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France reinforces the guarantees around the FNAEG (National Computerised DNA Database)

8 April 2022

Incorporating the changes required by the Aycaguer judgment of the European Court, a decree promulgated on 29 October 2021 modulates the periods of data retention in the FNAEG according to the seriousness of the offence, on which they were recorded, and the status as adult or minor of the person...

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Ukraine: Supreme Court’s case-law evolves to ensure fair trials and applicants’ restitutio in integrum

25 February 2022

On 16 February, the Committee of Ministers ended the supervision of the execution of the ECHR judgments in the Bochan (No. 2) v. Ukraine group of cases. The cases concerned violations of the right to a fair trial during review proceedings before the Supreme Court following judgments of the...

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J.D. and A v. the United Kingdom

United Kingdom: new legislation enhances protection of victims of domestic violence.


In February 2022, the Committee of Ministers ended the supervision of the execution of the ECHR judgment in J.D. and A v. the United Kingdom. The case concerns the discriminatory reduction in housing benefit enjoyed by the second applicant, a woman at risk of domestic violence who benefited from...

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Paksas v. Lithuania

Lithuania: Parliament moves towards constitutional amendment to implement ECHR judgment


On 18 January, the Lithuanian Parliament (Seimas) approved in the first vote the constitutional amendment aimed at implementing the ECHR judgment in the case concerning the former president Rolandas Paksas. The Court has found a violation of the applicant’s right to free elections due to the...

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Lachiri v. Belgium

Belgium: amended Judicial Code enhances freedom of religion


A law of 28 November 2021 (published on 30 November) amended Article 759 of the Judicial Code, which used to read: "Whoever attends a hearing shall stand uncovered, respectful and silent: whatever the judge orders for the maintenance of order shall be carried out punctually and immediately." By...

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Oyal v. Turkey

Turkey: Protection of rights in the health care system


On 3 December, the Committee of Ministers ended its supervision of execution of the Oyal group of cases. This group concerned, among others, violations of the right to life and prohibition of inhuman treatment on account of medical negligence committed mainly by medical staff of state-run...

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Clasens v. Belgium

Belgium: prison conditions during strikes by prison officers


In October 2021, the Federal Institute for the Protection and Promotion of Human Rights (IFDH) and the Central Supervisory Board of Prisons (CCSP) submitted a joint communication to the Committee in the Clasens group of cases. They indicate that strikes by prison officers last in practice...

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Rashad Hasanov and Others v. Azerbaijan

Azerbaijan: Decision of Supreme Court aims to fully redress human rights violations


On 19 November 2021, the Plenum of the Supreme Court, in the light of the judgment of the ECHR (Rashad Hasanov and Others) (Mammadli group of cases) examined the cases of Rashad Hasanov, Zaur Gurbanli, Uzeyir Mammadli and Rashadat Akhundov. Having regard to the ECHR’s conclusions in this...

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Khan v. France

France: protection of unaccompanied foreign minors "in transit"


Two new communications have been transmitted to the Committee of Ministers in the Khan case by UNICEF France and two associations, Utopia 56 and Safe Passage International, working in the field in the Nord and Pas-de-Calais departments. These communications set out the measures adopted by the...

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Lewit v. Austria

Austria: Protection of a Holocaust survivor’s reputation


On 20 October, the Committee of Ministers ended the supervision of execution by Austria of the European Court’s judgment in Lewit, which concerned a violation of the reputation of the applicant, a 97-year-old Holocaust survivor. In defamation proceedings he had initiated, the domestic courts...

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