7th P - Article 2 Archives

7th P – Article 2

Ex officio appointment of lawyers and non-acceptance of their appointment. The lawyers were sentenced to a fine in absentia for contempt of the Court. No infringement of the ECHR.

7th P - Article 2
October 31, 2018 12:55 pm

JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 30.10.2018 (no. 68273/14 and 68271/14) see here PROVISIONS Article 6 Article 7 Article 2 of Protocol n. 7 SUMMARY The case concerned the imposition of fines on the applicants after they resigned as defence counsel in a criminal case. The Court found in particular that the […]

Sentence to detention for the offense of contempt of the court

7th P - Article 2
August 31, 2018 9:44 am

JUDGMENT Mikhaylova v. Ukraine 6.3.2018 (no. 10644/08) see here SUMMARY The applicant told the Judge who chaired “I do not know any case where you have made a lawful decision” and that “the law does not mean anything for you.” She was referred to trial for contempt of court and sentenced by another judge to […]

Can the delay in the trial of a prisoner’s appeal lead to a higher penalty due to a conditional early release?

7th P - Article 2
August 21, 2018 9:23 am

JUDGMENT Fırat v. Greece 9.11.2017 (no. 46005/11) see here SUMMARY The case concerned criminal proceedings relating to the conviction of a migrant smuggler who complained, firstly, of the length of the criminal proceedings before the Court of Appeal and the lack of a remedy by which to assert that complaint, and secondly, of having served […]

The deprivation of an accused of the appeal violates the ECHR

7th P - Article 2
July 27, 2018 12:40 pm

JUDGMENT Rostovtsev v. Ukraine 25-07-2017 (no. 2728/16) see here SUMMARY The case concerned the applicant’s complaint that he was not allowed to appeal against the conviction with regard to possession of drugs. Based on Article 2 of the 7th Protocol (right to double jurisdiction in criminal matters), Mr Rostovtsev complained that he had been deprived […]

7th P – Article 2

Ex officio appointment of lawyers and non-acceptance of their appointment. The lawyers were sentenced to a fine in absentia for contempt of the Court. No infringement of the ECHR.

Sentence to detention for the offense of contempt of the court

Can the delay in the trial of a prisoner’s appeal lead to a higher penalty due to a conditional early release?

The deprivation of an accused of the appeal violates the ECHR

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