Article 6§1, Article 13 |
188. |
Slovakia |
R.R. and R.D. (20649/18) Final on: 01/12/2020 Complex problem |
Previous DH meeting: Last Information received in June 2021 |
Excessive use of force in a police operation carried out on a street that is home to a Roma community, ineffective investigation and lack of inquiry into the alleged discrimination in the planning of the operation |
Articles 3 and 14 |
189. |
Spain |
A.C. AND OTHERS (6528/11) final on: 22/07/2014 Complex problem |
Previous DH meeting: / Last information received in: February 2021 |
Lack of an effective remedy, with suspensive effect, against decisions to remove the applicants to their country of origin, notwithstanding the risk to their lives/risk of ill-treatment, taken in the framework of an accelerated asylum procedure. |
Articles 3 and 13 |
190. |
Spain |
SAQUETTI IGLESIAS (50514/13) final on: 30/09/2020 Structural problem |
Previous DH meeting: / Last information received in: March 2021 |
Administrative sanction, assimilated to a criminal offence, which did not benefit from a double degree of jurisdiction. |
Article 2 of Protocol No.7 |
191. |
Sweden |
ARLEWIN (22302/10) Final on: 01/06/2016 Complex problem |
Previous DH meeting: 1369 (March 2020) Last information received in: October 2020 |
Swedish courts’ refusal to exercise jurisdiction in respect of defamation proceedings concerning a television broadcast from a foreign country |
Article 6 |
192. |
Sweden |
CENTRUM FÖR RÄTTVISA (35252/08) Final on 25/05/2021 (GC) Structural problem |
Previous DH meeting: / Last information received in: / |
Insufficient safeguards in bulk signals-intelligence gathering |
Article 8 |
193. |
Switzerland |
AL-DULIMI and MONTANA MANAGEMENT (5809/08) final on: 21/06/2016 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: August 2021 |
Lack of appropriate judicial scrutiny of freezing of assets pursuant to UN Security Council Resolutions on Iraq. |
Article 6§1 |
194. |
Turkey |
ALPASLAN ALTAN (12778/17) Final on 09/09/2019 Complex problem |
Previous DH meeting: / Last information received in: June 2020 |
Pre-trial detention of a judge without prior lifting of immunity, on the basis of an unreasonable extension of the concept of in flagrante delicto; Detention based on mere suspicion of membership of an illegal organisation, without any specific incriminating evidence. |
Article 5 |
195. |
Turkey |
ASSOCIATION OF SOLIDARITY WITH JEHOVAH’S WITNESSES AND OTHERS (36915/10+) Final on 17/10/2016 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: January 2021 |
Planning restrictions making it impossible for small religious community to have a place of worship |
Article 9 |
196. |
Turkey |
FREEDOM OF EXPRESSION groups (ALTUG TANER AKCAM group (27520/07), ÖNER and TÜRK group (51962/12) (former INCAL group), NEDİM ŞENER group (38270/11), ARTUN AND GUVENER group (75510/01), ISIKIRIK (41226/09)) final on: 25/01/2012; 30/06/2015; 08/10/2014; 26/09/2007; 09/04/2018) Complex and structural problems |
Previous DH meeting: 1406 (June 2021) Last information received in: |
Criminal investigation for “denigrating Turkishness”; Unjustified interferences with freedom of expression, owing notably to criminal convictions, including defamation cases; unjustified detention of journalists; Unforeseeable conviction of membership of an illegal organization for the mere fact of attending a public meeting and expressing views thereat |
Article 5, 6, 10, 11 |
197. |
Turkey |
APOSTOLIDI AND OTHERS group (45628/99) final on : 24/09/2007 24/09/2008 (Article 41) Complex problem |
Previous DH meeting: / Last information received in: June 2013 |
Inability of foreigners to inherit real estate in Turkey due to alleged lack of reciprocity requirement; length of civil proceedings |
Article 1 of Protocol 1, Article 6§1 |
198. |
Turkey |
FREEDOM OF ASSEMBLY group (ATAMAN group (74552/01) final on : 05/03/2007) Structural problem |
Previous DH meeting: 1411 (September 2021)
Last information received in: July 2021 |
Excessive use of force while dispersing demonstrations, ineffective investigations into police actions |
Article 2, Article 3, Article 11, Article 13 |
199. |
Turkey |
BATI and Others group (33097/96) final on : 03/09/2004 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: June 2021 |
Ill-treatment by the police and the gendarmerie; ineffective investigations; impunity |
Articles 2, 3 and 13 |
200. |
Turkey |
BILGEN (1571/07) final on: 09/06/2021 Complex problem |
Previous DH meeting: / Last information received: / |
Inability of judge to have recourse to judicial review of unjustified non-consensual transfer decision to lower ranking judicial district; unlawful interference with private life; unjustified interferences with freedom of expression. |
Articles 6, 8 and 10 |
201. |
Turkey |
JOANNOU (53240/14) final on: 12/03/2018 Complex problem |
Previous DH meeting: / Last information received in: May 2019 |
Ineffective proceedings before the Immovable Property Commission concerning the applicant’s compensation claim in respect of properties situated in the northern part of Cyprus. |
Article 1 of Protocol No. 1 |
202. |
Turkey |
CYPRUS (25781/94) final on: 10/05/2001, 12/05/2014 Interstate |
Previous DH meeting: 1411 (September 2021)
Last information received in: June 2021 (property rights of displaced persons) |
14 violations in relation to the situation in the northern part of Cyprus. |
Article 2, 3, 6, 8, 9, 10 and 13 and Articles 1 and 2 of Protocol No. 1 |
203. |
Turkey |
DINK (2668/07) final on : 14/12/2010 Complex problem |
Previous DH meeting: 1324 (September 2018) Last information received in: June 2018 |
Failure of the authorities to protect the life and freedom of expression of a journalist, lack of an effective investigation, criminal investigation for “denigrating Turkishness" |
Articles 2, 10 and 13 |
204. |
Turkey |
ERDOGAN AND OTHERS group (19807/92) final on: 13/09/2006 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2021 |
Actions of security forces during military operations and lack of effective investigation |
Articles 2, 3 and 13 Article 38 |
205. |
Turkey |
GENC AND DEMIRGAN group (34327/06) Final on 10/10/2017 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: June 2021 |
Failure to comply with administrative court decisions in cases concerning the environment |
Articles 6 and 8 |
206. |
Turkey |
GOMI (38704/11) Final on 24/06/2019 Complex problem |
Previous DH meeting: / Last information received in: June 2020 |
Continued detention of the applicant, who has been suffering from a psychotic illness since 2003 |
Article 3 |
207. |
Turkey |
GÜZELYURTLU AND OTHERS (36925/07) Final on: 29/01/2019 Complex problem |
Previous DH meeting: / Last information received in: July 2019 |
Turkey’s failure to cooperate with Cyprus in murder investigation |
Article 2 |
208. |
Turkey |
IZZETTIN DOGAN and others (62649/10) CUMHURIYETCI EGITIM VE KULTUR MERKEZI VAKFI (32093/10) HASAN AND EYLEM ZENGIN (1448/04) MANSUR YALCIN AND OTHERS (21163/11) final on: 26/04/2016, 20/04/2015, 09/01/2008, 16/02/2015 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2021 |
Refusal to provide public religious services to members of Alevi faith; Difference in treatment between members of Alevi faith and citizens adhering to majority branch of Islam; Lack of objectivity and pluralism in the teaching of religious instruction and limited possibilities for exemption from compulsory classes |
Article 9, article 14 in conjunction with Article 9, Article 2 of protocol No 1 |
209. |
Turkey |
KAKOULLI group (38595/97) final on: 22/02/2006 ISAAK group (44587/98) Final on : 24/09/2008 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: March and May 2021 |
Deaths of the applicants' relatives or injury to one applicant along the cease-fire line in Cyprus; lack of effective investigation thereof |
Article 2 |
210. |
Turkey |
KAVALA (28749/18) final on: 11/05/2020 URIM Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: July 2021 |
Unjustified and extended detention of the applicant without reasonable suspicion and with the ulterior purpose of reducing him to silence |
Article 5, Article 18 |
211. |
Turkey |
GURBAN (4947/04) final on: 15/03/2016 Complex problem |
Previous DH meeting: / Last information received in: October 2021 |
Absence of any review mechanism for an aggravated life imprisonment sentence and conditions of detention |
Article 3 |
212. |
Turkey |
OPUZ group (33401/02) final on: 09/09/2009 Complex problem |
Previous DH meeting: 1390 (December 2020)
Last information received in: October 2020 |
Authorities' failure to provide protection from domestic violence |
Article 2, Article 3, Article 14 |
213. |
Turkey |
OYAL group (4864/05) final on: 23/06/2010 Complex problem |
Previous DH meeting: 1259 (June 2016) Last information received in: September 2021 |
Medical negligence and lack of effective investigation |
Article 2, Article 6§1, Article 13 |
214. |
Turkey |
OZMEN (28110/08) group final on: 04/03/2013 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: March 2019 |
International child abduction and non- application of international law by domestic courts |
Article 8 |
215. |
Turkey |
PISKIN (33399/18) final on: 19/04/2021 Complex problem |
Previous DH meeting: / Last information received: / |
Inadequate judicial review of the dismissal of an employee in a public institute, under an emergency legislative decree, for his alleged ties to a terrorist organisation regarded as the instigator of the attempted coup of 15 July 2016; unnecessary interference and lack of the requisite minimum level of protection against arbitrariness. |
Article 6§1, Article 8 |
216. |
Turkey |
SELAHATTIN DEMIRTAS (NO 2) (14305/17) final on: 22/12/2020 URIM Complex problem |
Previous DH meeting 1411 (September 2021) Last information received in: October 2021 |
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. |
Article 10, Article 3 of Protocol No. 1; Article 5 §§ 1 and 3; Article 18 in conjunction with Article 5 |
217. |
Turkey |
ULKE group (39437/98) final on: 24/04/2006 Complex problem Structural problem |
Previous DH meeting: 1377 (June 2020) Last information received in: August 2021 |
Repetitive convictions and prosecutions for having refused to carry out compulsory military service on account of religious beliefs or other convictions; absence of an accessible procedure to establish status as conscientious objector |
Article 3, Article 6, Article 9 |
218. |
Turkey |
VARNAVA and Others (16064/90) final on: 18/09/2009 Complex problem |
Previous DH meeting: 1398 (March 2021)
Last information received in: November 2020 |
Lack of effective investigations into the fate of Greek Cypriots who disappeared during the Turkish military operations in Cyprus in 1974 |
Article 2, Article 3, Article 5 |
219. |
Turkey |
XENIDES-ARESTIS group (46347/99) final on: 23/05/2007, 22/03/2006 Complex problem |
Previous DH meeting: 1411 (September 2021)
Last information received in: June 2021 |
Continuous denial of access to property in the northern part of Cyprus and consequent loss of control thereof and violation of the right to respect for the applicants' home in some cases |
Article 1 of Protocol No. 1, Article 8 |
220. |
Turkey |
YILDIRIM (3111/10) final on: 18/03/2013 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: January 2021 |
Restriction of access to Internet and wholesale blocking of Internet sites |
Article 10 |
221. |
Ukraine |
AFANASYEV group (38722/02) final on: 05/07/2005 Complex problem |
Previous DH meeting: 1398 (March 2021)
Last information received in: February 2021 |
Ill-treatment/torture by police and lack of effective investigations |
Articles 2 and 3 |
222. |
Ukraine |
ARSKAYA group (45076/05) final on: 05/03/2014 Complex problem |
Previous DH meeting: Last information received in: October 2021 |
Medical negligence in public hospitals having caused death or serious health issues, and lack of effective investigation |
Article 2, Article 3 |
223. |
Ukraine |
BALITSKIY group + YAREMENKO group (12793/03) final on : 03/02/2012 Complex problem |
Previous DH meeting: 1294 (September 2017) Last information received in: April 2018 |
Unfair convictions based on confessions given under duress; abusive use of administrative detention |
Articles 6§1 and 6§(c) |
224. |
Ukraine |
BELOZOROV (43611/02) final on : 15/01/2016 Complex problem |
Previous DH meeting: / Last information received in: October 2021 |
Various breaches of the applicant’s rights to liberty and security, and the right to privacy, by the authorities of Ukraine and the Russian Federation, in the course of his unlawful transfer from Ukraine to the Russian Federation. |
Article 5§1 and Article 8 |
225. |
Ukraine |
FEDORCHENKO and LOZENKO group (387/03) final on : 20/12/2012 Complex problem |
Previous DH meeting: 1377 (June 2020) Last information received in: April 2021 |
Failure to carry out effective investigations into violent acts allegedly carried out on racial/ethnic grounds and to investigate a possible causal link between alleged racist attitudes and the attacks. |
Articles 2, 3, 8, 9 and Article 14 |
226. |
Ukraine |
GONGADZE (34056/02) final on : 08/02/2006 Complex problem |
Previous DH meeting: 1398 (December 2020) Last information received in: August 2021 |
Killing of a journalist and lack of effective investigation |
Article 2, Article 3, Article 13 |
227. |
Ukraine |
IGNATOV group (40583/15) final on : 15/03/2017 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: September 2021 |
Unlawful arrests, unlawful and lengthy detention on remand, notably lack of court order for detention between the end of investigation and trial |
Article 2 § 1 of Protocol No. 7, Article 3, Article 5, Article 5§1, Article 5§3, Article 5§4, Article 5§5, Article 6§1 |
228. |
Ukraine |
KARABET AND OTHERS group (38906/07) Final on: 17/04/2013 Complex problem |
Previous DH meeting: 1340 March 2019 Last information received in: April 2020 |
Large-scale violence against prisoners with involvement of special forces units either as punishment or during training exercises, and absence of effective investigation |
Article 3, Article 1 of Protocol No. 1 |
229. |
Ukraine |
KEBE AND OTHERS group (12552/12) Final on: 12/04/2017 Complex problem |
Previous DH meeting: 1331 (December 2018) Last information received in: October 2021 |
Various deficiencies in the procedures related to different aspects of the treatment of asylum-seekers |
Article 13 in conjunction with Article 3; Article 5 § 1 (f)), Article 5 § 4 |
230. |
Ukraine |
KHAYLO group (39964/02) final on: 05/03/2014 Complex problem |
Previous DH meeting: 1324 (September 2018) Last information received in: June 2018 |
Violations of right to life and lack of effective investigation. |
Article 2, Article 3, Article 5, Article 34 |
231. |
Ukraine |
KOSMATA (10558/11) final on: 15/01/2015 Complex problem |
Previous DH meeting: / Last information received in: July 2021 |
Ineffective investigation into the death in an industrial accident |
Article 2 |
232. |
Ukraine |
KOVAL AND OTHERS (22429/05) final on: 15/02/2013 Complex problem |
Previous DH meeting: 1398 (March 2021) Last information received in: February 2021 |
Unlawful search and seizure of property, lack of effective remedy |
Articles 3, 5§1, 6, 8, 13 and Article 1 of Protocol No. 1 |
233. |
Ukraine |
LEVCHUK v. Ukraine (17496/19) final on: 03/12/2020 Complex problem |
Previous DH meeting: / Last information received in: August 2021 |
Failure to ensure the applicant’s protection from domestic violence |
Article 8 |
234. |
Ukraine |
LOGVINENKO groups (13448/07) final on: 14/01/2011 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: April 2021 |
Lack of adequate medical treatment in detention and lack of effective remedies, failure to comply with interim measures indicated under Rule 39 and provide the applicants with adequate medical care; and failure to protect the right to life of individuals in pre-trial detention by denying urgent hospitalisation. |
Articles 2, 3 and 34 |
235. |
Ukraine |
LUTSENKO + YULIA TYMOSHENKO (6492/11) final on: 19/11/2012 30/07/2013 Complex problem |
Previous DH meeting: 1406 (June 2021) Last information received in: March 2021 |
Circumvention of legislation by prosecutors and judges in the context of criminal investigations in order to restrict liberty for reasons other than those permissible under the Convention |
Article 5 and Article 18 |
236. |
Ukraine |
MERIT group (66561/01) final on : 30/06/2004 Complex problem |
Previous DH meeting: 1383 (September 2020) Last information received in: July 2021 |
Excessive length of civil and criminal proceedings; absence of an effective remedy |
Article 1 of Protocol No. 1, Article 2 of Protocol No. 4, Article 5§3, Article 6§1 and 13 |
237. |
Ukraine |
M.R. AND D.R. (63551/13) final on : 22/08/2018 Complex problem |
Previous DH meeting: /1390 (December 2020) Last information received in: September 2021 |
Lack of available legislative and administrative framework to enforce the court order under the Hague Convention |
Article 8 |
238. |
Ukraine |
NAYDYON group (16474/03) final on : 14/01/2011 Complex problem |
Previous DH meeting: 1348 (June 2019) Last information received in: September 2021 |
Lack of a clear procedure allowing prisoners access to documents necessary to substantiate their complaints to the Court |
Article 34, Article 6§1 |
239. |
Ukraine |
NECHIPORUK AND YONKALO (42310/04) final on : 21/07/2011 Complex problem |
Previous DH meeting: / Last information received in: May 2012 |
Unfair trials following torture and ill-treatment in police custody and ineffective investigations |
Articles 3, 5§1, 5§2,5§3, 5§4, 5§5, 6§1 and 6§3 (c) |
240. |
Ukraine |
NEVMERZHITSKY groups (54825/00) final on : 25/01/2008 Complex problem Structural problem |
Previous DH meeting: 1406 (June 2021) Last information received in: October 2021 |
Conditions of detention |
Articles 3, 5, 6, 8, 34 |
241. |
Ukraine |
OLEKSANDR VOLKOV group (65518/01) final on : 06/12/2005 27/05/2013 Complex problem |
Previous DH meeting: 1411 (September 2021)
Last information received in: July 2021 |
Various violations related to the independence and impartiality of the judiciary; interference of the executive power with the judiciary; unfair disciplinary proceedings brought against a judge |
, Articles 6 and 8 |
242. |
Ukraine |
PETUKHOV (No. 2) group (41216/13) final on: 09/09/2019 Complex problem |
Previous DH meeting: 1411 (September 2021) Last information received in: August 2021 |
Irreducibility of life sentences |
Article 3 |
243. |
Ukraine |
POLYAKH and others (58812/15) Final on 24/02/2020 Complex problem |
Previous DH meeting: / Last information received in: November 2020 |
Dismissal of civil servants under lustration law |
Articles 8 and 6 |
244. |
Ukraine |
SERGEY SHEVCHENKO group (32478/02) final on: 04/07/2006 Complex problem |
Previous DH meeting: 976 (October 2006) Last information received in: September 2021 |
Death during military service and lack of effective investigation |
Article 2, Article 13 |
245. |
Ukraine |
SHMORGUNOV and OTHERS group (15367/14) final on: 21/04/2021 Complex problem |
Previous DH meeting: Last information received in: |
Numerous violations of human rights during Maidan protests |
Articles 2, 3, 5, 8, 11 |
246. |
Ukraine |
SHVETS (22208/17) final on 23/07/2019 Structural and complex problem |
Previous DH meeting: /1390 (December 2020) Last information received in: October 2020 |
Failure to enforce the court judgment granting access rights to the applicant's minor grandchild |
Article 8 |
247. |
Ukraine |
SHVYDKA (17888/12) final on: 30/01/2015 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2021 |
Non suspensive effect of appeals against administrative offences; disproportionate administrative arrest for act of freedom of expression |
Article 2 of Protocol No. 7 |
248. |
Ukraine |
VENIAMIN TYMOSHENKO and Others (48408/12) final on: 02/01/2015 Complex problem |
Previous DH meeting: 1288 (June 2017) Last information received in: October 2021 |
Unlawful ban on a strike |
Article 11 |
249. |
Ukraine |
VYERENTSOV group (20372/11) final on: 11/07/2013 Structural problem |
Previous DH meeting: 1288 (June 2017) Last information received in: November 2020 |
Deficiencies in the legislation and administrative practices governing the right of freedom of assembly, notably leading to unforeseeable convictions of participants in demonstrations |
Articles 3 and 6§1 |
250. |
Ukraine |
YUKHYMOVYCH (11464/12) final on: 17/03/2021 Complex problem |
Previous DH meeting:/ Last information received in:/ |
Killing during an arrest attempt and lack of effective investigation |
Article 2 |
251. |
Ukraine |
ZELENCHUK and TSYTSYURA (846/16) Final on 22/08/2018 Complex problem |
Previous DH meeting: 1362 (December 2019) Last information received in: October 2021 |
Long-standing and disproportionate land moratorium of broad scope and inflexible nature |
Article 1 of Protocol No. 1 |
252. |
Ukraine |
ZHOVNER group + YURIY NIKOLAYEVICH IVANOV (56848/00) final on : 29/09/2004 15/01/2010 Complex problem Pilot judgment |
Previous DH meeting: 1398 (March 2021) Last information received in: July 2021 |
Long standing problem of non-enforcement of domestic judgments, mostly delivered against the State or State enterprises; absence of effective remedies |
Article 1 of Protocol No. 1, Article 6§1, Article 13 |
253. |
United Kingdom |
GAUGHRAN (45245/15) final on : 13/06/2020 Structural problem |
Previous DH meeting: / Last information received in: February 2021 |
Indefinite retention of DNA profile, fingerprints and photograph of person convicted of minor offence, in the absence of any real review |
Article 8 |
254. |
United Kingdom |
McKERR group (28883/95) final on : 04/08/2001 Structural problem Complex problem |
Previous DH meeting: 1398 (March 2021)
Last information received in: January 2021 |
Actions of security forces in Northern Ireland in the 1980s and 1990s: shortcomings in subsequent investigation of deaths; lack of independence of investigating police officers; lack of public scrutiny and information to victims' families on reasons for decisions not to prosecute |
Article 2 (procedural) |
255. |
United Kingdom |
V.C.L and A.N. Final on 05/07/2021 Complex problem |
Previous DH meeting: / Last information received in: |
Failure to take adequate operational measures to protect two potential victims of child trafficking from prosecution |
Article 4 and 6 |