Article 6 – Par. 1

απαλλοτρίωση

Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.

JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]

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Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

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A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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The non-disclosure of prosecutorial proposals and the procedure in the appellate court in the absence of the accused violated the fair trial.

JUDGMENT Romić and others v. Croatia 14.05.2020  (no. 22238/13, 30334/13, 38246/13, 57701/13, 62634/14, 52172/15 and 17642/15) see here   SUMMARY  Notification of prosecutorial proposals. Equality of arms and litigation. The applicants were charged with serious misconduct and attempted murder. They were irrevocably convicted. At the trial, they did not have access to the prosecutor’s proposals submitted […]

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απαλλοτρίωση

The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here   SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them,  they […]

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The sentencing decision, which was based not only on the testimony of a minor witness but also on other evidence, did not violate the overall legal nature of the criminal proceedings.

JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]

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Insufficient justification of court decisions and failure to respond to the parties’ allegations violated the fair trial

JUDGMENT Mazahir Jafarov v. Azerbaijan 02.04.2020 (no. 39331/09) see here SUMMARY Right to be heard. Rejection of the courts to return the use of the applicant’s apartment to him by removing it from his ex-wife and children, in exchange for the payment of compensation on his behalf.  Insufficient justification for domestic court decisions. According to […]

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The award of excessive amounts for a court stamp and fees violated the right to access to court! The court fees should be according to the ability of the party to pay them!

JUDGMENT Chorbadzhiyski and Krasteva v. Bulgaria 02.04.2020 (app. no.  8938/07 and 41891/07) see here SUMMARY The case concerned the death of the applicants’ relatives during a police operation to quell a riot in a prison where they were being held. The Court first of all found various failings in the authorities’ investigation into the circumstances […]

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Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

JUDGMENT Nikoloudakis v. Greece  26.3.2020 ( no. 35322/12) see here  SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

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Journalist’s condemnation for gloryfying violence and the kidnappers did not violated the freedom of expression

JUDGMENT Altıntaş v. Turkey 10.03.2020 (no.  50495/08) see here  SUMMARY The case concerned a judicial fine imposed on Mr Altıntaş for an article published in 2007 in his periodical Tokat Demokrat, describing the perpetrators of the “Kızıldere events”, among others as “idols of the youth”. The events in question took place in March 1972, when […]

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