Prosecution and Conviction for Burning a Photograph

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Prosecution and Conviction for Burning a Photograph

At a public demonstration held during the King’s official visit to Girona in September 2007, Enric Stern Taulats and Jaume Roura Capellera set fire to a photograph of the royal couple. They were prosecuted and convicted for insulting the Crown. Both were initially sentenced to 15 months’ imprisonoment, though this was later made conditional on the payment of a fine. The European Court of Human Rights ruled the convictions disproportionate. The Spanish authorities have yet to take action in relation to the free speech issue involved.

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Unlawful demolition of property in violation of court rulings

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Unlawful demolition of property in violation of court rulings

A group of owners of seaside apartments and shops had their property seized by the authorities in 2013. Despite a court order against the seizure, the whole building was then demolished and the owners were refused compensation. Despite a favourable judgment from the European Court of Human Rights, the compensation has not been paid and the authorities have not presented adequate information detailing how similar situations can be avoided in future.

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Persecution of Russian opposition member Aleksey Navalny

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Persecution of Russian opposition member Aleksey Navalny

In one of many judgments concerning Mr Navalny, the European Court of Human Rights held that between 2012 and 2014 the Russian authorities had detained Mr Navalny following public gatherings.  The arrests had been politically motivated, whilst the detentions had been unlawful, arbitrary, and unjustified by any meaningful reason. They had also violated the right to free assembly, which was not properly protected under Russian law. The Russian authorities are yet to produce documentation to show how they intend to remedy these issues.

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Crackdowns on opposition protests in Armenia

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Crackdowns on opposition protests in Armenia

After the 2008 presidential election, rallies began in Yerevan’s Freedom Square to protest against alleged irregularities in the vote. The police intervened and broke up the protest in the middle of the night. The authorities subjected participants in the protest to a series of human rights violations. As of December 2019, the Armenian authorities have not submitted appropriate documentation to the Council of Europe in regard to their plans to safeguard the right to public protest in future.

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Public demonstrations subject to violent homophobic attacks in Georgia

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Public demonstrations subject to violent homophobic attacks in Georgia

In Georgia, pride marches on the International Day Against Homophobia and Transphobia have repeatedly been the scene of mass homophobic violence. Despite a judgment from the European Court of Human Rights highlighting violence from 2012, it is still not possible to protest safely in favour of LGBTI rights.

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Interference with the independence of the Hungarian judiciary: the case of András Baka

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Interference with the independence of the Hungarian judiciary: the case of András Baka

In 2011 the Hungarian government started a series of fundamental reforms that were later recognised by many to have undermined the independence of the Hungarian justice system. Mr. Baka was President of the Hungarian Supreme Court at the time and publicly criticised the changes. As a result of his comments, Mr Baka was forced from office three and a half years before the end of his mandate, following a change in the law designed specifically to remove him.

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Arrest and detention of election monitoring specialist Anar Mammadli

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Arrest and detention of election monitoring specialist Anar Mammadli

Anar Mammadli is an activist specialized in monitoring elections in Azerbaijan.

In 2008, his NGO was dissolved by justice. In 2013, in his report about the last elections, he concluded that the Azerbaijani elections were not democratic. The same year he was arrested and placed in custody.

The European Court of Human Rights concluded that his arrest was purely political. The reason of his detention was to silent him.

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Unlawful detention of members of a civic movement in Azerbaijan

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Unlawful detention of members of a civic movement in Azerbaijan

Rashad Hasanov, Zaur Gurbanli, Uzeyir Mammadli and Rashadat Akhundov are four activists and members of NIDA civic movement. They fight for liberty and peace in Azerbaijan.

In 2013, they organized protests about governement actions.

The same year, they were all arrested and placed in custody for the organization of these events.

The European Court of Human Rights found that their arrest was politically motivated. The reason of their arrest was to punish them for having criticized the government.

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The right to peaceful assembly in Turkey: the Oya Ataman case

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The right to peaceful assembly in Turkey: the Oya Ataman case

On 22 April 2000, Oya Ataman took to Sultanahmet Square,Istanbul, in protest against prison conditions in Turkey.  Despite posing no threat to public order, Turkish authorities subjected Oya and several of her colleagues to arbitrary arrest and repelled them with pepper spray, a nerve agent capable of causing respiratory problems, nausea, vomiting and spasms.

In December 2006, The European Court found a violation of article 11 of the European Convention of Human Rights, protecting the right to peaceful assembly.

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Failure to investigate alleged ill-treatment by police officials in Croatia: the Durdevic case

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Failure to investigate alleged ill-treatment by police officials in Croatia: the Durdevic case

On 16th June 2009, Danijel Đurđević—alongside his mother Katica Đurđević—were brutally beaten. They alleged that the attack had been carried out by Croatian police.

In its judgment, the European Court of Human Rights ruled that the state had failed in its duty to carry out an investigation into allegations of ill-treatment by state officials. The state attorney general had lacked both transparency and independence.

The allegation of police ill-treatment has still never been properly investigated - along with three other similar cases, where violations were found by the European Court.

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Government surveillance in Romania: the case of whistle-blower Constantin Bucur

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At a press conference in May 1996, Constantin Bucur publicly revealed allegations that the Romania authorities had been illicitly intercepting the phone calls of journalists, politicians and members of civil society. He was sentenced to two years’ imprisonment. After the European Court of Human Rights ruled in his favour and found a lack of protections against unjustified government surveillance, citizens still wait for effective reforms.

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Georgiy Gongadze and freedom of expression in Ukraine

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Georgiy Gongadze and freedom of expression in Ukraine

Georgiy Gongadze—a journalist and longtime critic of human rights practices in Ukraine—was kidnapped and brutally murdered in 2000. The European Court of Human Rights found that the authorities had failed to take seriously the numerous threats that Georgiy had encountered in the run up to his death. The case remains unimplemented, because journalists in Ukraine continue to be threatened and assaulted on a regular basis - and the Gongadze case has never been properly investigated. EIN member the Ukrainian Helsinki Human Rights Union advocates for the full implementation of the case, through the establishment of proper protections of all journalists.

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Human rights defender Intigam Aliyev

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Human rights defender Intigam Aliyev

Intigam Aliyev is an Azerbaijani lawyer and human rights activist. He was arrested and imprisoned for his human rights activities. Intigam was eventually released from jail and proved his case at the European Court of Human Rights. However, he has still not been exonerated, meaning that he is unable to conduct his important human rights work. His case reflects widespread persecution of human rights defenders in Azerbaijan, who are continually targeted for political reasons.

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Peaceful assembly in Ukraine: the Vyerentsov case

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Peaceful assembly in Ukraine: the Vyerentsov case

In October 2010, Oleksiy Vyerentsov was arrested and sentenced to three days administrative detention. His crime: organising a peaceful demonstration in protest against corruption in the Ukrainian prosecution service. Left with inadequate time to prepare his defence, and deprived of the opportunity to consult with a lawyer, Oleksiy decided to lodge a complaint with the European Court of Human Rights.

In its judgment, the Court found several violations of the European Convention including the right to peaceful assembly and the right to a fair trial.

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