ECHR Cases

Full reports of the cases from the court's website, in plain text or MS Word format, can be accessed by using the search facility on this site.
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Ahmet Sadik v Greece
Application number: 00018877/91 [more]
Date: 15/11/1996
Facts: Greek Muslim standing for election produced pamphlets etc describing the Muslim minority of the region as Turkish. Only a religious minority had been recognised in the region, rather than a Turkish minority, and the applicant was subsequently convicted of disturbing public peace.
Main minority-rights issues: Existence of minority, pluralism, self-definition.
Result: Merits of the case not considered, due to failure to exhaust domestic remedies (freedom of expression not argued before the Greek courts)
Sidiropoulos & Others v Greece
Application number: 00026695/95 [more]
Date: 10/07/1998
Facts: Refusal of Greek courts to register an association suspected of undermining the country's territorial integrity
Main minority-rights issues: existence, pluralism, self-definition
Result: Violation of Article 11 (freedom of association) as the refusal was disproportionate to the objective pursued.
United Communist Party of Turkey & Others v Turkey
Application number: 00019392/92 [more]
Date: 30/01/1998
Facts: Political party dissolved by the Turkish Constitutional Court
Main issues: whether political parties are within the scope of Article 11, national security, whether interference was necessary in a democratic society.
Main minority rights issues: Existence, pluralism, self-definition
Result: Violation of article 11 (freedom of association)
Freedom & Democracy Party (ÖZDEP) v Turkey
Application number: 00023885/94 [more]
Date: 08/12/1999
Facts: Political party dissolved following by Turkish Constitutional case on grounds that the party's programme sought to undermine the territorial integrity and secular nature of the State. Leaders of party banned from holding similar office in other political parties.
Main issues: whether interference was necessary in a democratic society.
Main minority rights issues: Existence, pluralism, self-definition.
Result: Violation of article 11 (freedom of association)
Belgian Linguistics Case
Application number: 00001474/62; 00001677/62; 00001691/62; 00001769/63; 00001994/63; 00002126/64 [more]
Date: 23/07/1968
Facts: Restrictions on access to linguistic education and especially the language of instruction at schools (restrictions based on residence).
Main minority-rights issues: non-discrimination
Result: Violation of Article 14 together with Article 2, Protocol 1 (discrimination and the right to education)
Assenov & Others v Bulgaria
Application number: 00024760/94 [more]
Date: 28/10/1998
Facts: alleged ill-treatment by police and the question of pre-trial detention
Main minority-rights issues: human dignity
Result: Violation of article 3 (need for an effective investigation of arguable claims of ill-treatment) and article 13 (effective remedy). Also found a violation of article 5.3 (right to be brought promptly before judge or other officer, and to trial within reasonable time), violation of article 5.4 (right to have continuous lawfulness of pre-trial detention determined by a court), and violation of article 25.1
Stjerna v Finland
Application number: 00018131/91 [more] [more]
Date: 25/11/1994
Facts: refusal to permit change of surname to a name allegedly used by applicant's ancestors.
Main minority-rights issues: Identity issues, private life
Result: no violation of Article 8 (right to respect for private life) and no violation of Art. 14 taken together with article 8 (discrimination and private life)
Buckley v the UK
Application number: 00020348/92 [more]
Date: 25/09/1996
Facts: Planning permission refused for location of living units (3 caravans) on applicant's land.
Main minority-rights issues: Identity issues, ways of life
Result: no violation of Article 8 (right to respect for private life) and no violation of Art. 14 taken together with article 8 (discrimination and private life)
McGuinness v the UK
Application number: 00039511/98
Date: 08/06/1999
Facts: elected member of UK parliament refused to take the oath of allegiance to the British monarchy and as a result was denied access to facilities available to elected representatives.
Main issues: Applicant claimed an unjustified interference with article 10 (freedom of expression) Whether proportionate or necessary in a democratic society. Also claimed under article 9 (religion) and article 13 (effective remedy).
Main minority-rights issues: Identity, loyalty
Result: Application inadmissible, complaints manifestly ill-founded (within meaning of Article 35.3)
Thlimmenos v Greece
Application number: 00034369/97 [more]
Date: 06/04/2000
Facts: Applicant (Jehovah's witness) convicted of insubordination for refusal to wear military uniform at time of mobilisation. Alleged violation of article 9 (freedom of thought, conscience and religion) taken in conjunction with Article 14 (discrimination) in that the law excluding persons convicted of a serious crime from appointment to a chartered accountant's post did not distinguish between persons convicted as a result of their religious beliefs and those convicted on other grounds.
Main minority-rights issues: Freedom of religion and discrimination.
Result: Violation of article 9 (freedom of thought, conscience and religion) taken in conjunction with article 14 (discrimination). Also held a violation of article 6 (on length of proceedings)
Podkolzina v Latvia
Application number: 00046726/99 [more]
Date: 09/04/2002
Facts: removal of applicant's name from list of candidates for general election due to insufficient knowledge of official language. (Case related to right to stand as a candidate for election under article 3 Protocol 1, linguistic requirements for candidates for election to parliament, proportionality)
Main minority-rights issues: linguistic minorities
Result: Violation of article 3 of Protocol 1 (right to stand as a candidate for election)
Refah Partisi & Others v Turkey (2003)
Application number: 00041340/98; 00041342/98; 00041343/98; 00041344/98
Date: 13/02/2003
Facts: dissolution of a political party by the Turkish Constitutional Court and suspension of certain political rights of its leaders on grounds that the party was a centre of activities undermining the principle of secularism. (Question whether dissolution was necessary in a democratic society, proportionality, pressing social need)
Main minority-rights issues: Pluralism, balancing rights and protection of democratic system. Possibility of restrictions on rights
Result: No violation of article 11 (freedom of association)
Gorzelik & Others v Poland
Application number: 00044158/98
Date: 20/12/2001
Facts: Refusal by Polish courts to permit registration of an association under a chosen name "Union of People of Silesian Nationality"
Main minority-rights issues: Identity, registration / recognition of minority
Result: No violation of article 11 (freedom of association)
Stankov & United Macedonian Organisation Ilinden v Bulgaria
Application number: 00029221/95; 00029225/95 [more]
Date: 02/10/2001
Facts: Prohibition of public commemorative meetings on grounds of public order. (Previous refusal by Bulgarian courts to permit registration of an association on the grounds it was directed against the unity of the nation).
Main issues: whether interference was necessary in democratic society, or proportionate to aim pursued
Result: Violation of article 11 (freedom of assembly and association)
Kalderas Gypsies v FRG & Netherlands
(1977) 11 DR 221
Facts: Refusal to issue identification papers
Main minority-rights issues: Human dignity, Identity
Result: inadmissible due to non-exhaustion of domestic remedies
Canea Catholic Church v Greece
Application number: 00025528/94
Date: 16/12/1997
Facts: Church unable to take legal proceedings as a result of civil courts' refusal to acknowledge that it had legal personality
Main issues: Access to a court
Main minority-rights issues: Identity, Recognition.
Result: Violation of article 6 (fair trial) and article 6 taken in conjunction with article 14 (discrimination)
Cha'are Shalom ve Tesdek v France
Application number: 00027417/95
Date: 27/06/2000
Facts: Refusal by French authorities to grant a Jewish association approval for access to slaughterhouses for slaughter in accordance with religious prescriptions
Main issues: objective and reasonable justification, proportionality
Main minority-rights issues: manifestation of religious belief
Result: No violation of article 9 (freedom of though, belief and religion), no violation of article 9 taken in conjunction with article 14 (discrimination)
Church of Bessarabia & others v Moldova
Application number: 00045701/99
Date: 13/12/2001
Facts: Refusal to recognise the Metropolitan Church of Bessarabia
Main issues: necessary in a democratic society, effective remedy, freedom of religion, freedom of association
Main minority-rights issues: Recognition, Identity, manifestation of religious belief, Pluralism
Result: Violation of article 9 (freedom of thought, belief and religion), and violation of article 13 (effective remedy)
Chapman v the UK
Application number: 00027238/95 [more]
Date: 18/01/2001
Facts: Refusal of planning permission to station caravans on applicant's own land
Main issues: private and family life, peaceful enjoyment of possessions (Protocol 1, article 1), discrimination, proportionality, objective and reasonable justification
Main minority-rights issues: Respect for way of life, Identity, Council of Europe Framework Convention on the Rights of National Minorities
Result: No violation of article 8, no violation of article 1 of Protocol 1, no violation of article 6, no violation of article 14
Beard v the UK
Application number: 00024882/94
Date: 18/01/2001
Facts: Refusal of planning permission to station caravans on applicant's own land
Main issues: home, private and family life, peaceful enjoyment of possessions (Protocol 1, article 1), discrimination, proportionality, objective and reasonable justification
Main minority-rights issues: Respect for way of life, Identity, Council of Europe Framework Convention on the Rights of National Minorities
Result: No violation of article 8, no violation of article 14
Coster v the UK
Application number: 00024876/94
Date: 18/01/2001
Facts: Refusal of planning permission to station caravans on applicant's own land
Main issues: home, private and family life, peaceful enjoyment of possessions (Protocol 1, article 1), discrimination, right to education (Protocol 1, article 2), proportionality, objective and reasonable justification
Main minority-rights issues: Respect for way of life, Identity, Council of Europe Framework Convention on the Rights of National Minorities
Result: No violation of article 8, no violation of article 14, no violation of Articles 1 or 2 of Protocol 1, No violation of Article 14
Lee v the UK
Application number: 00025289/94
Date: 18/01/2001
Facts: Refusal of planning permission to station caravans on applicant's own land
Main issues: home, private and family life, peaceful enjoyment of possessions (Protocol 1, article 1), discrimination, right to education (Protocol 1, article 2), proportionality, objective and reasonable justification
Main minority-rights issues: Respect for way of life, Identity, Council of Europe Framework Convention on the Rights of National Minorities
Result: No violation of article 8, no violation of article 14, no violation of Articles 1 or 2 of Protocol 1
Jane Smith v the UK
Application number: 00025154/94
Date: 18/01/2001
Facts: Refusal of planning permission to station caravans on applicant's own land
Main issues: home, private and family life, peaceful enjoyment of possessions (Protocol 1, article 1), discrimination, right to education (Protocol 1, article 2), access to a court (article 6), proportionality, objective and reasonable justification
Main minority-rights issues: Respect for way of life, Identity, Council of Europe Framework Convention on the Rights of National Minorities
Result: No violation of article 8, no violation of article 14, no violation of article 6, no violation of Articles 1 or 2 of Protocol 1
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