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WyrokETPCz2022-10-26

Analiza orzeczenia

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

Zagadnienie prawne
Czy rola dyrektora generalnego administracji w postępowaniu dyscyplinarnym przeciwko skarżącemu, byłemu ambasadorowi, naruszyła wymóg bezstronności z art. 6 Konwencji?
Stan faktyczny
Skarżący, Paul Dahan, obywatel francuski urodzony w 1949 r., był ambasadorem. Został objęty postępowaniem dyscyplinarnym, które w 2011 r. zakończyło się nałożeniem kary przymusowego przejścia na emeryturę przez Prezydenta Republiki. Sprawa dotyczy również zakresu kontroli sądowej tej decyzji przez Conseil d'État.

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 331 (2022) 26.10.2022 Forthcoming judgments and decisions The European Court of Human Rights will be notifying in writing seven judgments and / or decisions on Thursday 3 November 2022. Press releases and texts of the judgments and decisions will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int) Thursday 3 November 2022 Dahan v. France (application no. 32314/14) The applicant, Paul Dahan, is a French national who was born in 1949 and lives in Paris. The case concerns a set of disciplinary proceedings brought against Mr Dahan, who was an ambassador at the time, culminating in 2011 in a penalty of compulsory retirement imposed by the President of the Republic, and also the extent of the judicial review of that decision by the Conseil d'�tat. Relying on Article 6 (right to a fair hearing) of the European Convention on Human Rights, Mr Dahan alleges that the role played by the director-general of administration of the Ministry of Foreign Affairs in the disciplinary proceedings leading to imposition of the penalty breached the impartiality requirement. Loste v. France (no. 59227/12) The applicant, France Loste, is a French national who was born in 1971. In 1976, aged five, she was placed by a juvenile judge in the care of the child welfare service (ASE). Between 1976 and 1991 she was placed with a foster family (Ms Y.B., a nursery school assistant, and her husband M.B.). In this case the applicant complains that she was the victim of sexual abuse in the foster family and that she was not protected by the ASE. She also complains that the authorities did not take the necessary steps to ensure that her foster family (who are Jehovah's Witnesses) observed the religious neutrality clause in which they undertook to respect the child's religious views and those of her birth family (who are Muslims). Relying on Articles 6 (right to a fair hearing) and 13 (right to an effective remedy) of the European Convention, the applicant alleges that she did not have an effective remedy by which to obtain a determination of the ASE's responsibility, on account of the unduly restrictive or even erroneous application by the administrative courts of the statutes of limitation. Under Article 3 (prohibition of inhuman or degrading treatment) of the Convention, she contends that the ASE did not protect her against the sexual abuse to which she was subjected in her foster family. Relying on Article 9 (freedom of thought, conscience and religion), she complains that the authorities did not take the necessary steps to ensure observance by her foster family of the religious neutrality clause. Mamaladze v. Georgia (no. 9487/19) The applicant, Giorgi Mamaladze, is a Georgian national who was born in 1984 and lives in Tbilisi (Georgia). At the relevant time he was an archpriest and the director of a medical clinic under the authority of the Georgian Orthodox Church. The case concerns the proceedings against Mr Mamaladze for plotting to kill the personal secretary of the Georgian Orthodox Church's Patriarch in 2017 while in Berlin. She was part of a delegation accompanying the Patriarch to that city for medical treatment. Mr Mamaladze was ultimately found guilty of "preparation of murder". Relying on Article 6 � 1 (right to a fair trial) and � 2 (presumption of innocence), Mr Mamaladze complains that his trial was unfair as regards the key evidence � cyanide found in his suitcase checked into a Berlin flight � used against him, that the decision to deny the public access to his trial was not necessary and that public officials' statements, a non-disclosure obligation and dissemination of case-file material all contributed to his being portrayed as guilty. The Court will give its rulings in writing on the following cases, some of which concern issues which have already been submitted to the Court, including excessive length of proceedings. These rulings can be consulted from the day of their delivery on the Court's online database HUDOC. They will not appear in the press release issued on that day. Thursday 3 November 2022 Name Buckov� v. the Czech Republic Konop�k and Hurd�lek v. the Czech Republic M.M. and Z.M. v. Ukraine Tsmokalov v. Ukraine Main application number 61953/16 22419/18 4669/20 15524/13 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 here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHR_CEDH. Press contacts [email protected] | tel.: +33 3 90 21 42 08 We would encourage journalists to send their enquiries via email. Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30) Denis Lambert (tel.: + 33 3 90 21 41 09) Inci Ertekin (tel.: + 33 3 90 21 55 30) Neil Connolly (tel.: + 33 3 90 21 48 05) Jane Swift (tel.: + 33 3 88 41 29 04) 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. 2

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 19.07.2026. · Źródło