Cases List 2016 ENG

KEY CASES
2016
List of cases recommended European Court of

by the Jurisconsult and Human Rights
approved by the Bureau February 2017
NOTE ON CITATION
Cases are listed by reference to the relevant Convention Articles and
alphabetically by applicant and by respondent State.
By default, all references are to Chamber judgments. Grand Chamber
cases, whether judgments or decisions, are indicated by “[GC]”. Decisions
are indicated by “(dec.)”.
Chamber judgments that are not yet “final” within the meaning of
Article 44 of the Convention are marked “(not final)”. In the event that any
such judgment is accepted for referral to the Grand Chamber in accord-
ance with Article 43, it will not be included in the present list.
For information on the manner of citing the Court’s case-law, please see
here.
The Court reserves the right to report some or all of the judgments and
decisions listed below in the form of extracts. The full original language
version or versions of any such judgment or decision will remain availa-
ble for consultation in the HUDOC database
Article 44 § 2 Article 43
The judgment of a Chamber shall become final 1. Within a period of three months from the date
of the judgment of the Chamber, any party to
(a) when the parties declare that the case may, in exceptional cases, request that
they will not request that the case be the case be referred to the Grand Chamber.
referred to the Grand Chamber; or
2. A panel of five judges of the Grand Chamber shall accept
(b) three months after the date of the the request if the case raises a serious question affecting
judgment, if reference of the case to the the interpretation or application of the Convention or the
Grand Chamber has not been requested; or Protocols thereto, or a serious issue of general importance.
(c) when the panel of the Grand Chamber 3. If the panel accepts the request, the Grand Chamber
rejects the request to refer under Article 43. shall decide the case by means of a judgment.
Contents
CASES BY ARTICLE 4
CASES BY APPLICANT 12
CASES BY STATE 14
Key cases 2016 Cases by article Page 4
Cases by article
ARTICLE 1
JURISDICTION OF STATES
Jurisdiction of Moldovan and Russian Governments in relation to per-
son detained within separatist region of the Republic of Moldova
Mozer v. the Republic of Moldova and Russia [GC], no. 11138/10, 23.2.2016
Judgment | Legal summary
ARTICLE 2
EXPULSION
Proposed expulsion to Iran of low-profile political activ-
ist: deportation would not constitute a violation
Proposed expulsion to Iran without adequate investigation
of reality and implications of conversion to Christianity after
arrival in Europe: deportation would constitute a violation
F.G. v. Sweden [GC], no. 43611/11, 23.3.2016
Article 2 § 1
EFFECTIVE INVESTIGATION
Alleged failure to conduct effective investigation into fatal shooting
of person mistakenly identified as suspected terrorist: no violation
Armani da Silva v. the United Kingdom [GC], no. 5878/08, 30.3.2016
ARTICLE 3
DEGRADING TREATMENT
Limited personal space in multi-occupancy prison
accommodation: violation; no violations
Muršić v. Croatia [GC], no. 7334/13, 20.10.2016
DEGRADING TREATMENT | INHUMAN TREATMENT

Conditions of detention and lack of medical assistance in separa-
tist region of the Republic of Moldova: no violation; violation
DEGRADING TREATMENT | INHUMAN TREATMENT

Failure to provide adequate medical care for minor dur-
ing detention to “correct his behaviour”: violation
Blokhin v. Russia [GC], no. 47152/06, 23.3.2016
EFFECTIVE INVESTIGATION | POSITIVE OBLIGATIONS (PROCEDURAL ASPECT)

Refusal to reopen criminal proceedings in respect of which
Government had submitted unilateral declaration: violation
Jeronovičs v. Latvia [GC], no. 44898/10, 5.7.2016
EXPULSION
Proposed expulsion to Iran of low-profile political activ-
ist: deportation would not constitute a violation
Proposed expulsion to Iran without adequate investigation
of reality and implications of conversion to Christianity after
arrival in Europe: deportation would constitute a violation
F.G. v. Sweden [GC], no. 43611/11, 23.3.2016
EXPULSION
Proposed deportation to Iraq of family threatened by
al-Qaeda: deportation would constitute a violation
J.K. and Others v. Sweden [GC], no. 59166/12, 23.8.2016
EXPULSION
Proposed deportation of person suffering from serious illness to his
country of origin in face of doubts as to the availability of appropriate
medical treatment there: expulsion would have constituted a violation
Paposhvili v. Belgium [GC], no. 41738/10, 13.12.2016
INHUMAN OR DEGRADING PUNISHMENT

De facto irreducibility of life sentence imposed on pris-
oner suffering from mental illness: violation
Murray v. the Netherlands [GC], no. 10511/10, 26.4.2016
ARTICLE 4
Article 4 § 3 (a)
WORK REQUIRED OF DETAINEES
Continuing obligation on prisoner to work after
reaching retirement age: no violation
Meier v. Switzerland, no. 10109/14, 9.2.2016
ARTICLE 5
Article 5 § 1
LAWFUL ARREST OR DETENTION
Detention ordered by “courts” of separatist region of the
Republic of Moldova: no violation; violation
Article 5 § 1 (d)
EDUCATIONAL SUPERVISION
Thirty-day placement of minor in detention centre for young
offenders to “correct his behaviour”: violation
Article 5 § 3
REASONABLENESS OF PRE-TRIAL DETENTION
Absence of relevant and sufficient reasons for pre-trial detention other
than reasonable suspicion of commission of an offence: violation
Buzadji v. the Republic of Moldova [GC], no. 23755/07, 5.7.2016
ARTICLE 6
Article 6 § 1 (civil)
ACCESS TO COURT
Decision regarding restitution of places of worship based on “wishes of the
adherents of the communities which owned the properties”: no violation
FAIR HEARING
Profound and lasting divergences in the case-law of a superior court and
failure to use mechanism designed to avoid case-law conflict: violation
Lupeni Greek Catholic Church and Others v. Romania
[GC], no. 76943/11, 29.11.2016
CIVIL RIGHTS AND OBLIGATIONS | CIVIL ACCESS TO COURT

Sanctions imposed on applicants on basis of UN
Security Council resolutions: violation
Al-Dulimi and Montagna Management Inc.
v. Switzerland [GC], no. 5809/08, 21.6.2016
CIVIL RIGHTS AND OBLIGATIONS | ACCESS TO COURT

Inability of Supreme Court President to contest premature ter-
mination of his mandate: Article 6 applicable; violation
Baka v. Hungary [GC], no. 20261/12, 23.6.2016

FAIR HEARING | EQUALITY OF ARMS

Enforcement in Latvia of judgment delivered in Cyprus
in the debtor’s absence: no violation
Avotiņš v. Latvia [GC], no. 17502/07, 23.5.2016
Article 6 § 1 (criminal)
CRIMINAL CHARGE | FAIR HEARING
Lack of adequate procedural guarantees in proceedings lead-
ing to minor’s placement in detention centre for young offend-
ers to “correct his behaviour”: Article 6 applicable
FAIR HEARING
Adequate procedural safeguards in place to enable accused to under-
stand reasons for jury’s guilty verdict in assize court: no violation
Lhermitte v. Belgium [GC], no. 34238/09, 29.11.2016
Article 6 § 3
RIGHTS OF DEFENCE
Lack of adequate procedural guarantees in proceedings lead-
ing to minor’s placement in detention centre for young
offenders to “correct his behaviour”: violation
Article 6 § 3 (c)
DEFENCE THROUGH LEGAL ASSISTANCE
Delayed access to a lawyer during police questioning owing to exception-
ally serious and imminent threat to public safety: violation; no violation
Ibrahim and Others v. the United Kingdom [GC],
nos. 50541/08 and 3 others, 13.9.2016
ARTICLE 8
EXPULSION
Proposed deportation of person suffering from serious illness to his
country of origin in face of doubts as to the availability of appropriate
medical treatment there: expulsion would have constituted a violation
Paposhvili v. Belgium [GC], no. 41738/10, 13.12.2016
RESPECT FOR PRIVATE LIFE

Withdrawal of citizenship following annulment
of simulated marriage: no violation
Ramadan v. Malta, no. 76136/12, 21.6.2016
RESPECT FOR PRIVATE LIFE

Legislation preventing health professionals assist-
ing with home births: no violation
Dubská and Krejzová v. the Czech Republic [GC],
nos. 28859/11 and 28473/12, 15.11.2016
Article 8 § 1
RESPECT FOR FAMILY LIFE | RESPECT FOR PRIVATE LIFE
Restrictions on visits by family members and on right to
converse in own language in prison in separatist region
of the Republic of Moldova: no violation; violation
ARTICLE 9
FREEDOM OF RELIGION | MANIFEST RELIGION OR BELIEF
Refusal to provide public religious services to members of Alevi faith: violation
İzzettin Doğan and Others v. Turkey [GC], no. 62649/10, 26.4.2016
Article 9 § 1
FREEDOM OF RELIGION
Refusal by prison authorities in separatist region of the Republic of
Moldova to allow prisoner to see pastor: no violation; violation
ARTICLE 10
FREEDOM OF EXPRESSION
Fine imposed on opposition MPs for showing billboards and
using a megaphone during parliamentary votes: violation
Karácsony and Others v. Hungary [GC],
nos. 42461/13 and 44357/13, 17.5.2016
FREEDOM OF EXPRESSION
Premature termination of Supreme Court President’s mandate as a result
of views expressed publicly in his professional capacity: violation
Baka v. Hungary [GC], no. 20261/12, 23.6.2016

Article 10 § 1
FREEDOM TO IMPART INFORMATION | FREEDOM
TO RECEIVE INFORMATION
Conviction of a journalist for the publication of materials cov-
ered by the secrecy of a pending investigation: no violation
Bédat v. Switzerland [GC], no. 56925/08, 29.3.2016
FREEDOM TO RECEIVE INFORMATION

Authorities’ refusal to provide an NGO conducting a survey with the names
of public defenders and the number of their appointments: violation
Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11, 8.11.2016
ARTICLE 11
FREEDOM OF ASSOCIATION
Legally unforeseeable and thus unlawful confisca-
tion of political party’s assets: violation
Cumhuriyet Halk Partisi v. Turkey, no. 19920/13, 26.4.2016
FREEDOM OF PEACEFUL ASSEMBLY

Authorities’ failure to communicate with the leaders of a protest
demonstration in order to ensure its peaceful conduct: violation
Frumkin v. Russia, no. 74568/12, 5.1.2016
ARTICLE 13
EFFECTIVE REMEDY
Lack of effective domestic remedies to complain of breach
of Convention rights for person detained in separatist region
of the Republic of Moldova: no violation; violation
EFFECTIVE REMEDY
Lack of suspensive effect of remedy for alleged collective expulsion: no violation
Khlaifia and Others v. Italy [GC], no. 16483/12, 15.12.2016
ARTICLE 14
DISCRIMINATION (ARTICLE 8)
More favourable conditions for family reunion applying to persons
who had held Danish citizenship for at least 28 years: violation
Biao v. Denmark [GC], no. 38590/10, 24.5.2016
DISCRIMINATION (ARTICLE 9)
Difference in treatment between members of Alevi faith and
citizens adhering to majority branch of Islam: violation
İzzettin Doğan and Others v. Turkey [GC], no. 62649/10, 26.4.2016
DISCRIMINATION (ARTICLE 1 OF PROTOCOL NO. 1)

Failure to take account of the needs of child with disabilities
when determining applicant father’s eligibility for tax relief on
the purchase of suitably adapted property: violation
Guberina v. Croatia, no. 23682/13, 22.3.2016
ARTICLE 35
Article 35 § 1
EXHAUSTION OF DOMESTIC REMEDIES | EFFECTIVE DOMESTIC REMEDY
Application for compensation under Law no. 1545 (1998) in
Moldova not effective remedy in respect of unlawful deten-
tion in separatist region: preliminary objection dismissed
ARTICLE 37
SPECIAL CIRCUMSTANCES REQUIRING FURTHER EXAMINATION
Procedural issues justifying continued examination of complaint despite
expiration of deportation order: request to strike out dismissed
F.G. v. Sweden [GC], no. 43611/11, 23.3.2016
STRIKING OUT APPLICATIONS

Continuing obligation of the respondent State to investi-
gate Article 3 complaints even following a decision striking
out the complaint following a unilateral declaration
ARTICLE 1 OF PROTOCOL NO. 1

PEACEFUL ENJOYMENT OF POSSESSIONS
Loss of disability benefits due to newly introduced eligibility criteria: violation
Béláné Nagy v. Hungary [GC], no. 53080/13, 13.12.2016

PROHIBITION OF COLLECTIVE EXPULSION OF ALIENS
Removal to Tunisia of large group of Tunisian sea-migrants after each had been
identified individually and allowed to raise any personal objections: no violation
Khlaifia and Others v. Italy [GC], no. 16483/12, 15.12.2016

RIGHT NOT TO BE TRIED OR PUNISHED TWICE
Parallel administrative and criminal proceedings in
respect of the same conduct: no violation
A and B v. Norway [GC], nos. 24130/11 and 29758/11, 15.11.2016
Key cases 2016 Cases by applicant Page 12
Cases by applicant
A F
A and B v. Norway [GC], nos. 24130/11 F.G. v. Sweden [GC], no. 43611/11, 23.3.2016
and 29758/11, 15.11.2016 Judgment | Legal summary
Al-Dulimi and Montagna Management Inc. Judgment | Legal summary
v. Switzerland [GC], no. 5809/08, 21.6.2016
Judgment | Legal summary G
Armani da Silva v. the United Kingdom Guberina v. Croatia, no. 23682/13, 22.3.2016
[GC], no. 5878/08, 30.3.2016 Judgment | Legal summary
Avotiņš v. Latvia [GC], no. 17502/07, 23.5.2016 I

Ibrahim and Others v. the United Kingdom
[GC], nos. 50541/08 and 3 others, 13.9.2016
B Judgment | Legal summary
Baka v. Hungary [GC], no. 20261/12, 23.6.2016 İzzettin Doğan and Others v. Turkey
Judgment | Legal summary [GC], no. 62649/10, 26.4.2016
Bédat v. Switzerland [GC], no. 56925/08, 29.3.2016
J
Béláné Nagy v. Hungary [GC],
J.K. and Others v. Sweden [GC],
no. 53080/13, 13.12.2016
no. 59166/12, 23.8.2016
Biao v. Denmark [GC], no. 38590/10, 24.5.2016 Jeronovičs v. Latvia [GC], no. 44898/10, 5.7.2016

Judgment | Legal summary K
Buzadji v. the Republic of Moldova Karácsony and Others v. Hungary [GC],
[GC], no. 23755/07, 5.7.2016 nos. 42461/13 and 44357/13, 17.5.2016
Judgment | Legal summary Judgment | Legal summary
Khlaifia and Others v. Italy [GC],

C no. 16483/12, 15.12.2016
Cumhuriyet Halk Partisi v. Turkey,
no. 19920/13, 26.4.2016
Judgment | Legal summary L
Lhermitte v. Belgium [GC], no. 34238/09, 29.11.2016
D Judgment | Legal summary
Dubská and Krejzová v. the Czech Republic Lupeni Greek Catholic Church and Others
[GC], nos. 28859/11 and 28473/12, 15.11.2016 v. Romania [GC], no. 76943/11, 29.11.2016
Key cases 2016 Cases by applicant Page 13
M Muršić v. Croatia [GC], no. 7334/13, 20.10.2016

Magyar Helsinki Bizottság v. Hungary
[GC], no. 18030/11, 8.11.2016 P
Paposhvili v. Belgium [GC],
Meier v. Switzerland, no. 10109/14, 9.2.2016 no. 41738/10, 13.12.2016
Mozer v. the Republic of Moldova and

Russia [GC], no. 11138/10, 23.2.2016 R
Ramadan v. Malta, no. 76136/12, 21.6.2016
Murray v. the Netherlands [GC], Judgment | Legal summary
no. 10511/10, 26.4.2016
Key cases 2016 Cases by State Page 14
Cases by State
BELGIUM ITALY
Lhermitte v. Belgium [GC], no. 34238/09, 29.11.2016 Khlaifia and Others v. Italy [GC],
Judgment | Legal summary no. 16483/12, 15.12.2016
Paposhvili v. Belgium [GC],
no. 41738/10, 13.12.2016 LATVIA
Avotiņš v. Latvia [GC], no. 17502/07, 23.5.2016
CROATIA Judgment | Legal summary

Guberina v. Croatia, no. 23682/13, 22.3.2016 Judgment | Legal summary
Muršić v. Croatia [GC], no. 7334/13, 20.10.2016 MALTA

Judgment | Legal summary Ramadan v. Malta, no. 76136/12, 21.6.2016
CZECH REPUBLIC
Dubská and Krejzová v. the Czech Republic
REPUBLIC OF MOLDOVA
[GC], nos. 28859/11 and 28473/12, 15.11.2016 Buzadji v. the Republic of Moldova
DENMARK Mozer v. the Republic of Moldova and

Russia [GC], no. 11138/10, 23.2.2016
Biao v. Denmark [GC], no. 38590/10, 24.5.2016
NETHERLANDS
HUNGARY
Murray v. the Netherlands [GC],
Baka v. Hungary [GC], no. 20261/12, 23.6.2016 no. 10511/10, 26.4.2016
Béláné Nagy v. Hungary [GC],

no. 53080/13, 13.12.2016
NORWAY
Judgment | Legal summary A and B v. Norway [GC], nos. 24130/11
and 29758/11, 15.11.2016
Karácsony and Others v. Hungary [GC], Judgment | Legal summary
nos. 42461/13 and 44357/13, 17.5.2016
Judgment | Legal summary ROMANIA
Magyar Helsinki Bizottság v. Hungary Lupeni Greek Catholic Church and Others
[GC], no. 18030/11, 8.11.2016 v. Romania [GC], no. 76943/11, 29.11.2016
Key cases 2016 Cases by State Page 15
RUSSIA Bédat v. Switzerland [GC], no. 56925/08, 29.3.2016

Blokhin v. Russia [GC], no. 47152/06, 23.3.2016 Meier v. Switzerland, no. 10109/14, 9.2.2016

TURKEY
Cumhuriyet Halk Partisi v. Turkey,
SWEDEN no. 19920/13, 26.4.2016
F.G. v. Sweden [GC], no. 43611/11, 23.3.2016 İzzettin Doğan and Others v. Turkey
J.K. and Others v. Sweden [GC],
no. 59166/12, 23.8.2016
UNITED KINGDOM
Armani da Silva v. the United Kingdom
SWITZERLAND [GC], no. 5878/08, 30.3.2016
Al-Dulimi and Montagna Management Inc. Ibrahim and Others v. the United Kingdom
v. Switzerland [GC], no. 5809/08, 21.6.2016 [GC], nos. 50541/08 and 3 others, 13.9.2016

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KEY CASES

List of cases recommended European Court of

DEGRADING TREATMENT | INHUMAN TREATMENT

DEGRADING TREATMENT | INHUMAN TREATMENT

EFFECTIVE INVESTIGATION | POSITIVE OBLIGATIONS (PROCEDURAL ASPECT)

INHUMAN OR DEGRADING PUNISHMENT

CIVIL RIGHTS AND OBLIGATIONS | CIVIL ACCESS TO COURT

CIVIL RIGHTS AND OBLIGATIONS | ACCESS TO COURT

Baka v. Hungary [GC], no. 20261/12, 23.6.2016

FAIR HEARING | EQUALITY OF ARMS

RESPECT FOR PRIVATE LIFE

RESPECT FOR PRIVATE LIFE

Baka v. Hungary [GC], no. 20261/12, 23.6.2016

FREEDOM TO RECEIVE INFORMATION

FREEDOM OF PEACEFUL ASSEMBLY

DISCRIMINATION (ARTICLE 1 OF PROTOCOL NO. 1)

STRIKING OUT APPLICATIONS

ARTICLE 1 OF PROTOCOL NO. 1

ARTICLE 4 OF PROTOCOL NO. 4

ARTICLE 4 OF PROTOCOL NO. 7

Avotiņš v. Latvia [GC], no. 17502/07, 23.5.2016 I

Blokhin v. Russia [GC], no. 47152/06, 23.3.2016

Khlaifia and Others v. Italy [GC],

M Muršić v. Croatia [GC], no. 7334/13, 20.10.2016

Mozer v. the Republic of Moldova and

CROATIA Judgment | Legal summary

Jeronovičs v. Latvia [GC], no. 44898/10, 5.7.2016

Muršić v. Croatia [GC], no. 7334/13, 20.10.2016 MALTA

DENMARK Mozer v. the Republic of Moldova and

Béláné Nagy v. Hungary [GC],

RUSSIA Bédat v. Switzerland [GC], no. 56925/08, 29.3.2016

Frumkin v. Russia, no. 74568/12, 5.1.2016

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