Article 6 – Par. 1

Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

JUDGMENT  Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

read more

Report by the parliamentary commission regarding the President of the National Broadcasting Corporation. The opinion expressed does not amount to a criminal conviction and neither the presumption of innocence nor his private life were violated

JUDGMENT Kwiatkowski v. Poland 16.05.2019 (no. 58996/11)  see here SUMMARY Publication of a report by the Polish Parliament on allegations of corruption in the amendment of the Broadcasting Act. The applicant’s complaint that the report hurt his reputation and constituted a criminal conviction without himself having access to an effective remedy. The Court found that […]

read more

The deprivation of the applicant’s right to attend a hearing has violated his right to equality of arms and the right to be heard

JUDGMENT Prebil v. Slovenia 19.03.2019 (no. 29278/16) see here SUMMARY Deprivation of of membership of a company member by the Board of Directors and dismissal  without notice and in absentia. Ratification of a judgment by national courts. Refusal of the Courts for the applicant’s participation in the hearing. The European Court of Human Rights held that the […]

read more

First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

read more

Rejection of the appeal due to failure to file a second copy of the appeal does not infringe the fair trial since the party was repeatedly informed of this obligation

JUDGMENT  Kunert v. Poland 04.04.2019 (no. 8981/14) see here SUMMARY  Access to court. Dismissal of the applicant’s appeal for failure to file a second copy with the Registry of the Court. According to the European Court of Human Rights, the disputed claim does not appear to be a disproportionate obstacle to the very substance of […]

read more
φυλακές

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

JUDGMENT  Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

read more

Contradicted decisions of the Court of Cassation on limitation. The non-harmonization of the case law of the Chambers violates the right to a fair trial

JUDGMENT  Aksis and others v. Turkey 30.04.2019 (no. 4529/06) see here SUMMARY Contrary  jurisprudence of the Chambers of the Court of Cassation. Compensation claims against a contractor due to an earthquake in Turkey. Diversification of limitation periods according to the legal assessment of the facts. Contrary case law of the Political Chambers of the Court […]

read more
φυλακές

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

JUDGMENT  Mityanin and Leonov v. Russia  07.05.2019  (no. 11436/06 and 22912/06) see here SUMMARY  Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was  described as guilty. The European Court of […]

read more

National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

JUDGMENT Repcevirag Szövetkezet  v. Hungary  30.04.2019 (no. 70750/14)  see here   SUMMARY  National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

read more

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned  the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

read more
ECHRCaseLaw
Close Popup

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Close Popup
Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

Google Analytics
We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Απορρίψη όλων των υπηρεσιών
Save
Δέχομαι όλες τις υπηρεσίες