Strasbourg Observers

View posts from: Non-retroactivity

  • Kerem Altiparmak and Rumeysa Budak

Yasak v. Türkiye: A Green Light to the Retrospective Application of Criminal Law in Terror Cases?

November 29, 2024

By Kerem Altiparmak and Rumeysa Budak Introduction On 27 August 2024, the Second Chamber of the European Court of Human Rights (ECtHR/the Court) ruled that the principle of no crime and punishment without law (Article 7 ECHR) was not violated for the applicant Şaban Yasak, who was prosecuted and sentenced to imprisonment for membership of […]

  • Zoë Grossi and Pauline Charlotte Janssens

Zăicescu and Fălticineanu v. Romania: Forsaking Non-Retroactivity – a Positive Shift in Judicial Activism Recognising Secondary Victimisation

November 08, 2024

by Zoë Grossi and Pauline Charlotte Janssens Introduction On 23 April 2024, the European Court of Human Rights delivered a judgment in the case of Zăicescu and Fălticineanu v. Romania. The Court unanimously held that Romania violated Article 8 juncto Article 14 of the Convention by acquitting two high-ranking military officials previously convicted of war […]