Article 13 - Right to an effective remedy

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Cases selected for updating the Case-Law Guide.

S.H. v. Malta, no. 37241/21

20/12/22

Refusal of applicant’s asylum requests without an assessment of his claim as to the risk faced on his return to Bangladesh given his reporting as a journalist of electoral irregularities.
Judgment


Loste v. France, no. 59227/12

03/11/22

Excessive formalism in the application of the four-year limitation period by the domestic courts.
Judgment


P.C. v. Ireland, no. 26922/19

01/09/22

No full consideration of the Convention arguments raised by the applicant before the court.
Judgment | Legal Summary


Volodya Avetisyan v. Armenia, no. 39087/15

03/05/22

Ineffective domestic judicial remedies for complaints as to inadequate conditions of detention.
Judgment | Legal Summary


Verrascina and Others v. Italy, nos. 15566/13 and 5 others

28/04/22

Length of domestic proceedings and ineffectiveness of the compensatory remedy.
Judgment


A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others

05/04/22

Legal possibility to challenge deportation not available to applicants through their own unlawful conduct.
Judgment | Legal Summary


Toplak and Mrak v. Slovenia, nos. 34591/19 and 42545/19

26/10/21

Effective remedies for voters with disabilities.
Judgment | Legal Summary


Bara and Kola v. Albania, nos. 43391/18 and 17766/19

12/10/21

New length-of-proceedings remedy.
Judgment | Legal Summary


E.H. v. France, no. 39126/18

22/07/21

Effective remedies, with suspensive effect, to challenge the return of an asylum seeker.
Judgment | Legal Summary


D v. Bulgaria, no. 29447/17

20/07/21

Hasty return to Turkey of a journalist 24 hours after his arrest at the border.
Judgment | Legal Summary


Polgar v. Romania, no. 39412/19

20/07/21

New remedy after pilot judgment for inadequate conditions of detention and transport.
Judgment | Legal Summary


Titan Total Group S.R.L. v. the Republic of Moldova, no. 61458/08

06/07/21

Compensation remedy considered effective because of its non-excessive duration.
Judgment


S.W. v. the United Kingdom, no. 87/18

22/06/21

Inability to claim damages for judicial act manifestly contrary to Convention.
Judgment


Galan v. Italy (dec.), no. 63772/16

18/05/21

Decision adopted by Parliament in an electoral context and the scope of Article 13.
Decision | Legal Summary


Cauchi v. Malta, no. 14013/19

25/03/21

Aggregate remedies ineffective in a case concerning low amount of rent.
Judgment


Mik and Jovanović v. Serbia (dec.), nos. 9291/14 and 63798/14

23/03/21

New legal framework establishing mechanism for redress for all parents of missing newborn children.
Decision | Legal Summary


Barbotin v. France, no. 25338/16

19/11/20

Compensatory remedy in respect of inhuman conditions of detention. Low award and detainee to pay the expert’s fees meaning that he owed money to the State.
Judgment | Legal Summary


Roth v. Germany, nos. 6780/18 and 30776/18

22/10/20

​Refusal to grant compensation for non-pecuniary damage resulting from unlawful random strip searches of prisoner.
Judgment | Legal Summary
 


M.K. and Others v. Poland, nos. 40503/17 and 2 others

23/07/20

Absence of a remedy with automatic suspensive effect for asylum-seekers.
JudgmentLegal Summary


Dikaiou and Others v. Greece, no. 77457/13

16/07/20

Effectiveness of preventive and compensatory remedies concerning conditions of detention.
Judgment


Mugemangango v. Belgium [GC], no. 310/15

10/07/20

Failure to provide effective remedy by which to challenge election results and seek recount.
Judgment | Legal Summary


Moustahi v. France, no. 9347/14

25/06/20

Remedies against expulsion rendered ineffective by rapidity of enforcement. No need for suspensive remedy in respect of mere practical arrangements for expulsion, a compensatory remedy being sufficient.
Judgment | Legal Summary


Vladimir Kharitonov v. Russia, no. 10795/14

23/06/20

Failure of courts to consider the substance of grievance or to examine lawfulness or proportionality of website blocking orders.
Judgment | Legal Summary


Association Innocence en Danger and Association Enfance et Partage v. France, nos. 15343/15 and 16806/15

04/06/20

Requirement to establish serious negligence to engage the State’s responsibility for shortcomings in the justice system.
Judgment | Legal Summary


Beshiri and Others v. Albania (dec.), nos. 29026/06 and 11 others

17/03/20

Failure to exhaust new remedy dealing with prolonged non-enforcement of final decisions awarding compensation for property expropriated during the communist regime.
DecisionLegal Summary


Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others

17/03/20

Newly introduced compensatory remedy for inadequate conditions of detention following a pilot judgment.
Decision | Legal Summary


N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15

13/02/20

Consequence of the applicants’ own illegal conduct on the right to an effective remedy.
Judgment | Legal Summary


Marshall and Others v. Malta, no. 79177/16

11/02/20

Effectiveness of constitutional redress proceedings.
Judgment | Legal Summary


Bastys v. Lithuania, no. 80749/17

04/02/20

Conditions of availability of the effective domestic remedy.
Judgment


J.M.B. and Others v. France, nos. 9671/15 and 31 others

30/01/20

Effective preventive remedy for inadequate conditions of detention linked to prison overcrowding.
Judgment | Legal Summary


Sukachov v. Ukraine, no. 14057/17

30/01/20

Effective remedies in conditions-of-detention cases.
Judgment | Legal Summary


Beizaras and Levickas v. Lithuania, no. 41288/15

14/01/20

Discriminatory attitudes, impacting on the effective application of existing domestic remedies, giving rise to an issue separate to Article 14.
Judgment | Legal Summary


X and Others v. Russia, nos. 66158/14 and 78042/16

14/01/20

No effective remedy under domestic law to put forward a complaint for malfunctioning of the justice system.
Judgment


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