Judgments of 19.11.2024

2024-11-19T00:00:00
issued by the Registrar of the Court   ECHR 267 (2024)   19.11.2024   Judgments of 19 November 2024   The European Court of Human Rights has today notified in writing seven judgments1:   three Chamber judgments are summarised below;   four Committee judgments, concerning issues which have already been examined by the Court, can   be consulted on Hudoc and do not appear in this press release.   The judgments summarised below are available only in English.   Tsiolis v. Greece (application no. 51774/17)   The applicant, Ioannis Tsiolis, was a Greek national who was born in 1938 and lived in Ioannina   (Greece).   The case concerns the court proceedings that followed his application for an extension to a fish farm   that he owned in the Ambracian Gulf. In its ruling, the Environment Ministry held that the fish farm   was located in the special wetland protection zone of the Gulf and it therefore could not operate in   the zone at all. The Athens Administrative Court of Appeal found that his claim regarding   compensation and loss of earnings fell outside the five-year time-limit for cases against the State. An   appeal on points of law by Mr Tsiolis was rejected by the Supreme Administrative Court on   16 January 2017.   Relying on Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights and   Article 1 of Protocol No. 1 (protection of property) to the European Convention, Mr Tsiolis argues, in   particular, that the Supreme Administrative Court’s rejection of his arguments supporting the   admissibility of his appeal on points of law was not reasoned correctly, and complains of how the   Greek courts ruled on the starting point of the limitation period.   Violation of Article 6 § 1   Just satisfaction:   non-pecuniary damage: 6 000 euros (EUR)   Clipea and Grosu v. the Republic of Moldova (no. 39468/17)   The applicants, Eugeniu Clipea and Virginia Grosu, are Moldovan nationals who were born in in 1992   and 1965 respectively and live in Chișinău. They both have intellectual disabilities.   Both of them underwent periodic treatment at the Chișinău Clinical Psychiatric Hospital. The case   concerns the conditions of their treatment while there, including allegations that Mr Clipea was left   unwashed and suffered skin diseases; that he was not able to go for walks outdoors in the fresh air;   that his belongings were occasionally stolen by other patients; that he was beaten by other patients;   1 Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber   judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a   panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and   deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the   Convention, judgments delivered by a Committee are final.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution   that the facilities were unsanitary and smelled; and that Ms Grosu was made to clean the toilets and   her room; among many other allegations.   Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 14 (prohibition of   discrimination) of the Convention, the applicants complain of Mr Clipea’s treatment by other   patients while in hospital for psychiatric treatment, alleging it was condoned by staff, and that the   investigation into his allegations was ineffective. They also complain that the inhuman treatment   they suffered was because of their psychological disabilities.   Violation of Article 3 in respect of the material conditions of the applicants’ treatment   Violation of Article 3 in respect of the investigation into the applicants’ allegations   No-violation of Article 3 in respect of the first applicant’s ill-treatment   Violation of Article 14 taken in conjunction with Article 3   Just satisfaction:   non-pecuniary damage: EUR 7,500 to each applicant   Vieru v. the Republic of Moldova (no. 17106/18)   The applicant, Viorel Vieru, is a Moldovan national who was born in 1974 and lives in Chișinău.   Mr Vieru is the brother of T., who was subjected to repeated episodes of domestic violence at the   hands of her husband, despite numerous protection orders, ultimately resulting in her death from a   fall from the fifth floor of a building. The case concerns how the Moldovan authorities dealt with   these events.   Relying on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 6 (right to a   fair trial) and 8 (right to respect for private and family life) of the Convention, and Article 14 taken in   conjunction with those Articles, Mr Vieru complains, in particular, of a failure on the part of the   authorities to protect his sister from violence leading to her death, and that the authorities’ allegedly   inadequate response was because she was a woman.   Violation of Article 2 (investigation)   Violation of Article 3 (ill-treatment and investigation)   Violation of Article 14 read in conjunction with Articles 2 and 3   Just satisfaction:   non-pecuniary damage: EUR 20,000   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments   and   further   information   about   the   Court   can   be   found   on   https://www.echr.coe.int/home. To receive the Court’s press releases, please subscribe here:   www.echr.coe.int/RSS/en or follow us on X (Twitter) @ECHR_CEDH.   Press contacts   [email protected]e.int | tel.: +33 3 90 21 42 08   We are happy to receive journalists’ enquiries via either email or telephone.   Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30)   Denis Lambert (tel.: + 33 3 90 21 41 09)   Inci Ertekin (tel.: + 33 3 90 21 55 30)   Neil Connolly (tel.: + 33 3 90 21 48 05)   Jane Swift (tel.: + 33 3 88 41 29 04)   2 The European Court of Human Rights was set up in Strasbourg by the Council of Europe member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   3