Article 6 - Par. 1 Archives - Page 28 of 41

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 […]

Polish man who was given custodial penalty for protesting during a trial of communist-era generals suffered rights violations

Article 10
06/12/2018 19:21

JUDGMENT Słomka v. Russia 6.12.2018 (no. 68924/12) see here SUMMARY The case concerned the applicant’s 14-day custodial sentence for contempt of court after shouting slogans during the trial of communist-era generals who ordered martial law in the 1980s. The Court held that the applicant’s actions had aimed at criticising the judiciary and a perceived lack […]

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

Article 6
03/12/2018 09:40

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

The barring of the offence regarding the participation in a terrorist organization of a teacher. The national court violated his presumption of innocence by referring to a later trial that he was a member of the terrorist organization. The adventure of a CV.

Article 6
30/11/2018 09:02

JUDGMENT Urat v. Turkey 27.11.2018 (no. 53561/09 and 13952/11) see here SUMMARY Presumption of innocence and disciplinary proceedings. Disciplinary dismissal of teachers for involvement in the Hizbollah terrorist organization despite the fact that they have never been convicted of the offense. The verbal formula used by the courts must not identify criminal liability for the […]

Canceling access to a court due to continuous postponements. The condemnation of the Court and how the Greek court has decided that there is no longer any reason to examine the case because of the postponements it has given itself!

Administrative
19/11/2018 09:36

JUDGMENT Frezadou v. Greece 8.11.2018 (no. 2683/12) see here SUMMARY Application for the annulment of a nursery teacher before the Athens Administrative Court of Appeal. Termination of the trial without a decision. Right of access to a court. The applicant, a nursery teacher had applied for the position of educational coordinator abroad . She was […]

Chinese student’s murder conviction on the basis of contradictory witness statements violated his right to a fair trial

Article 6
14/11/2018 07:38

JUDGMENT Zhang v. Ukraine 13.11.2018 (no. 6970/15) see here SUMMARY The case concerned the applicant’s conviction for murder. The Court found in particular that the applicant had been convicted on the basis of contradictory and inconsistent prosecution witness testimony, a reason the case had earlier been remitted several times for further investigation. The courts had […]

The Court requires sufficient justification for the allegations of the accused concerning the accusation and the evaluation of the witnesses. The reasoning is an important aspect of the fair trial

Article 6
13/11/2018 07:44

JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here SUMMARY Reasoning of a court’s decision and fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]

Nursing homes. Can they be characterised as the personal residence of the residents?Can they be exempted from social-security contributions ? The answers of Strasbourg

Article 6
10/11/2018 18:58

JUDGMENT Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]

Court’s rejection of compensation claim on unsupported time-limit grounds violated the right to a fair trial

Article 6
05/11/2018 16:40

JUDGMENT Kurşun v. Turkey 30.10.2018 (no. 22677/10) see here SUMMARY The case concerned the applicant’s claims for compensation following an oil explosion which damaged his property. He alleged that the State, in its handling of the situation, had failed to give him a fair trial and had violated his right to property. The Court found in […]

Undercovered police officers are presented as drug dealers aiming at arresting the actual perpetrators. Is an unlawful secret police operation compatible with the European Convention on Human Rights in order to verify the offense of drug trafficking?

Article 6
01/11/2018 11:06

JUDGMENT Guerni v. Belgium 23.10.2018 (no. 19291/07) see here SUMMARY The case concerned criminal proceedings under which Mr Guerni had been convicted of drug trafficking. In the framework of their investigations, the police had been authorised to call on the services of an informer and an undercover agent posing as a purchaser. The Court found […]

Article 6 – Par. 1