Article 6 - Par. 1 Archives - Page 24 of 41

Electronic files with millions of data in a criminal trial and fair trial. Sufficient access to information and preparation time for the defendant’s lawyer.

Article 6 - Par. 1
26/07/2019 18:21

JUDGMENT Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]

Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

Article 6 - Par. 1
07/07/2019 06:50

JUDGMENT Chiarello v. Germany 20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

Article 2
03/07/2019 12:09

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here SUMMARY Road traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed heavily into the back of his car shunting it, into the back of a parked military lorry. He suffered serious injuries and […]

Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

Administrative
23/06/2019 08:11

JUDGMENT Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here SUMMARY Violation of the fair trial by the administrative courts. Reasoning of court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

Article 6 - Par. 1
22/06/2019 16:14

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15) see here SUMMARY Impartiality ofJudge and fair trial. Not examination of witness that was not essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

The Fillipino, the Consul and the disciplinary conviction. Failure to take account of all evidence by the Board of Directors renders the trial unfair.

Article 6 - Par. 1
21/06/2019 18:43

JUDGMENT Loupas v. Greece 20-06-2019 (application no. 21268/16) see here SUMMARY Six months suspension of the General Consul in Geneva for not paying overtime to a Filipino national working in her residence. The Greek State provided evidence before the Swiss courts to prove that the Philippines was not a personal employee of the Consul, but […]

Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

7th P - Article 1
18/06/2019 12:05

JUDGMENT Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here SUMMARY Extradition of five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

The refusal to appoint a teacher who was successful in a competition because of personal life issues and not because of professional incompetence, violated his right to privacy.

Article 6 - Par. 1
10/06/2019 18:57

JUDGMENT Yilmaz v. Turkey 04.06.2019 ( no. 36607/06) see here SUMMARY Unjustified interference with personal life. Refusal to appoint a teacher. The applicant, who came second to a teaching post abroad, was not appointed because of his personal life revealed by security investigation, in particular because he practiced gender segregation and his wife’s dress code (veil). […]

The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

Article 6 - Par. 1
09/06/2019 12:03

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

Article 6 - Par. 1
05/06/2019 18:47

JUDGMENT Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

Article 6 – Par. 1