003-7544184-10362496
WyrokETPCz2023-01-18
Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 007 (2023) 18.01.2023
Forthcoming judgments and decisions
The European Court of Human Rights will be notifying in writing eight judgments on Tuesday 24 January 2023 and seven judgments and / or decisions on Thursday 26 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)
Tuesday 24 January 2023
Kutayev v. Russia (application no. 17912/15)
The applicant, Ruslan Kutayev, is a Russian national who was born in 1957 and lives in Chechnya. He is a politician and human rights activist.
The case concerns his complaints about his arrest, ill-treatment and conviction for a drug-related offence after refusing a summons to attend a meeting with the Chechen President Ramzan Kadyrov about a conference to commemorate the 70th anniversary of the deportation of the Chechen population.
Relying on Article 3 (prohibition of inhuman or degrading treatment or torture/investigation) and Article 5 � 1 (right to liberty and security) of the European Convention on Human Rights, he alleges in particular that he was taken to an undisclosed location where he was beaten and subjected to electric shocks by Chechen law-enforcement officers and that the investigation into his allegations was inadequate. Also relying on Article 6 (right to a fair trial) of the European Convention, he complains that his conviction for possessing heroin was unfair as it had been based on a confession obtained under duress. Lastly, he maintains that the real reason for his arrest and prosecution was for organising the conference on a date other than the official Day of Remembrance and Sorrow of the Chechen people, in breach of Article 18 (limitation on use of restrictions on rights) of the Convention in conjunction with Article 5.
Svetova and Others v. Russia (no. 54714/17)
The applicants are a family of journalists: Zoya Svetova, born in 1959, who is also a human rights defender; her husband, Viktor Dzyadko, born in 1955 and died in 2020, who was an artist and Soviet dissident; and their sons, Filipp Dzyadko, born in 1982, Timofey Dzyadko, born in 1985, and Tikhon Dzyadko, born in 1987, who all work in the media. They are or were Russian nationals and live or lived in Moscow.
The case concerns a police search of their flat in 2017 and seizure of electronic devices as well as other personal belongings in the context of a criminal investigation into the financial dealings of well-known businessman Mikhail Khodorkovskiy and his associates. Relying on Article 8 (right to respect for home) and Article 13 (right to an effective remedy) of the Convention, the applicants complain about the search and indiscriminate seizure of their personal belongings, without their being able to obtain a judicial review as they had no procedural status in the criminal proceedings. Relying on Article 10 (freedom of expression), Ms Svetova also alleges that the downloading of information from her computer during the search interfered with her right to protect her journalistic sources.
Thursday 26 January 2023
B.Y. v. Greece (no. 60990/14)
The applicant, B.Y., is a Turkish national who was born in 1987. He states that he was compelled to leave T�rkiye, fearing persecution for political reasons. On an unspecified date, the applicant reportedly entered Greece. In April 2013 the Greek police apparently received via Interpol a Red Notice arrest warrant issued by the Turkish authorities, according to which the applicant was a member of a left-wing terrorist organisation and was wanted for crimes carrying a maximum sentence of 22 years and six months' imprisonment.
The case concerns the applicant's alleged removal from Greece to T�rkiye in May 2013. He complains that this took the form of a forced disappearance and that, on his arrival in T�rkiye, he was detained by the Turkish authorities. He also alleges that he was subjected to ill-treatment by the Greek authorities.
The Government state that the applicant was never registered with the Aliens Directorate and did not lodge an asylum application in Greece. According to the applicant, he tried repeatedly to submit an asylum application in Greece but was prevented from doing so by shortcomings in the procedure at the relevant time.
Relying on Article 3 (prohibition of inhuman or degrading treatment) of the Convention, the applicant complains of treatment contrary to that provision and of his surrender to the Turkish authorities. He also complains that the investigation into those events was ineffective. Under the same Article, he alleges that he was unable to lodge an application for international protection owing to shortcomings in the asylum procedure.
Relying on Article 5 (right to liberty and security), the applicant complains that he was deprived of his liberty and detained in the absence of any legal framework.
Valverde Digon v. Spain (no. 22386/19)
The applicant, Sofia Valverde Digon, is a Spanish national who was born in 1978 and lives in Valdepe�as (Spain).
Ms Valverde Digon's partner died in July 2014 three days after their civil partnership had been registered. The requirement to register civil partnerships at least two years prior to the death of one of the partners in order to be eligible for a survivor's pension had entered into force only three months prior to her partner's death. The case concerns the refusal by the National Institute of Social Security to grant her a survivor's pension. The courts in her case stated that a partnership had to be registered two years prior to the death of the deceased partner.
Relying on Article 14 (prohibition of discrimination) read in conjunction with Article 1 of Protocol No. 1 (protection of property), Ms Valverde Digon complains of the authorities' refusal to grant her a survivor's pension.
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 24 January 2023
Name Stepanyan v. Armenia
Main application number 12105/13
Name Voskanyan v. Armenia Jevtic v. Austria Nikolov v. Austria Abuladze v. Estonia S.C. Ecorec S.A. and Dombrovschi v. Romania
Thursday 26 January 2023
Name Hoxha v. Albania Podolinski and Kaer v. Estonia Costanzo v. Germany Cuneanu v. Romania ulu v. Romania
Main application number 623/13 54664/16 48105/16 12928/20 31237/14
Main application number 34926/18 45087/19 5444/20 43896/13 39685/16
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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.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło