Article 6 - Par. 1 Archives - Page 27 of 41

The incorrect assessment of evidence of a drug convicted violated the fair trial

Article 6 - Par. 1
19/03/2019 10:34

JUDGMENT Kobiashvili v. Georgia 14.03.2019 (no. 36416/06) see here SUMMARY Drug conviction. The manner in which the basic evidence against the applicant was gathered calls into question the credibility and accuracy of the evidence. Procedural irregularities in the applicant’s personal investigation, inconsistent and contradictory evidence of the actual circumstances of the investigation, inadequate judicial control […]

Unfair establishment of a Court of Appeal due to an illegal appointment of a judge. Infringement of Article 6 of the ECHR

Administrative
17/03/2019 18:44

JUDGMENT Guðmundur Andri Ástráðsson v. Iceland 12.03.2019 (no. 26374/18), see here SUMMARY The case concerned the applicant’s allegation that the new Icelandic Court of Appeal (Landsréttur) was not established by law. The Court found in particular that the process by which a judge was appointed to the Court of Appeal had amounted to a flagrant […]

The refusal of the courts to display the recorded video of the fight between the parties, violated the right of the accused to a fair trial

Article 6
09/03/2019 17:20

JUDGMENT Abdullayev v. Azerbaijan 07-03-2019 (no. 6005/08) see here SUMMARY The refusal of the courts to examine the video evidence. Prosecution and conviction of a former Parliament Member due to his fight with another Member during the parliamentary assembly. The Court found that the refusal of the national courts to examine the video evidence without […]

Cartels of construction companies, unfair competition and evidentiary process. The principle of a fair trial in the whole process

Article 6 - Par. 1
16/02/2019 11:51

JUDGMENT SA-Capital Oy v. Finland 14.02.2019 (no. 5556/10) see here SUMMARY The case concerned the applicant company’s complaint that Finland’s Supreme Administrative Court had relied on hearsay evidence about its role in an asphalt cartel and had increased a fine on it. The Court found that the Supreme Administrative Court, which had been dealing with […]

Non-execution of a civil judgment within a reasonable time violates court access and the right to respect property

1st P - Article 1
14/02/2019 16:28

JUDGMENT Cristea v. Republic of Moldova 13.02.2019 (no. 35098/12) see here SUMMARY Non-execution of irrevocable court order for 11 years and fair trial. The applicant’s complaint that the final court order obliging the State to give him housing is pending for 11 years and has not been executed to date. No effective domestic remedy to […]

The passive and ineffective attitude of a lawyer appointed to a case of involuntary incarceration of a patient in a psychiatric hospital does not fulfill the procedural guarantees under Article 5 of the ECHR

Article 5
11/01/2019 16:49

JUDGMENT Čutura v. Croatia 10.01.2019 (no.55942/15) see here SUMMARY The case concerned a court order to keep the applicant in a psychiatric hospital where he had been placed after it had been found in the criminal proceedings that he had uttered threats in a state of mental derangement. The Court found in particular that the […]

The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

Administrative
07/01/2019 09:17

JUDGMENT Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here SUMMARY Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

Strasbourg Criteria regarding the request of an accused to examine witness

Article 6
31/12/2018 14:54

GRAND CHAMBER JUDGMENT Murtazaliyeva v. Russia 18.12.2018 (no. 36658/05) see here SUMMARY The case concerned the applicant’s being found guilty of terrorism charges and her complaint that the trial had not been fair because she had not been able properly to view a police video surveillance tape in court and that the courts had refused […]

The excessive formalism of a court in interpreting a time-limit prevented the accused from gaining access to a court

Article 6
15/12/2018 16:47

JUDGMENT Witkowski v. Poland 13.12.2018 no. 21497/14) see here SUMMARY Request for reasons to be given for a judgment. The Code of Criminal Procedure provided that in order to provide a statement of reasons in the criminal court judgment, the party must make a request within 7 days of its issue. The applicant filed this request […]

The authorities’ complete and prolonged failure to act following the occupation of a building by housing activists, without any legal title, breached the Convention

1st P - Article 1
13/12/2018 20:51

JUDGMENT Casa di Cura Valle Fiorita S.r.l. v. Italy 13.12.2018 (no. 67944/13) see here SUMMARY The case concerned the applicant company being unable to recover possession of a building in Rome that had been occupied since 2012, without any legal title, by a group of housing activists (movimento lotta per la casa). A final and enforceable judicial […]

Article 6 – Par. 1