Information Noteon the Courts case-law

No. 195 April 2016

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The Information Note, compiled by the Courts Case-Law Information and Publications Division, contains summaries of cases examined during the month in question which the Registry considers as being of particular interest. The summaries are not binding on the Court. In the provisional version the summaries are normally drafted in the language of the case concerned, whereas the final single-language version appears in English and French respectively. The Information Note may be downloaded at . For publication updates please follow the Courts Twitter account at .

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ISSN 1996-1545

Council of Europe / European Court of Human Rights, 2016 Photos: Council of Europe

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TABLE OF CONTENTS

ARTICLE 2

Use of force Effective investigation

Fatal shooting of applicants relatives by military forces and ineffectiveness of ensuing investigation: violations

Cangz and Others v. Turkey - 7469/06 .................................................................................. 7

ARTICLE 3

Degrading treatment

Ill-treatment of lawyer representing client at police station: violationCazan v. Romania - 30050/12 ............................................................................................... 7

Bodies of applicants relatives displayed at military base for the purpose of examination by prosecutor and doctors: no violation

Cangz and Others v. Turkey - 7469/06 .................................................................................. 8

Inhuman or degrading punishment

De facto irreducibility of life sentence imposed on prisoner suffering from mental illness: violationMurray v. the Netherlands [GC] - 10511/10 ........................................................................... 9

ARTICLE 5

Article 5 1

Deprivation of liberty

Lawyer held in office in police station for less than ten minutes: no violationCazan v. Romania - 30050/12 ............................................................................................. 10

ARTICLE 6

Article 6 1 (civil)

Fair hearing

Application of supervisory review procedure in applicants civil cases following 2008 reform in conformity with legal certainty requirement: no violation

Trapeznikov and Others v. Russia - 5623/09 et al. ................................................................. 10

Article 6 1 (criminal)

Fair hearing

Court of Appeals decision to overturn acquittal on the basis of its own assessment of the record of evidence that had been before the trial court: no violation

Kashlev v. Estonia - 22574/08 .............................................................................................. 12

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European Court of Human Rights / Information Note 195 April 2016

ARTICLE 8

Respect for private life

Positive obligations

Inadequate investigation into racist abuse directed at woman of Roma origin: violation

R.B. v. Hungary - 64602/12................................................................................................. 12

Respect for home

Order, without proportionality assessment, for demolition of applicants home for breach of building regulations: demolition would constitute a violation

Ivanova and Cherkezov v. Bulgaria - 46577/15 ..................................................................... 13

ARTICLE 9

Freedom of religion

Manifest religion or belief

Refusal to provide public religious services to members of Alevi faith: violation

zzettin Doan and Others v. Turkey [GC] - 62649/10 .......................................................... 15

ARTICLE 10

Freedom of expression

Detention and administrative conviction of solo demonstrators for breach of prior-notification requirement: violation

Novikova and Others v. Russia - 25501/07 et al. ................................................................... 17

ARTICLE 11

Freedom of association

Legally unforeseeable and thus unlawful confiscation of political partys assets: violation

Cumhuriyet Halk Partisi v. Turkey - 19920/13 ...................................................................... 19

ARTICLE 14

Discrimination (Article 3)

Failure to take into account possible discriminatory motives in investigation of homophobic attack: violation

M.C. and A.C. v. Romania - 12060/12 ................................................................................ 21

Discrimination (Article 9)

Difference in treatment between members of Alevi faith and citizens adhering to majority branch of Islam: violation

zzettin Doan and Others v. Turkey [GC] - 62649/10 .......................................................... 21

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European Court of Human Rights / Information Note 195 April 2016

ARTICLE 1 OF PROTOCOL No. 1

Peaceful enjoyment of possessions

Five-year instalment payment plan set up to remedy delays in compensation for war-related property loss: no violation

Lukats v. Romania - 24199/07 ............................................................................................. 22

Control of the use of property

Order for demolition of applicants home for breach of building regulations: demolition would not constitute a violation

Ivanova and Cherkezov v. Bulgaria - 46577/15 ..................................................................... 22

ARTICLE 4 OF PROTOCOL No. 7

Right not to be tried or punished twice

Revocation of firearms licence by police authority following conviction for assault: inadmissiblePalmn v. Sweden (dec.) - 38292/15 ..................................................................................... 23

DECISIONS OF OTHER INTERNATIONAL JURISDICTIONS

Court of Justice of the European Union (CJEU)

Procedure for dealing with execution of European Arrest Warrant in case of actual risk of inhuman or degrading conditions of detention in issuing State

Pl Aranyosi and Robert Cldraru - Joined cases C-40415 and C-65915 PPU ..................... 23

Inter-American Court of Human Rights

Obligation to guarantee the effective use and enjoyment of the collective territory of indigenous and tribal Peoples through title clearing

Case of Punta Piedra Garifuna Community v. Honduras - SeriesC No.304 ........................... 25

COURT NEWS .................................................................................................................................... 26

Elections

2016 Ren Cassin advocacy competition

RECENT PUBLICATIONS ................................................................................................................ 27

Case-Law Overview 2015

Factsheets

Translation of the Case-Law Information Note into Turkish

Admissibility Guide: new translations

Case-Law Guides: new translations

Joint FRA/ECHR Handbooks: new translations

Annual Report 2015 of the ECHR

Annual Report 2015 on the execution of judgments of the Court

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European Court of Human Rights / Information Note 195 April 2016

Article 2 Article 3

ARTICLE 2

Use of force Effective investigation

Fatal shooting of applicants relatives by military forces and ineffectiveness of ensuing investigation: violations

Cangz and Others v. Turkey - 7469/06Judgment 26.4.2016 [Section II]

(See Article 3 below, page 8)

ARTICLE 3

Degrading treatment

Ill-treatment of lawyer representing client at police station: violation

Cazan v. Romania - 30050/12Judgment 5.4.2016 [Section IV]

Facts The applicant, a lawyer, accompanied one of his clients to a police station in order to seek information on the content of a criminal file against the client. According to the applicant, an argument broke out with a police officer, who locked him in an office for about ten minutes in order to force him to sign a record of their interview, and then twisted his finger while attempting to prevent him from using his mobile telephone. The state of his finger was noted by a doctor, but his criminal complaint was dismissed on account of the lack of definite evidence of the police officers criminal liability.

Law

Article 3: The Court has already emphasised the importance of the role play