Article 18 - Limitation on use of restrictions on rights
All Updates
Cases selected for updating the Case-Law Guide.
Kezerashvili v. Georgia, no. 11027/22
Article 18 in conjunction with Article 6: criminal conviction of a former politician allegedly for political motives.
Judgment
Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18
Article 18 in conjunction with Articles 5, 6, 8,10 and 11: administrative practices in Crimea resulting in multiple human rights violations.
Judgment | Legal Summary
Melia v. Georgia, no. 13668/21
Article 18 in conjunction with Article 5: pre-trial detention of an opposition leader.
Judgment
Kogan and Others v. Russia, no. 54003/20
Article 18 in conjunction with Article 8: revocation of prominent human rights lawyer’s residence permit.
Judgment | Legal Summary
Kutayev v. Russia, no. 17912/15
Article 18 in conjunction with Article 5: deprivation of liberty with ulterior purpose of punishing the applicant for arranging a conference and refusing to attend a meeting with the Chechen President.
Judgment
Juszczyszyn v. Poland, no. 35599/20
Article 18 in conjunction with Article 8: judge’s suspension predominantly aiming to sanction and dissuade him from verifying lawfulness of appointment of judges on recommendation of reformed National Council of the Judiciary.
Judgment | Legal Summary
Nevzlin v. Russia, no. 26679/08
Article 18 in conjunction with Article 6: prosecution allegedly politically motivated.
Judgment
Miroslava Todorova v. Bulgaria, no. 40072/13
Article 18 in conjunction with Article 10: disciplinary sanctions against a judge in retaliation against her criticism of the Supreme Judicial Council and the executive.
Judgment | Legal Summary
Democracy and Human Rights Resource Centre and Mustafayev v. Azerbaijan, nos. 74288/14 and 64568/16
Article 18 in conjunction with Article 2 of Protocol No. 4 and with Article 1 of Protocol No. 1: freezing of bank accounts and travel bans intended to paralyse an NGO’s human-rights work.
Judgment | Legal Summary
Ahmet Hüsrev Altan v. Turkey, no. 13252/17
Article 18 in conjunction with Article 5: alleged pre-trial detention ordered for a purpose not prescribed by the Convention.
Judgment | Legal Summary
Azizov and Novruzlu v. Azerbaijan, nos. 65583/13 and 70106/13
Article 18 in conjunction with Article 5 § 3: pre-trial detention of opposition activists predominantly aiming to punish and silence them for active involvement in anti-government demonstrations.
Judgment | Legal Summary
Selahattin Demirtaş v. Turkey (no. 2) [GC], no. 14305/17
Article 18 in conjunction with Article 5: member of parliament (MP) prevented from discharging his duties as a result of his prolonged pre-trial detention, for the purpose of stifling pluralism.
Judgment | Legal Summary
Şık v. Turkey (no. 2), no. 36493/17
Article 18 in conjunction with Article 5 and Article 18 in conjunction with Article 10: pre-trial detention of an investigative journalist critical of government policy.
Judgment
Sabuncu and Others v. Turkey, no. 23199/17
Article 18 in conjunction with Article 5 and Article 18 in conjunction with Article 10: prolonged detention of journalists/publishers owing to unreasonable equation of their editorial stance with propaganda in favour of terrorist organisations, without an identifiable ulterior purpose.
Judgment | Legal Summary
Udaltsov v. Russia, no. 76695/11
Article 18 in conjunction with Article 5: complaint under Article 18 not representing a fundamental aspect of the case.
Judgment
Mirgadirov v. Azerbaijan and Turkey, no. 62775/14
Article 18 in conjunction with Article 5: unsubstantiated allegations of ulterior purpose behind applicant’s arrest and detention.
Judgment | Legal Summary
Khadija Ismayilova v. Azerbaijan (no. 2), no. 30778/15
Article 18 in conjunction with Article 5: detention of a well-known investigative journalist and government critic in order to silence and punish her for her journalistic activities.
Judgment
Ibrahimov and Mammadov v. Azerbaijan, nos. 63571/16 and 5 others
Article 18 in conjunction with Article 5: detention of opposition activists in order to punish them for painting anti-government graffiti.
Judgment | Legal Summary
Khodorkovskiy and Lebedev v. Russia (no. 2), nos. 51111/07 and 42757/07
Article 18 in conjunction with Article 8: unavailability of long-term visits in the remand prison.
Judgment