Article 6 – Par. 1

δίκαιη δίκη

Admission of evidence from absent and anonymous witnesses

JUDGMENT Bátěk and Others v. the Czech Republic (no. 54146/09) 12.01.2017 see here SUMMARY The applicants, customs officials, were convicted for abuse of powers and for acceptance of bribes. The case concerned the admission of evidence in their trial by anonymous witnesses and witnesses who were absent. The secret police agent used by the authorities […]

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The presumption of innocence and fair trial through media coverage

JUDGMENT Paulikas v. Lithuania (application no. 57435/09) see here SUMMARY Fair trial and presumption of innocence. Extensive event coverage by the media before the trial of the case. The case concerned the criminal trial and conviction of Mr Paulikas, in relation to a car accident in which his vehicle had killed three ten-year-old children. Mr […]

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Inability to make informed choice of lawyer undermined rights of the defence and fairness of proceedings as a whole

JUDGMENT Dvorski v. Croatia 20.10.15 (no.  25703/11) see here SUMMARY: The case concerned the refusal by the police to allow a lawyer hired by the applicant’s parents to represent him while he was being questioned at a police station on suspicion of multiple murder, armed robbery and arson. The applicant confessed to the offences after […]

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Croatian authorities failed to promptly investigate allegations of child abuse by a father or to hear the child’s view either in the criminal or custody proceedings

JUDGMENT Μ. and Μ. v. Croatia 03.09.2015 (no. 10161/13) see here SUMMARY: The case M. and M. v. Croatia (application no. 10161/13) concerned a custody dispute, including allegations of child abuse by the father. The applicants, a mother and her daughter, complained in particular that the national authorities had failed to remove the child from […]

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Absence of assigned counsel: Court of Cassation failed to ensure practical and effective respect for defence rights

JUDGMENT Vamvakas v. Greece 09.04.2015 (no. 2870/11) see here SUMMARY: The case concerned the unexplained absence of the applicant’s assigned counsel from a Court of Cassation hearing in the criminal proceedings against him. The Court found that the Court of Cassation had failed to ensure practical and effective respect for Mr Vamvakas’ defence rights. When […]

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The presence of a lawyer guarantor of the fair trial

JUDGMENT: A.T v. Luxembourg 09.04.2015 (no. 30460/13) see here SUMMARY: The case concerned the failure to provide A.T. with effective legal assistance after he was arrested under a European Arrest Warrant, during both the police interview and his first appearance before the investigating judge. The Court found in particular that, as regards the police interview, […]

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Sentences imposed by the administrative courts in spite of acquittals in criminal proceedings: violations of the Convention

JUDGMENT: Kapetanios and others v. Greece 30.04.2015 (nos. 3453/12, 42941/12, 9028/13) see here   SUMMARY: The case concerned the imposition of administrative fines on individuals accused of contraband who had been acquitted of a criminal offence. The Court found in particular that the fact of ordering the three applicants to pay administrative fines, even though they […]

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Following conviction of war crimes in his absence, defendant should have had a real possibility of a rehearing of his case

JUDGMENT: Sanader v. Croatia 12.02.2015 (no. 66408/12) see here SUMMARY  The case essentially concerned the complaint by a man convicted in his absence of war crimes – committed in 1991 as a participant in Serb paramilitary forces – that he was unable to obtain a rehearing of his case. The Court found that the possibilities […]

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Use of anonymous witness testimony without measures to compensate for the handicaps caused to the defence by the lack of a direct confrontation with the witness

JUDGMENT: Balta and Demir v. Turkey 23.06.2105 (no. 48628/12) see here SUMMARY: The case concerned the applicants’ conviction for membership of an illegal organisation, on the basis of statements by an anonymous witness whom the applicants were unable to question at any stage of the proceedings. The Court observed that the applicants and their lawyers […]

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