obligations under Article 38   Having examined the Government’s conduct in assisting the Court to establish the facts of the case, the Court concluded that the Ukrainian authorities had failed to discharge

    The applicant maintained his claims, arguing that the judgment in his favour was enforced only partially and that to discharge its obligation the State should have covered the full cost of

    Can the applicant be considered to have lost his victim status under Article 1 of Protocol No. 1 upon the resumption of the pension payments and the lump sum discharge of the pension arrears

applicant’s husband was treated or (iii)   a fault attributable to the health-care professionals going beyond a mere error or medical negligence or failure by the health-care professionals to discharge

Despite the opinion of the experts, who all agreed that the risk of the applicant committing a similar offence was low, the court found that it was not possible to discharge him from the hospital.

manner in which they had actually handled the matter – notably a reluctance to open a criminal case and a slow pace of the investigation resulting in the perpetrator’s impunity – disclosed a failure to discharge

    Having regard to the procedural protection from ill ‑ treatment, did the investigation and trial in the present case discharge the domestic authorities’ positive obligations under

If fresh proceedings are nevertheless instituted, the court shall, at any stage of the proceedings, acquit or discharge the defendant and state the reasons for doing so in the operative part of the judgment

Several days after her discharge, D.M. was again admitted to a hospital because of her worsening health situation. 3.

Consent for such discharges was given on the basis that £26,819.00 be lodged by the second applicant and £25,242.50 by Mary Flattery with the Official Assignee in light of the outstanding issue of the

He submitted that the records of the sobering-up centre were not accurate as he must have already had bruises at the time of his discharge.

presumption of innocence was infringed in that the Court of Appeal reversed the burden of proof which is normally incumbent on the prosecution by imposing on him the obligation, which he found impossible to discharge

The Remand Centre explained that it was technically impossible to discharge the applicant at such an early hour.

If the court establishes that the defendant had moved out voluntarily from the housing and also that he unilaterally refused to make use of his rights and discharge his obligations under a social tenancy

fact that she had been deprived of her legal capacity, she was still able to express an opinion on her situation and had unequivocally objected to her stay in the home throughout and requested her discharge

on social networks – in particular information about their sexual orientation, together with information about their same-sex marriage, personal address or photograph – did the domestic authorities discharge

They further complain under Article 2 of the Convention that the Russian Federation failed to discharge its obligation to conduct an effective investigation into the killing of their relatives and to bring

The Government had failed to provide convincing explanations capable of refuting those allegations and had thus failed to discharge their burden of proof to prove the contrary.

    Did the domestic authorities discharge their position obligation to ensure effective respect for the rights protected by Article 8, including the adoption of measures in the sphere of the