Article 6 – Par. 1

Report by the parliamentary commission regarding the President of the National Broadcasting Corporation. The opinion expressed does not amount to a criminal conviction and neither the presumption of innocence nor his private life were violated

JUDGMENT Kwiatkowski v. Poland 16.05.2019 (no. 58996/11)  see here SUMMARY Publication of a report by the Polish Parliament on allegations of corruption in the amendment of the Broadcasting Act. The applicant’s complaint that the report hurt his reputation and constituted a criminal conviction without himself having access to an effective remedy. The Court found that […]

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The deprivation of the applicant’s right to attend a hearing has violated his right to equality of arms and the right to be heard

JUDGMENT Prebil v. Slovenia 19.03.2019 (no. 29278/16) see here SUMMARY Deprivation of of membership of a company member by the Board of Directors and dismissal  without notice and in absentia. Ratification of a judgment by national courts. Refusal of the Courts for the applicant’s participation in the hearing. The European Court of Human Rights held that the […]

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First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

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Rejection of the appeal due to failure to file a second copy of the appeal does not infringe the fair trial since the party was repeatedly informed of this obligation

JUDGMENT  Kunert v. Poland 04.04.2019 (no. 8981/14) see here SUMMARY  Access to court. Dismissal of the applicant’s appeal for failure to file a second copy with the Registry of the Court. According to the European Court of Human Rights, the disputed claim does not appear to be a disproportionate obstacle to the very substance of […]

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The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

JUDGMENT  Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

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Contradicted decisions of the Court of Cassation on limitation. The non-harmonization of the case law of the Chambers violates the right to a fair trial

JUDGMENT  Aksis and others v. Turkey 30.04.2019 (no. 4529/06) see here SUMMARY Contrary  jurisprudence of the Chambers of the Court of Cassation. Compensation claims against a contractor due to an earthquake in Turkey. Diversification of limitation periods according to the legal assessment of the facts. Contrary case law of the Political Chambers of the Court […]

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Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

JUDGMENT  Mityanin and Leonov v. Russia  07.05.2019  (no. 11436/06 and 22912/06) see here SUMMARY  Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was  described as guilty. The European Court of […]

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National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

JUDGMENT Repcevirag Szövetkezet  v. Hungary  30.04.2019 (no. 70750/14)  see here   SUMMARY  National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

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The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned  the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

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Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

JUDGMENT  Editorial Board of Grivna Newspaper v. Ukraine  16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY  Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed  him in formal dress and brought the caption: “I will compensate […]

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