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WyrokETPCz2012-05-14

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Stan faktyczny
Skarżący w poszczególnych sprawach podnoszą zarzuty dotyczące przewlekłości postępowań sądowych (karnych i niekarnych), nadmiernej długości aresztu tymczasowego, braku skutecznych środków odwoławczych, niewystarczającego dochodzenia w sprawie śmierci, a także naruszeń prawa własności. Sprawy te dotyczą obywateli Portugalii, Serbii, Turcji i Włoch, którzy doświadczyli różnych zdarzeń na poziomie krajowym, prowadzących do ich skarg do ETPCz.

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 207 (2012) 14.05.2012 Forthcoming judgments The European Court of Human Rights will be notifying in writing 10 judgments on Tuesday 22 May 2012. Press releases and texts of the judgments will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int) Tuesday 22 May 2012 Santos Nunes v. Portugal (no. 61173/08) The applicant, Mr Baltasar Santos Nunes, is a Portuguese national who was born in 1979 and lives in Sert� (Portugal). He had a casual relationship with a Brazilian national, who subsequently had a child. He claims that he was not informed that his partner was pregnant until shortly before the birth. The child was registered as having an unknown father. The Attorney-General's Department instituted paternity proceedings. Following genetic tests, Mr Santos Nunes acknowledged paternity of the child. He then applied to the Attorney-General's Department to be granted parental responsibility. He alleges that the Portuguese authorities' inaction and lack of diligence, together with the excessive length of the proceedings for the enforcement of the decision awarding him custody of the child, infringed Article 6 � 1 (right to a fair hearing within a reasonable time) and Article 8 (right to respect for private and family life) of the Convention. Mladenovic v. Serbia (no. 1099/08) The applicant, Milijana Mladenovi, is a Serbian national who was born in 1948 and lives in Belgrade. Relying on Article 2 (right to life), she complains about the Serbian authorities' failure to effectively investigate the death of her son who was shot by an off-duty police officer in July 1991 during a fight between two groups of young people. Relying also on Article 6 � 1 (right to a fair trial), she alleges that the criminal proceedings against that police officer were excessively long. Hasdemir v. Turkey (no. 44027/09) The applicant, Mehmet Hasdemir, is a Turkish national who was born in 1961 and is currently detained in zmit F type prison (Turkey). Arrested in May 2000 on suspicion of a number of offences committed as a member of a criminal organisation, Mr Hasdemir was detained pending trial. His detention pending trial was repeatedly prolonged and he was ultimately convicted in December 2011 and sentenced to life imprisonment. Relying on Article 5 �� 3 and 5 (right to liberty and security) and Article 6 � 1 (right to a fair trial), Mr Hasdemir complains about the excessive length of both his detention awaiting trial and the criminal proceedings against him. Hatice Duman v. Turkey (no. 43918/08) The applicant, Hatice Duman, is a Turkish national who was born in 1974 and is currently serving a prison sentence in Gebze Prison (Turkey). She was arrested in April 2003 on suspicion of membership of an illegal organisation, the Marxist-Leninist Communist party. Her detention awaiting trial was repeatedly prolonged until her conviction in May 2011 for attempting to undermine the constitutional order and sentencing to life imprisonment. Relying on Article 5 � 3 (right to liberty and security) and Article 5 � 4 (right to have lawfulness of detention decided speedily by a court), Ms Duman complains about the excessive length of her detention awaiting trial and about there not being an effective remedy available to her with which to challenge that. Repetitive cases The following cases raise issues which have already been submitted to the Court. Borghesi v. Italy (no. 60890/00) The applicant, Ms M. Borghesi, is an Italian national who alleges that she was dispossessed of approximately 14,297 square metres of building land in Turi (Bari) in a manner incompatible with Article 1 of Protocol No. 1. Colares Pereira Fernandes Soares v. Portugal (no. 43359/07) The applicant, Mr Jos� Ant�nio Colares Pereira Fernandes Soares, is a Portuguese national who alleges that the assessment and delayed payment of compensation for the expropriation of plots of land belonging to him infringed his right to the peaceful enjoyment of his possessions. Fikri Yakar v. Turkey (no. 23639/10) The applicant, Mr Fikri Yakar, is a Turkish national who was born in 1992 and lives in Diyarbakir. On 25 October 2009, Molotov cocktails were thrown at a shop and a post office. The applicant was arrested on suspicion of having acted on behalf of an illegal armed organisation, the PKK (Workers' Party of Kurdistan), and was arrested and taken into police custody. Mr Yakar complains in particular about the length of time he spent in police custody and pre-trial detention, and the lack of a remedy by which he could have challenged his pre-trial detention. Turgut �zkan v. Turkey (no. 23601/10) The applicant, Mr Turgut �zkan, is a Turkish national who was born in 1993 and lives in irnak. He was arrested at the age of 16 on suspicion of computer hacking on behalf of an illegal armed organisation, the PKK (Workers' Party of Kurdistan). He complains in particular about the length of his pre-trial detention and the lack of a remedy by which he could have challenged his detention, and argues that the conditions in which he was detained were incompatible with his state of health. Length-of-proceedings cases In the following cases, the applicants complain in particular about the excessive length of (non-criminal) proceedings. Maio v. Italy (no. 684/03) Ferreira Da Silva e Brito and Others v. Portugal (no. 46273/09) This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court's press releases, please subscribe to the Court's RSS feeds. Press contacts [email protected] | tel: +33 3 90 21 42 08 Tracey Turner-Tretz (tel: + 33 3 88 41 35 30) Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70) C�line Menu-Lange (tel: + 33 3 90 21 58 77) Nina Salomon (tel: + 33 3 90 21 49 79) Denis Lambert (tel: + 33 3 90 21 41 09) 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. 3

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 16.07.2026. · Źródło