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Pressemitteilung  

Der Kanzler des Europäischen Gerichtshofs für Menschenrechte

31/03/06 Gerichtshof – Ankündigung: Geplante Kammerurteile am 4. und 6. April 2006 [en]

EUROPEAN COURT OF HUMAN RIGHTS

188
31.3.2006

Press release issued by the Registrar

FORTHCOMING CHAMBER JUDGMENTS
4 and 6 April 2006

The European Court of Human Rights will be notifying in writing 17 Chamber judgments on Tuesday 4 April 2006 and 32 on Thursday 6 April 2006.

Press releases and texts of the judgments will be available at 11 a.m. (local time) on the Court’s Internet site (http://www.echr.coe.int).

Tuesday 4 April 2006

Maršálek v. the Czech Republic (application no. 8153/04)
The applicant, Vladimír Maršálek, is a Czech national who was born in 1944 and lives in Prague. In 1999 his wife left the marital home, taking her daughter with her.

Relying on Article 6 § 1 (right to a fair hearing within a reasonable time), the applicant complains of the unfairness and the length of the proceedings for the award of parental responsibility. He further complains under Article 8 of an infringement of his right to respect for his private and family life. In addition, he relies on Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) taken together with Article 5 of Protocol No. 7 (equality between spouses).

Corsacov v. Moldova (no. 18944/02)
The applicant, Mihai Corsacov, is a Moldovan national who was born in 1981 and lives in Cǎrpineni (Moldova).

On 9 July 1998 the applicant, who was then 17 years old, was arrested on charges of theft and taken into detention. He claims he was subjected to severe police brutality while under arrest and in detention, following which he was registered as second-degree disabled.

He complains about his treatment by the police and that no effective investigation was carried out into his allegations of ill-treatment, relying on Article 3 (prohibition of torture or inhuman or degrading treatment). He also relies on Article 13 (right to an effective remedy).

Malik v. Poland (no. 57477/00)
The applicant, Andrzej Malik, is a Polish national who was born in 1966 and lives in Dąbrowa Górnicza (Poland).

On 15 October 1998 he was arrested and remanded in custody on suspicion of having committed fraud. He was detained for 17 months.

The applicant complains about his detention, relying on Article 5 § 3 (right to liberty and security).

./..

Sarı and Çolak v. Turkey (nos. 42596/98 and 42603/98)
The applicants, Mustafa Sarı and Sibel Çolak, are Turkish nationals who were born in 1973 and 1977 respectively. At the material time they lived in Ankara.

In 1997 they were arrested and taken into police custody in the course of an operation against the illegal organisation THKP/C Dev Yol – Devrim Hareketi (Turkish People’s Liberation Party/Front – Revolutionary Way – Revolutionary Movement).

Relying on Article 5 (right to liberty and security), the applicants complain of the unlawfulness and the length of their detention in police custody. They also complain under Article 8 (right to respect for private and family life) that they were denied all contact with their family during their detention.

Kobtsev v. Ukraine (no. 7324/02)
The applicant, Oleksandr Mykolayovych Kobtsev, is a Ukrainian national who was born in 1950 and lives in Kyiv.

He was arrested on 30 October 1998 charged with the unlawful possession of ammunition. The proceedings ended on 25 December 2001.

The applicant complains about the length of the criminal proceedings against him, relying on Article 6 § 1 (right to a fair trial within a reasonable time).

Sergey Vasilyevich Shevchenko v. Ukraine (no. 32478/02)
The applicant, Sergey Vasilyevich Shevchenko, is a Ukrainian national who was born in 1944 and lives in Kharkiv (Ukraine).

Around 5.40 a.m. on 3 October 2000 the applicant’s son – a First Lieutenant in the Ukrainian Air Force who was guarding a military airdrome – was found dead in the guardroom with two gunshot wounds to his head. Following an investigation into his death, it was concluded that he had committed suicide.

The applicant complains that the investigation into his son’s death was not independent, adequate or effective, relying on Article 2 (right to life). He also relies on Article 6 § 1 (right to a fair hearing within a reasonable time).

Repetitive cases

Bodur and Others v. Turkey (no. 42911/98)
Karaaslan v. Turkey (no. 72970/01)
In both these cases the applicants complain under Article 1 of Protocol No. 1 (protection of property) about delays in the payment of compensation awarded to them for the expropriation of their property.

Güzel v. Turkey (No. 1) (no. 54479/00)
The applicant, Hasan Celal Güzel, is a Turkish national who was born in 1945 and lives in Ankara. He is a former minister and member of parliament and at the material time was Chairman of the Rebirth Party (Yeniden Doğuş Partisi).

Relying on Article 6 (right to a fair hearing), the applicant complains of the unfairness of the proceedings against him, which ended in 1999 when he was sentenced to one year’s imprisonment for inciting hatred and hostility on account of a speech he had given in 1997.

Lisyanskiy v. Ukraine (no. 17899/02)
Pomazanyy and Shevchenko v. Ukraine (no. 9719/02)
The applicants complain in particular about the lengthy failure to fully execute judgments delivered in their favour. They rely on Article 6 § 1 (access to court).

Length-of-proceedings cases

In the following cases the applicants complain of the excessive length of civil or administrative proceedings.

Heřmanský v. the Czech Republic (no. 20551/02)
Pachman and Mates v. the Czech Republic (no. 14881/02)
Vojáčková v. the Czech Republic (no. 15741/02)
Bitton v. France (No. 2) (no. 41828/02)
Consorts Demir v. France (no. 3041/02)
Magyar v. Hungary (No. 2) (no. 442/03)
Thursday 6 April 2006

Rahbar-Pagard v. Bulgaria (nos. 45466/99 and 29903/02)
Violeta Simeonova Rahbar-Pagard and her daughter Claudia Halil Rahbar-Pagard, Bulgarian nationals who were born in 1961 and 1979 respectively, lived in Plovdiv (Bulgaria) at the material time. Violeta Simeonova Rahbar-Pagard died in 2002.

In 1990 Violeta Simeonova Rahbar-Pagard caused a road accident in which two teenage girls died and four others were seriously injured. She was prosecuted for manslaughter.

Violeta Rahbar-Pagard alleged that her detention had been in breach of Article 5 (right to liberty and security) and Article 6 § 2 (presumption of innocence). Her daughter complains under Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property) about delays in the execution of a judgment in which her mother was awarded compensation for the excessive length of the criminal proceedings.

Gavrielidou and Others v. Cyprus (no. 73802/01)
The applicants, all Cypriot nationals, are Macedonia Gavrielidou, Nicos Kannavas, Maria Kannava and George Kannavas and Andreas Kannavas, who died in 1995. Proceedings were brought against them in relation to contracts for the sale of flats that had been built on their land.

The applicants complain about the length of the proceedings, relying on Articles 6 (right to a fair hearing within a reasonable time) and 13 (right to an effective remedy). Certain applicants also rely on Article 1 of Protocol No. 1 (protection of property).

Malisiewicz- Gąsior v. Poland (no. 43797/98)
The applicant, Izabela Malisiewicz- Gąsior, is a Polish national who was born in 1950 and lives in Łódź (Poland). She was an independent candidate in the 1993 parliamentary elections.

She complains about her conviction for defamation following the publication of two articles in a weekly newspaper accusing a well-known politician of abuse of power. She relies on Article 10 (freedom of expression).

Stankiewicz v. Poland (no. 46917/99)
The applicants, Janusz and Krystyna Stankiewicz, are Polish nationals who were born in 1948 and live in Rabka (Poland).

The applicants complain about a decision refusing to reimburse their costs in respect of a civil claim that the public prosecutor unsuccessfully lodged against them. They rely on Article 6 § 1 (right to a fair hearing within a reasonable time) and Article 1 of Protocol No. 1 (protection of property).

Repetitive cases

Mazzei v. Italy (no. 69502/01)
The applicants, Bianca Lucia Mazzei and Francesco Edmondo Mazzei, are Italian nationals who were born in 1966 and 1963 respectively and live in Campagnano di Roma (Italy).

They complain of their prolonged inability to recover possession of their flat, owing to the lack of police assistance, and of the length of the eviction proceedings. They rely on Article 6 § 1 (right to a fair hearing within a reasonable time) and Article 1 of Protocol No. 1 (protection of property).

Chernitsyn v. Russia (no. 5964/02)
The applicant, Ivan Petrovich Chernitsyn, is a Russian national who was born in 1931 and lives in Krasnodar (Russia).

In 1993 the applicant sued his former employer for unpaid compensation for a work-related injury.

He complains under Article 6 § 1 (right to a fair hearing) that the judgment given in his favour was subsequently quashed by way of supervisory review.

Length-of-proceedings cases

The applicants in the following cases all complain about the length of the proceedings to which they were a party and the lack of an effective domestic remedy in respect of the excessive length of those proceedings. They rely on Article 6 § 1 (right to a fair hearing within a reasonable length of time) and Article 13 (right to an effective remedy).

Chatzibyrros and Others v. Greece (no. 20898/03)

Bastič v. Slovenia (no. 75809/01)
Belošević v. Slovenia (no. 7877/02)
Bizjak Jagodič v. Slovenia (no. 42274/02)
Cekuta v. Slovenia (no. 77796/01)
Deželak v. Slovenia (no. 1438/02)
Divkovič v. Slovenia (no. 38523/02)
Drozg v. Slovenia (no. 5162/02)
Ferlič v. Slovenia (no. 77818/01)
Gaber v. Slovenia (no. 5059/02)
Gradič v. Slovenia (no. 9277/02)
Huseinović v. Slovenia (no. 75817/01)
Ibrahimi v. Slovenia (no. 75790/01)
Jenko v. Slovenia (no. 4267/02)
Jurkošek v. Slovenia (no. 7883/02)
Klaneček v. Slovenia (no. 75798/01)
Kotnik v. Slovenia (no. 19894/02)
Krznar v. Slovenia (no. 75787/01)
Kukovič v. Slovenia (no. 20300/02)
Lesjak v. Slovenia (no. 33553/02)
Mrkonjič v. Slovenia (no. 17360/02)
Pažon v. Slovenia (no. 17337/02)
Prekoršek v. Slovenia (no. 75784/01)
Ramšak v. Slovenia (no. 16263/02)
Repas v. Slovenia (no. 10288/02)
Žlender v. Slovenia (no. 16281/02)

***

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The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments.