Article 13 - Right to an effective remedy
All Updates
Serbian-Chinese Friendship Society FDH v. Serbia, no. 54936/20
Prohibition of public protests against the alleged persecution of Falun Gong and its members in China, planned by the applicant society at the time of the Chinese President’s official visit to Serbia.
Judgment
Y.K. v. Croatia, no. 38776/21
Lack of effective domestic remedy with automatic suspensive effect and lack of access to a lawyer to challenge the removal of the applicant, a Turkish national of Kurdish ethnicity, from Croatia.
Judgment
Ukraine and the Netherlands v. Russia [GC], nos. 8019/16 and 3 others
Four separate inter-State applications lodged against the Russian Federation, concerning the events in the Donetsk and Luhansk regions, which began in the spring of 2014 – including the downing of flight MH17 on 17 July 2014 – and events throughout Ukraine from 24 February 2022, i.e., the start of the full-scale military invasion by the Russian Federation.
Judgment | Legal Summary
Haugen v. Norway, no. 59476/21
Lack of an effective remedy for failure to protect the life of the applicant’s son who suffered from psychiatric disorders and committed suicide in pre-trial detention in an ordinary prison unit.
Judgment | Legal Summary
Rizzo and Others v. Malta, no. 36318/21
Effectiveness of the Constitutional Court as a remedy following developments in domestic case-law relating to old rent laws.
Judgment
Panju v. Belgium (no. 2), no. 49072/21
Refusal of compensation for excessive length of criminal proceedings on the grounds that the non-pecuniary damage had been redressed by the subsequent declaration that the prosecution was inadmissible.
Judgment | Legal Summary
S.H. v. Malta, no. 37241/21
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
Excessive formalism in the application of the four-year limitation period by the domestic courts.
Judgment
P.C. v. Ireland, no. 26922/19
No full consideration of the Convention arguments raised by the applicant before the court.
Judgment | Legal Summary
Volodya Avetisyan v. Armenia, no. 39087/15
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
Length of domestic proceedings and ineffectiveness of the compensatory remedy.
Judgment
A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others
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
Effective remedies for voters with disabilities.
Judgment | Legal Summary
Bara and Kola v. Albania, nos. 43391/18 and 17766/19
New length-of-proceedings remedy.
Judgment | Legal Summary
E.H. v. France, no. 39126/18
Effective remedies, with suspensive effect, to challenge the return of an asylum seeker.
Judgment | Legal Summary
D v. Bulgaria, no. 29447/17
Hasty return to Turkey of a journalist 24 hours after his arrest at the border.
Judgment | Legal Summary
Polgar v. Romania, no. 39412/19
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
Compensation remedy considered effective because of its non-excessive duration.
Judgment
S.W. v. the United Kingdom, no. 87/18
Inability to claim damages for judicial act manifestly contrary to Convention.
Judgment
Galan v. Italy (dec.), no. 63772/16
Decision adopted by Parliament in an electoral context and the scope of Article 13.
Decision | Legal Summary
Cauchi v. Malta, no. 14013/19
Aggregate remedies ineffective in a case concerning low amount of rent.
Judgment
Mik and Jovanović v. Serbia (dec.), nos. 9291/14 and 63798/14
New legal framework establishing mechanism for redress for all parents of missing newborn children.
Decision | Legal Summary
Barbotin v. France, no. 25338/16
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
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, 42902/17 and 43643/17
Absence of a remedy with automatic suspensive effect for asylum-seekers.
Judgment | Legal Summary
Dikaiou and Others v. Greece, no. 77457/13
Effectiveness of preventive and compensatory remedies concerning conditions of detention.
Judgment
Mugemangango v. Belgium [GC], no. 310/15
Failure to provide effective remedy by which to challenge election results and seek recount.
Judgment | Legal Summary
Moustahi v. France, no. 9347/14
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
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
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
Failure to exhaust new remedy dealing with prolonged non-enforcement of final decisions awarding compensation for property expropriated during the communist regime.
Decision | Legal Summary
Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others
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
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
Effectiveness of constitutional redress proceedings.
Judgment | Legal Summary
Bastys v. Lithuania, no. 80749/17
Conditions of availability of the effective domestic remedy.
Judgment
J.M.B. and Others v. France, nos. 9671/15 and 31 others
Effective preventive remedy for inadequate conditions of detention linked to prison overcrowding.
Judgment | Legal Summary
Sukachov v. Ukraine, no. 14057/17
Effective remedies in conditions-of-detention cases.
Judgment | Legal Summary
Beizaras and Levickas v. Lithuania, no. 41288/15
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
No effective remedy under domestic law to put forward a complaint for malfunctioning of the justice system.
Judgment