Article 6 – Par. 1

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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υπερασπιστές ανθρωπίνων δικαιωμάτων

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and  63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (  49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

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Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case  concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]

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Special Appeal before the President of the Republic, who has not responded for 14 years! The action for unjustified delay is inadmissible because it did not concern a court procedure

JUDGMENT Mediani v. Italy 01.10.2020 (aoo. no. 11036/14) see here  SUMMARY The case concerned the length of proceedings relating to a special appeal to the President of the Republic (ricorso straordinario al Presidente della Repubblica). Mr Mediani, who had lodged his appeal in 2004 in order to challenge the decision to revoke his advancement to […]

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