European Court of Human Rights - Khadija Ismayilova v. Azerbaijan - Application no. 65286/13 and 57270/14

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

10/04/2019

Note – Notes:

Ruling:

Violation of articles 6, 8, 10 ECHR → the guarantees of a fair trial have been violated; the right to privacy has been breached because cameras were introduced in a private and intimate space; the right to freedom of expression has been breached because the applicant was enabled to exercise her profession as a journalist.

Reference to obligations of criminalization:

Indirect reference
Par. 115 → The court recommends that States must adopt efficient criminal law provisions in order to safeguard the individual’s physical or moral integrity.

Reference to human dignity:

Par. 116 →The Court considers that the acts complained of were grave and an affront to human dignity.

Norme penali italiane rilevanti – Relevant italian rules:

Art. 8 ECHR; Art. 10 ECHR

Parole chiave – Keywords:

Corte Europea dei Diritti Umani - European Court Of Human Rights, Cyber-Crime - Cyber-Crime, Donne - Woman, Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Trattato - Treaty