Article 6

Establishment of an extraordinary criminal court for a bank fraud trial with all the legal guarantees provided. Non-violation of the independence and impartiality of the court

Bahaettin Uzan v. Turkey 24.11.2020 (app. no. 30836/07)
The right of every person to be tried by an independent and impartial court operating and established legally.
The applicant was accused of participating in a banking fraud through software resulting in the interception of a large sum of money transferred from the bank to the account of the company in which he was a managing director. The 8th Istanbul Criminal Court was established by law to adjudicate the case. He was sentenced to a fine of 12,314,900,000 euros and 17 years in prison. He complained about the lack of an independent and impartial court.
The Court reiterated that according to Article 6 § 1 of the Convention, “the organization of the judiciary in a democratic society does not depend on the discretion of the executive, but is governed by a law of  the Parliament”.

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Cancellation of a public contract and withholding of the guarantee due to pending prosecution of the applicant. Serious negligence of the competent body and violation of the right to property

Kurban v. Turkey 24.11.2020 (app. no.  75414/10)
Right to property, public procurement and proportionality between the means and the intended purpose.
The applicant participated in a tender for the execution of a construction project in which his bid prevailed and a public contract was signed. He paid a guarantee of 6% on the value of the contract. The contract was canceled because the State was subsequently informed of the existence of a pending criminal prosecution against the applicant relating to public procurement. The guarantee was withheld by law. He filed a complaint for violation of the presumption of innocence and his right to property.

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The violent arrest of a lawyer-protester by police constituted degrading treatment. ECHR violations due to arrests and overnight detention of protesters

Navalnyy and Gunko v. Russia 10.11.2020 (app. no. 75186/12)
Two protesters were arrested in Bolotnaya Square in Russia in May 2012 during a political demonstration against the government. Their overnight detention in a police station and administrative conviction for violating legal police orders.
One of the protesters, Aleksey Navalnyy, a lawyer and political activist, claimed in his application before the ECtHR that a police officer had used excessive force during his arrest. Both protesters also claimed that their arrest and overnight detention was unjustified and arbitrary, that the administrative proceedings against them were unfair, that the dissolution of the demonstration, their arrest and subsequent conviction were disproportionate and that these violations of their rights were intended to undermine the freedom of assembly.

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The Athens Court of Appeals did not take into account a affidavit that had not been submitted in accordance with the Code of Civil Procedure. Non-violation of access to court as its content emerged from the testimony of a witness at the hearing precedures

The applicants in this case considered that the refusal by the court of appeal and the Court of
Cassation to take account of evidence which they considered as decisive for the outcome of the case
had been excessively formalistic. Those courts had considered that the documents in question had
not been presented to the court of appeal in accordance with the requirements of Article 240 of the
Greek Code of Civil Procedure.

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Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.

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Basketball player and debts of his club. Impossibility of issuing a decision for the payment of the due sum due to contradictory court decisions. Lack of a fair trial, the inability to reach a “resolution” by a court

Right of access to court and fair trial. Impossibility to issue a decision on the merits due to contradictory court decisions.

The plaintiff, a well-known basketball player, wanted to cancel the contract with the club he had signed and claim the amounts owed. He then appealed to the sports arbitration tribunal, which finally awarded the applicant the due sums. The tribunal refused to award the sum.

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Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

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A judge has tried the same parties three times for the same facts. The same judge also rejected his request for exclusion! Conviction for bias!

JUDGMENT Mikhail Mironov v. Russia 06.10.2020 (app. no. 58138/09) see here   SUMMARY Judge impartiality. Fair trial. Objection of bias. A judge tried one criminal and two civil cases between the same parties and for the same facts. He also adjudicated his objection of exclusion and rejected it. A judge has tried the same parties three […]

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Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

JUDGMENT Akbay and others v. Germany 15.10.2020 (app. no. 40495/15, 40913/15 and 37273/15) see here SUMMARY Fair trial and police trapping. The applicants were convicted of importing and trafficking drugs. In order to commit the crime, they were instigated by an undercover police officer who encouraged them to commit the act, allegedly providing them with […]

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