Article 38 Archives

Article 38

Failure to investigate the murder of a well-known human rights defender. Violation of a procedural part of Article 2 of the ECHR

Article 2
04/09/2021 17:15

JUDGMENT Estemirova v. Russia 31.08.2021 (app. no.42705/11) see here SUMMARY The case concerned the abduction and murder of a well-known human-rights activist, Natalia Estemirova, and the effectiveness of the ensuing investigation. The Court found that the Government’s failure to provide a full copy of the criminal case file had undermined its ability to assess the […]

Lack of impartiality of the court when in a trial for revealing state secrets 1/3 of the jurors were related to secret services!

Article 10
11/12/2020 18:20

JUDGMENT
Danilov v. Russia 01.12.2020 (app. no. 88/05)
Jurors, principle of impartiality and the right to examine witnesses.
A famous physicist was found guilty of treason for revealing state secrets. The applicant complained of jury bias and that his restrictions on the examination of witnesses meant that he did not have access to a fair trial.
The ECtHR found that bias issues were identified in the composition of the jury as 4 of the 12 jurors carried “state security clearance”. The national court should therefore have considered this issue in detail. The failure of the courts to do so violated the ECHR.

A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

Article 14
02/06/2020 19:07

JUDGMENT Makuchyan and Minasyan v. Azerbaijan and Hungary 26.05.2020 (no. 17247/13) see here SUMMARY The case concerned the presidential pardon given to a convicted murderer and his release following his transfer from Hungary to Azerbaijan to serve the rest of his sentence. R.S., a military officer from Azerbaijan, killed an Armenian military officer and attempted […]

Article 38

Failure to investigate the murder of a well-known human rights defender. Violation of a procedural part of Article 2 of the ECHR

Lack of impartiality of the court when in a trial for revealing state secrets 1/3 of the jurors were related to secret services!

A soldier who beheaded an Armenian for nationalistic reasons becomes a hero in his country! The Court does not forgive and punishes!

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