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
(June 2021)

Last information received in:
 July 2020

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:
July 2019

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:
January 2020

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:
February 2021

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:
February
2019

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:
April 2016

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:
November 2019

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:
 March 2021

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:
July 2021

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:
January 2021

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
(June 2019)

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:
October 2021

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:
March  2021

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
(June 2018)

Last information received in:
June 2021

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
(June 2018)

Last information received in:
January 2019

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:  
July and August 2021

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
(December

2018)

Last information received in:
July 2021

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:
October 2021

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
(June 20
21)

Last information received in:
April 2021

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
(June 2021)

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:
October 2021

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
(December 2020)

 

Last information received in:
October 2020

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
(December 2020)

Last information received in:
October 2020

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
(December 2020)

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:
March 2021

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

Premature termination of the applicant’s mandate as President of the Supreme Court through ad hominem legislative measures beyond judicial control, prompted by the applicant’s expression of views and criticisms and exerting a “chilling effect” also on other judges and court presidents

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

Absence of an effective remedy under the domestic law, as interpreted by the Constitutional Court, against the premature termination of the applicant’s mandate as Chief Prosecutor of the National Anticorruption Directorate, prompted by her expression of legitimate public criticism of legislative reforms affecting the judiciary and exerting a “chilling effect” on other prosecutors and judges

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:
May 2021

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