Article 6

δικηγόρος

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

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The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

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The Holocaust denial is not protected by the ECHR.

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

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The father’s failure to participate in the investigation regarding his son’s murder by the police violated his right to life.

JUDGMENT Fountas v. Greece 3-10-2019 (no. 50283/13) see here SUMMARY The police shot the applicant’s son. According to the ECtHR, the national authorities had not dealt with the case to the extent required, although they had fulfilled their obligation to carry out a thorough investigation into the killing, which led to the finding that the […]

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φυλακές

Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

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Failure to hear the applicant and witnesses on appeal flouted the requirements of the right to a fair trial.

JUDGMENT Camacho Camacho v. Spain 24/09/2019 (application no.  32914/16) see here SUMMARY Fair trial and the principle of adversarial  hearing. The applicant was charged with assaulting his ex-wife. He was acquitted at  first instance but  the public prosecutor  appealed . He was sentenced to imprisonment and fined, even though he and several witnesses had never been […]

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Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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δικηγόρος

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here  SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

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Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY  Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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ECHRCaseLaw

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