Article 6

Failure to exercise a national effective remedy for breach of reasonable time in civil proceedings. The application is inadmissible

JUDGMENT Guravska v. Latvia 10.09.2020 (αριθ. 41553/18) see here SUMMARY Reasonable duration of civil proceedings in a civil property dispute. Effective national remedy. The ECtHR found that the applicant had access to a statutory effective remedy in relation to her complaint about the unreasonable length of the civil proceedings, in the form of a constitutional […]

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δικηγόρος

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

JUDGMENT Pervane v. Turkey 08.09.2020  (app. no.  74553/11) see here   SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

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A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here  SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property  with irrevocable decisions, however the Inventory Office refused […]

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δικηγόρος

The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

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The condition that a defendant convicted in absentia appear in person during the retrial does not constitute a disproportionate burden

JUDGMENT Chong Coronado v. Andorre 23.07.2020 (application no. 37368/15) see here  SUMMARY The case concerned criminal proceedings leading to the applicant’s conviction in absentia at first instance. The applicant complained that he had not been able to lodge an appeal as he would first have had to travel to Andorra in person to appear before […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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Rejection of an appeal due to the time limit. The time limit must start from the knowledge of the adverse consequences of the decisions under appeal. Violation of access to court

JUDGMENT Gros v. Slovenia 07.07.2020 (app. no.  45315/18) see here   SUMMARY Right of access to a Court and procedural deadlines. The case concerned his complaint of having been denied access to a court to challenge municipal decisions to classify paths crossing his land as “public roads”.The Constitutional Court dismissed his appeal as out of time. […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

JUDGMENT Covalenco v. the Republic  of Moldova  16.06.2020 (no. 72164/14) see here   SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

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ECHRCaseLaw

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