Article 6


Chinese student’s murder conviction on the basis of contradictory witness statements violated his right to a fair trial

JUDGMENT  Zhang v. Ukraine 13.11.2018 (no. 6970/15) see here SUMMARY  The case concerned the applicant’s conviction for murder. The Court found in particular that the applicant had been convicted on the basis of contradictory and inconsistent prosecution witness testimony, a reason the case had earlier been remitted several times for further investigation. The courts had […]

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The Court requires sufficient justification for the allegations of the accused concerning the accusation and the evaluation of the witnesses. The reasoning is an important aspect of the fair trial

JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here   SUMMARY  Reasoning of a court’s decision and  fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]

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Nursing homes. Can they be characterised as the personal residence of the residents?Can they be exempted from social-security contributions ? The answers of Strasbourg

JUDGMENT  Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here   SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]

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Court’s rejection of compensation claim on unsupported time-limit grounds violated the right to a fair trial

JUDGMENT  Kurşun v. Turkey 30.10.2018 (no. 22677/10) see here   SUMMARY  The case concerned the applicant’s claims for compensation following an oil explosion which damaged his property. He alleged that the State, in its handling of the situation, had failed to give him a fair trial and had violated his right to property. The Court found in […]

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Undercovered police officers are presented as drug dealers aiming at arresting the actual perpetrators. Is an unlawful secret police operation compatible with the European Convention on Human Rights in order to verify the offense of drug trafficking?

JUDGMENT  Guerni v. Belgium 23.10.2018 (no.  19291/07) see here SUMMARY  The case concerned criminal proceedings under which Mr Guerni had been convicted of drug trafficking. In the framework of their investigations, the police had been authorised to call on the services of an informer and an undercover agent posing as a purchaser. The Court found […]

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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.

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 […]

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Is the Court impartial when the father who is a Supreme Court judge examines a case where his son participated as a Prosecutor?

JUDGMENT Dainelienė v. Lithuania 16.10.2018 (no. 23532/14) see here   SUMMARY The Court found in particular that the Supreme Court’s impartiality had been compromised because the son of the judge presiding over the panel which had decided not to examine the applicant’s appeal on points of law had been the prosecutor in earlier embezzlement proceedings against […]

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Sarkozy as President of the Republic and his representation as a civilian party against a citizen. Were the judges affected by his status?

JUDGMENT Τhiam v. France  18.10.2018 (no. 80018/12)  see here  SUMMARY Participation of former President of the Republic of France Nicolas Sarkozy as a civilian party in a criminal trial against a citizen. Complaints by the applicant alleging breach of the principle of equality of arms and lack of impartiality of the court due to the […]

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The rejection of an appeal on the ground that a non-identical copy of the appeal was submitted before the court violated the right of access to a Court.

JUDGMENT Parol v. Poland  11.10.2018 (no. 65379/13) see here SUMMARY Rejection of an appeal and right of access to a court. The applicant’s appeal is inadmissible on the ground that the copy of the appeal lodged before the competent court was not identical to the original. The Court held that the applicant had exercised due […]

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The petition of a criminal court that a minor witness has committed the offense without being an accused can not produce a res judicata in a civil case and base its decision on that.

JUDGMENT Kožemiakina v. Lithuania 02.10.2018 (no. 231/15)  see here SUMMARY The civil court convicted the applicant of compensation for acts of her minor child, found on the basis of petitions in criminal proceedings in which her son was merely a witness and did not have the status of a party, nor of the accused. The […]

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