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WyrokETPCz2024-01-24
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy odmowa ujawnienia tożsamości biologicznej matki, która skorzystała z prawa do zachowania anonimowości, narusza prawo skarżącej do poszanowania życia prywatnego i rodzinnego (art. 8 Konwencji) poprzez uniemożliwienie dostępu do informacji o jej pochodzeniu?Stan faktyczny
Skarżąca, Annick Cherrier, obywatelka Francji, urodzona w 1952 r., została adoptowana kilka miesięcy po urodzeniu. O fakcie adopcji dowiedziała się dopiero po śmierci swojej drugiej adoptowanej matki w 2008 r. Krajowa Rada ds. Dostępu do Informacji o Pochodzeniu Osobowym (CNAOP) odmówiła ujawnienia tożsamości jej biologicznej matki, ponieważ ta, zgodnie z art. L. 147-6 francuskiego Kodeksu Akcji Społecznych i Rodzinnych, wyraziła życzenie zachowania swojej tożsamości w tajemnicy.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 015 (2024) 24.01.2024
Forthcoming judgments and decisions
The European Court of Human Rights will be notifying in writing five judgments on Tuesday 30 January 2024 and 17 judgments and / or decisions on Thursday 1st February 2024.
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 30 January 2024
Cherrier v. France (application no. 18843/20) The applicant, Annick Cherrier, is a French national who was born in 1952 and lives in Noum�a (New Caledonia, France). She was adopted in 1952, a few months after her birth, and only learned of this fact upon the death of her second adoptive parent in 2008. The case concerns the refusal by the National Council for Access to Information about Personal Origins (Conseil national pour l'acc�s aux origines personnelles � "the CNAOP") to disclose to the applicant the identity of her biological mother who, as she was entitled to do under Article L. 147-6 of the Social Action and Families Code, had stated that she wished to keep her identity secret. Relying on Article 8 (right to respect for private and family life) of the European Convention on Human Rights, the applicant complains that the CNAOP refused to disclose her biological mother's identity, submitting that it thereby infringed her right of access to information about her origins.
Bernotas v. Lithuania (no. 59065/21) The applicant, Jurgis Bernotas, is a Lithuanian national who was born in 1957 and lives in Klaipda (Lithuania). In January 2010 the applicant accidentally shot someone while cleaning his rifle after a hunt, causing him serious injuries. He was convicted in criminal proceedings and paid compensation to the victim. The case concerns the applicant's complaint that since 2011 the courts have regularly granted claims against him brought by the social-security authorities to reimburse the pension paid to the victim for lost earnings. Relying on Article 1 of Protocol No. 1 (protection of property) to the European Convention, the applicant complains that the obligation on him to reimburse the pension paid to the victim was unjust and disproportionate.
Akhmednabiyev and Kamalov v. Russia (no. 34358/16 and 58535/16) The case concerns the murders of two journalists, Akhmednabi Akhmednabiyev and Khadzhimurad Kamalov, in Dagestan. They are, respectively, the father and nephew of the applicants in the case, Mutaelum Akhmednabiyevich Akhmednabiyev and Ali Akhmedovich Kamalov who are Russian nationals. Mr Akhmednabiyev was shot dead in his car on 9 July 2013 in the village of Semeder. Mr Kamalov was shot dead on 15 December 2011 in Makhachkala near the entrance of the building in which he worked. Both men had been the target of death threats in leaflets distributed in 2009 in Makhachkala. Mr Akhmednabiyev had previously survived a similar attempt on his life.
The investigation into Mr Akhmednabiyev's assassination, which has been suspended and resumed five times, is according to most recent information still ongoing, while four men were eventually convicted in July 2022 for commissioning and carrying out the murder of Mr Kamalov. Relying on Article 2 (right to life) of the Convention, the applicants complain that the authorities failed to protect their relatives' lives and that the investigations into the circumstances of their deaths were ineffective.
Thursday 1st February 2024
Sardar Babayev v. Azerbaijan (no. 34015/17) The applicant, Sardar Akif oglu Babayev, is an Azerbaijani national who was born in 1974 and lived in Masalli (Azerbaijan) at the time of the events in question. The case concerns the pre-trial detention and subsequent criminal conviction of Mr Babayev, a clergyman who obtained his religious education in Iran, for preaching and conducting Friday prayers in the Masalli Juma mosque. Pursuant to Article 168-1 of the Criminal Code the conducting of Islamic religious ceremonies by citizens of the Republic of Azerbaijan who had obtained their religious education abroad was criminalised. He received a three-year prison sentence. He relies on Articles 3 (prohibition of inhuman and degrading treatment), 5 �� 3 and 4 (right to liberty and security), 6 � 2 (presumption of innocence), 9 (freedom of thought, conscience and religion), 10 (freedom of expression), 11 (freedom of assembly and association), and 14 (prohibition of discrimination).
Ramadan v. France (no. 23443/23) The applicant, Tariq Ramadan, is a Swiss national. The case concerns the applicant's conviction under the Freedom of the Press Act of 29 July 1881 for having disseminated information on the identity of the presumed victim of a rape with which he has been charged. Relying on Article 10 (freedom of expression), he complains of that conviction.
Ugulava v. Georgia (no. 2) (no. 22431/20) The applicant, Giorgi Ugulava, is a Georgian national who was born in 1975. The case concerns criminal proceedings brought against the applicant, formerly the Mayor of Tbilisi, and one of the leaders of the United National Movement, a former governing political party. Among five sets of proceedings brought against him, one was for aggravated embezzlement, the formal charges being brought against him in 2013. He was ultimately convicted of those charges in 2020 and sentenced to nine years' imprisonment, although this sentence was reduced to just over three years under an amnesty and given time already spent in detention. Relying on Article 6 � 1 (right to a fair trial), the applicant alleges that the Criminal Chamber of the Supreme Court, which ultimately decided on his case, was not an "independent and impartial tribunal established by law" given that one of the judges was a former Prosecutor General of Georgia who had been appointed to the Supreme Court in violation of a statutory eligibility criterion. Moreover, he alleges that the same judge undermined, on account of his previous senior role in the prosecutor's office, the impartiality of the Supreme Court.
Pintus v. Italy (no. 35943/18) The applicant, Alessio Pintus, is an Italian national who was born in 1978 and lives in Rome.
The case concerns the fact that the applicant was kept for some eight months under the ordinary prison regime, despite the state of his mental health.
Relying on Article 2 (right to life), the applicant complains that by keeping him in ordinary detention, despite the incompatibility of such detention with his mental-health condition, the prison authorities had put him at real and immediate risk of suicide. Relying on Article 3 (prohibition of inhuman or degrading treatment), he submits that by being held in ordinary detention, against the advice of medical specialists, he was prevented from receiving suitable therapeutic treatment for his mental health, which allegedly deteriorated as a result.
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 30 January 2024
Name Kokalari v. Albania Vjola SH.P.K. and DE SH.P.K. v. Albania
Main application number 22493/12 18076/12
Thursday 1st February 2024
Name
Cs�ffai v. Hungary Bianchi and Gherpelli v. Italy Cooperativa Latteria Vipiteno S.A. and Others v. Italy Salento Energy S.r.l. and Nuovo Sole S.r.l. v. Italy Butyanov and Others v. Russia Dzundza and Others v. Russia Mikhaylov and Others v. Russia Pantenkov and Others v. Russia Petrova and Others v. Russia Smolin and Others v. Russia Ustinov and Others v. Russia Aktay v. T�rkiye Atasagun v. T�rkiye
Main application number
77048/17 42838/16 19158/19 20445/15 36904/19 26285/19 27315/19 884/22 55480/21 26474/11 51373/21 56064/16 24621/21
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło