Article 6 - Par. 1 Archives - Page 18 of 41

The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

Article 6 - Par. 1
18/09/2020 18:17

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

Failure to exercise a national effective remedy for breach of reasonable time in civil proceedings. The application is inadmissible

Article 6 - Par. 1
12/09/2020 09:34

JUDGMENT Guravska v. Latvia 10.09.2020 (αριθ. 41553/18) see here SUMMARY Reasonable duration of civil proceedings in a civil property dispute. Effective national remedy. The ECtHR found that the applicant had access to a statutory effective remedy in relation to her complaint about the unreasonable length of the civil proceedings, in the form of a constitutional […]

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

Article 6 - Par. 1
10/09/2020 07:36

JUDGMENT Pervane v. Turkey 08.09.2020 (app. no. 74553/11) see here SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

1st P - Article 1
05/07/2020 07:00

JUDGMENT Covalenco v. the Republic of Moldova 16.06.2020 (no. 72164/14) see here SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

Article 3
04/07/2020 10:39

JUDGMENT George-Laviniu Ghiurău v. Romani 16.06.2020 (no. 15549/16) see here SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

Administrative
02/07/2020 08:55

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no. 58512/16) see here SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

1st P - Article 1
27/06/2020 14:43

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no. 69019/11) see here SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

Personal hearing of an applicant consists the basis of a fair trial. The Court does not justify the ban even regarding an individual who seduced a mentally retarded woman

Article 6 - Par. 1
26/06/2020 18:46

JUDGMENT Evers v. Germany 28.05.2020 (no. 17895/14) see here SUMMARY Personal hearing of an applicant, access to a case file, reason for a decision and a fair trial. The applicant was charged with sexual abuse of his ancestor, who was diagnosed with mental retardation. The domestic courts, following legal proceedings initiated by the commissioner, prohibited […]

Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

Article 13
20/06/2020 08:06

JUDGMENT Kaman v, Turkey 04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

Commencement of the statute of limitations for civil claims for killings in a military operation due to their widespread disclosure to the media. Violation of the right of access to a court

Article 2
14/06/2020 08:02

JUDGMENT Vujnović v. Croatia (no. 32349/16) see here SUMMARY The case essentially concerned the civil proceedings for damages following the death of the applicant’s parents during a military operation by the Croatian army in 1993. The applicant’s claim was ultimately dismissed as statute-barred. The applicant argued that the Supreme Court had been inconsistent when deciding […]

Article 6 – Par. 1