Article 6 - Par. 1 Archives - Page 15 of 41

Trapping of an applicant by undercover police officer! In case of an objection of the accused, the burden of proof for the trapping or not is borne by the prosecutor! Violation of a fair trial

Article 6 - Par. 1
20/03/2021 19:53

JUDGMENT Zinin v. Russia 09.03.2021 (app. no. 54339/09) see here SUMMARY Trapping a perpetrator into a criminal act after being instigated by the Russian secret police. Right to a fair trial. The applicant was convicted of copyright infringement and distribution of counterfeit software after being trapped by undercover police officers. He appealed to the courts […]

The statute of limitations for the offenses due to an error of the prosecuting authorities and delays in the pre-trial violation violated the right of access to court!

Article 6 - Par. 1
19/03/2021 19:13

JUDGMENT Petrella v. Italy 18.03.2021 (app. no. 24340/07) see here SUMMARY The case concerned the length of the preliminary investigations in the context of criminal proceedings brought on the basis of a complaint by the applicant for defamation, the lack of an effective remedy in respect of the length of the proceedings and the discontinuance […]

Refusal of the national court to allow the accused to examine prosecution and defense witnesses! Violation of a fair trial

Article 6 - Par. 1
13/03/2021 16:33

JUDGMENT Keskin v. The Netherlands 19.01.2021 (app.no. 2205/16) see here SUMMARY Defendant’s right to be examined by prosecution and defense witnesses. Fair trial, equality of arms. Compensatory factors and their criteria. According to the Court’s case-law, all evidence against it must be presented in the presence of the accused at a public hearing for the […]

Adverse transfer of judge. Inability to appeal to a court regarding the transfer. Violation of the right of access to court

Article 6 - Par. 1
09/03/2021 19:06

JUDGMENT Bilgen v. Turkey 09.03.2021 (app. no 1571/07) see here SUMMARY Transfer of a judge. Adverse transfers are important for a judge’s career. Absence of judicial control regarding the transfer. Access to court. A senior judge was transferred, without his consent, from the Ankara Regional Administrative Court to another court in a lower judicial district. […]

The voluntary resignation of a suspect from his right to be represented by a lawyer at the interrogation does not constitute a violation of a fair trial

Article 6 - Par. 1
07/03/2021 09:33

JUDGMENT Fariz Ahmadov v. Azerbaijan 14.01.2021 (app. no. 40321/07) see here SUMMARY Resignation of a suspect in the pre-trial from the right of representation by a lawyer. Representation by a lawyer and a fair trial. The applicant was sentenced by an irrevocable decision for drug possession. During the pre-trial period he voluntarily resigned from the […]

Refusal to reconsider a decision for compensation due to death, despite the appearance of new evidence. Violation of a fair trial

Administrative
02/03/2021 11:04

JUDGMENT Trivkanović v. Croatia (no. 2) 21.01.2021 (app. no. 54916/16) see here SUMMARY Refusal to reconsider a decision concerning the applicant’s trial against the State in view of new evidence of the disappearance and death of her two sons and her husband, who had been arrested in 1991 by the police. During the initial trial, […]

The signing of a decision by the President of the Court on behalf of the President who issued the decision and retired after the debate, did not violate the right to a fair trial

Article 6
27/02/2021 19:03

JUDGMENT Iancu v. Romania 23.02.2021 (app. no. 62915/17) see here SUMMARY Signing of a court decision by the President of the Supreme Court on behalf of the President of the court that adjudicated the case and issued the decision, who retired immediately after the hearing. The applicant alleged, in essence, that the signatory judge had […]

The rejection of the defendant’s request for an oral hearing in the second instance proceedings violated her right to a fair trial

Article 6
26/02/2021 09:03

JUDGMENT Mtchedlishvili V. Georgia 25.2.2021 (app. no. 894/12) see here SUMMARY Right to be examined in the second instance proceedings. Rejection of the applicant ‘s request for an oral hearing in the context of the appeal against her conviction for customs offenses. The applicant appealed against the decision before the appellate court. Since the applicant […]

Jury statements to the media during and after the trial. Information regarding the jurors of the case from the internet. Violation of a fair trial due to doubts regarding the impartiality of a court

Article 6
23/02/2021 07:17

JUDGMENT Tikhonov and Khasis v. Russia 16.02.2021 (app. no. 12074/12 and 16442/12) see here SUMMARY In this case the applicants alleged that the court which had found them guilty of the murders of a lawyer and a journalist (killed in Moscow in 2009) had not been impartial. They based their allegations, among other things, on […]

Dissolution of a sports association due to a court decision by a court of disputed impartiality. Determination of lack of court impartiality and violation of the right to associate

Article 11
18/02/2021 10:27

JUDGMENT Croatian Golf Federation v. Croatia 17.12.2020 (app. no. 66994/14) see here SUMMARY Freedom of association and legal protection of the right. Right to a fair trial by an impartial tribunal. The applicant sports association was declared bankrupt due to debts. The liquidator proposed a reorganization plan that was ratified by the bankruptcy court. Nevertheless, […]

Article 6 – Par. 1