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WyrokETPCz2023-01-05
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy odmowa zwrotu dzieci skarżącym i ich umieszczenie w rodzinach zastępczych, które nie odzwierciedlały ich pochodzenia religijnego lub etnicznego, naruszyły prawo do poszanowania życia prywatnego i rodzinnego (art. 8) oraz wolność myśli, sumienia i religii (art. 9) Konwencji?Stan faktyczny
Skarżący, Selma i Mürsel Kilic, obywatele tureccy urodzeni odpowiednio w 1975 i 1974 roku, mieszkający w Wiedniu, zostali pozbawieni opieki nad swoimi dziećmi z powodu zarzutów zaniedbania. Dzieci zostały umieszczone w rodzinach zastępczych. Sądy krajowe orzekły, że powrót dzieci do rodziców naraziłby je na niebezpieczeństwo.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 002 (2023) 05.01.2023
Forthcoming judgments and decisions
The European Court of Human Rights will be notifying in writing 11 judgments on Tuesday 10 January 2023 and 123 judgments and / or decisions on Thursday 12 January 2023.
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 12 January 2023
Kilic v. Austria (application no. 27700/15)
The applicants, Selma Kilic and M�rsel Kilic, are Turkish nationals who were born in 1975 and 1974 respectively and live in Vienna.
The case concerns the placement of the applicants' children with foster families following their removal from the applicants' care due to allegations of neglect. The domestic courts ruled, ultimately, that returning the children to their parents would put them in danger.
Relying on Article 8 (right to respect for private and family life) and Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights, the applicants complain of the refusal to return their children to their care and that the children's placement in foster families did not reflect their religious or ethnic background.
Pa�zek v. the Czech Republic (no. 76286/14)
The applicant, Josef Pa�zek, is a Czech national who was born in 1975 and lives in Olesnice (Czech Republic).
The case concerns the increase of Mr Pa�zek's rent on his flat following its sale. He had been living there since 1999 under a rent-control scheme. It also concerns the court proceedings that followed.
Relying on Article 1 of Protocol No. 1 (protection of property) to the European Convention and Article 6 � 1 (right to a fair trial) of the Convention, Mr Pa�zek complains, in particular, of the court decisions that led to his rent being increased retroactively, and that the courts did not respond to his arguments concerning the case-law of the Supreme Court in similar cases.
Potoczk� and Adamco v. Slovakia (no. 7286/16)
The applicants, Anita Potoczk� and Branislav Adamco, are a couple. They are both Slovak nationals and were born in 1980 and 1978, respectively. Ms Potoczk� lives in Vek� Kapusany, while Mr Adamco is detained in Leopoldov (Slovakia).
The case concerns telephone tapping in 2004 in the context of criminal proceedings for extortion against Mr Adamco. The tapped mobile phone belonged to Ms Potoczk�, but was � according to the authorities � being used by Mr Adamco.
Relying in particular on Articles 8 (right to respect for private life) and 13 (right to an effective remedy) of the Convention, the applicants complain that the court warrant authorising the tapping did not give any reasons; nor did it identify the issuing judge or monitor whether there were continued grounds for the tapping. They also allege under Article 6 (right to a fair trial) that the dismissal of their constitutional complaint was unfair as it had been based on the police's observations without giving them the opportunity to comment.
C�mert and Others v. T�rkiye (no. 17231/17)
The applicants are six Turkish nationals who were born between 1951 and 1985. They live in Hatay, T�rkiye.
The case concerns the death of a relative of the applicants, Abdullah C�mert, from a head wound caused by a tear-gas grenade fired by a member of the security forces during a demonstration held in Hatay in June 2013 to protest against the demolition of Gezi Park, one of central Istanbul's few green spaces.
Relying on Article 2 (right to life) of the Convention, the applicants complain of the death of their relative. Relying on Articles 6 (right to a fair hearing) and 13 (right to an effective remedy), they argue that the persons actually responsible for his death have not been held liable.
Ovcharenko and Kolos v. Ukraine (nos. 27276/15 and 33692/15)
The applicants, Vyacheslav Ovcharenko and Mykhaylo Kolos, are two Ukrainian nationals who were born in 1957 and 1953 respectively.
In 2006 they were appointed as judges of the Constitutional Court of Ukraine. The case concerns their dismissal as judges from that Court for their participation in a judgment, which the authorities interpreted as an unlawful act restoring a previous version of the Constitution which had led to the usurpation of power by the then President of Ukraine.
Relying on Articles 6 (right to a fair hearing), 8 (right to respect for private and family life), and 18 (limitation on use of restrictions on rights) of the Convention, they complain that their dismissal was unjustified and allege that there was an ulterior motive behind it.
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.
Tuesday 10 January 2023
Name �aliskan v. the Netherlands Safssafi v. the Netherlands Ekayev v. Russia Gasanova and Others v. Russia Isakov v. Russia Ivanov v. Russia Kuzmin v. Russia Novaya Gazeta and Others v. Russia Novaya Gazeta and Others v. Russia Privezentsev v. Russia Shenderovich v. Russia
Main application number 34507/16 61125/19 29396/15 45900/19 21226/14 72144/14 33513/13 35023/13 83662/17 29131/14 77086/14
Thursday 12 January 2023
Name Menendez Escandon v. Andorra
Main application number 35335/20
Name
Main application number
Harutyunyan v. Armenia
42793/15
Khandoyan v. Armenia
30332/17
Election Monitoring and Democracy Education Centre and Others 70981/11
v. Azerbaijan
Miriyev and Others v. Azerbaijan
15895/20
Samadov v. Azerbaijan
16099/18
Yusifli and Others v. Azerbaijan
21274/08
Tarfoune v. Belgium
6894/19
Kahrimanovi and Hadzihaski v. Bosnia and Herzegovina
15767/22
Kaliman v. Bosnia and Herzegovina
27442/22
MEFA-OIL DOO v. Bosnia and Herzegovina
19182/22
Eftimov v. Bulgaria
70356/17
Nikolaev and Others v. Bulgaria
48806/11
L�z�k v. the Czech Republic
43676/15
Barsegian v. the Czech Republic
6261/16
Nuota v. the Czech Republic
40764/14
Sch�fer and Todorovic v. the Czech Republic
43861/13
Kuklase v. Estonia
18421/20
de Lesquen Du Plessis Casso v. France
34383/20
de Lesquen Du Plessis Casso v. France
34385/20
Tavadze v. Georgia
49947/21
A.L. and M.L. v. Greece
42573/20
K.D. and R.D. v. Greece
45307/20
N.A. v. Greece
31830/21
Alanyai v. Hungary
15075/22
Balog and Others v. Hungary
54563/21
Coman and Others v. Hungary
49006/18
Csur�r and Others v. Hungary
22486/22
Gyalog and Others v. Hungary
7674/22
J�ger v. Hungary
28420/20
Klement v. Hungary
6047/22
Lol� and Others v. Hungary
5529/22
Annunziata and Others v. Italy
19989/19
Bertagna v. Italy
20308/03
Bertolotti v. Italy
4592/03
Carbonai v. Italy
9825/21
De Marco v. Italy
1751/20
Del Balzo di Presenzano and Others v. Italy
3405/05
Giuliano v. Italy
33384/22
Montalto and Others v. Italy
37301/17
Samperi and Chiapusio v. Italy
53419/19
Societ� Agricola Imm.re Ponte Di Nona v. Italy
49236/06
Simanskis v. Lithuania
1911/21
Bel�i v. the Republic of Moldova
29559/16
Name Kandi v. Montenegro Antovski and Others v. North Macedonia Bacza and Others v. Poland Dbrowski and Others v. Poland K.G. v. Poland Kubicki and Others v. Poland M.H. v. Poland Opalski and Others v. Poland Romanowski v. Poland Jardim Gon�alves v. Portugal Bejinariu and Others v. Romania Brutaru and Others v. Romania Cirimpei and Others v. Romania Costea and Others v. Romania Despu and Others v. Romania Dragot and Others v. Romania Dumitru and Others v. Romania Geant and Others v. Romania Gheorghe and Others v. Romania Grancea and Neamu v. Romania Gruescu and Others v. Romania Habor and Others v. Romania Hojda and Others v. Romania Mercea v. Romania Mihai and Others v. Romania Mihalache and Others v. Romania Mocanu and Others v. Romania (Revision chiopu) Musta v. Romania Ni and Others v. Romania Plecan and Others v. Romania Rdoi and Others v. Romania Sabou v. Romania Secrier and Others v. Romania Simion v. Romania Soneriu v. Romania Spaggiari and Pirici v. Romania Stroe and Others v. Romania Troac and Others v. Romania Vldu and Others v. Romania Zavera v. Romania Boyko and Kuklyak v. Russia Gabilov v. Russia Karnaukhov v. Russia
Main application number 8296/18 68160/17 18470/20 2811/20 6513/21 29544/19 80683/17 54391/19 55297/16 5966/17 1190/18 1195/18 44218/16 43417/16 42728/16 6057/16 44530/16 39920/16 9464/16 17364/16 35141/16 45093/16 35307/15 22085/17 34535/16 63417/16 18213/16 65529/16 27285/16 42761/16 31590/15 70042/16 63624/16 41818/16 25995/16 33534/15 39978/16 38903/16 45381/15 22702/17 28852/20 51639/20 45538/14
Name Kryuchkov and Others v. Russia Kuznetsov and Others v. Russia Lakhatkin and Others v. Russia Nikitin and Others v. Russia Perekrestov and Others v. Russia Satyr and Others v. Russia Semenov and Others v. Russia Sergeyeva and Others v. Russia Smirnov and Others v. Russia Vorobyeva v. Russia Vozhdayev and Others v. Russia Vyatchin and Others v. Russia Yakovlev and Others v. Russia Yandiyev v. Russia Yegorov v. Russia Arsi v. Serbia Coloveji and Others v. Serbia orevi and Others v. Serbia Jeremi and Aksenti v. Serbia Jovanovi and Others v. Serbia Vukovi v. Serbia Zemljoradnicka Zadruga Paor v. Serbia Zivkovi v. Serbia Mian v. Slovakia Pcolinsk� v. Slovakia Taljat v. Slovenia A.A. v. T�rkiye Arslan v. T�rkiye Kuznetsov and Others v. Ukraine Mukovoz v. Ukraine Romanova v. Ukraine
Main application number 65075/19 13747/19 56926/18 74076/16 36198/16 70387/16 74086/16 48656/18 58303/09 10903/16 28840/12 7177/16 46371/19 22455/18 24211/19 36149/20 18708/22 21839/22 45117/21 30692/21 31842/21 13246/22 32845/19 50527/21 45645/21 16750/22 35986/19 79650/16 9988/16 17414/11 63961/13
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło