Article 6 – Par. 1

Is the Court impartial when the father who is a Supreme Court judge examines a case where his son participated as a Prosecutor?

JUDGMENT Dainelienė v. Lithuania 16.10.2018 (no. 23532/14) see here   SUMMARY The Court found in particular that the Supreme Court’s impartiality had been compromised because the son of the judge presiding over the panel which had decided not to examine the applicant’s appeal on points of law had been the prosecutor in earlier embezzlement proceedings against […]

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δικηγόρος

Sarkozy as President of the Republic and his representation as a civilian party against a citizen. Were the judges affected by his status?

JUDGMENT Τhiam v. France  18.10.2018 (no. 80018/12)  see here  SUMMARY Participation of former President of the Republic of France Nicolas Sarkozy as a civilian party in a criminal trial against a citizen. Complaints by the applicant alleging breach of the principle of equality of arms and lack of impartiality of the court due to the […]

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The rejection of an appeal on the ground that a non-identical copy of the appeal was submitted before the court violated the right of access to a Court.

JUDGMENT Parol v. Poland  11.10.2018 (no. 65379/13) see here SUMMARY Rejection of an appeal and right of access to a court. The applicant’s appeal is inadmissible on the ground that the copy of the appeal lodged before the competent court was not identical to the original. The Court held that the applicant had exercised due […]

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The petition of a criminal court that a minor witness has committed the offense without being an accused can not produce a res judicata in a civil case and base its decision on that.

JUDGMENT Kožemiakina v. Lithuania 02.10.2018 (no. 231/15)  see here SUMMARY The civil court convicted the applicant of compensation for acts of her minor child, found on the basis of petitions in criminal proceedings in which her son was merely a witness and did not have the status of a party, nor of the accused. The […]

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ντόπιγκ

The procedures followed by the Court of Arbitration for Sport complied with the right to a fair hearing, apart from the refusal to hold a public hearing

JUDGMENT Mutu and Pechstein v. Switzerland 02.10.2018 (no.  40575/10 and 67474/10) see here SUMMARY The case concerned the lawfulness of proceedings brought by professional athletes before the CAS. The Court found that the CAS arbitration proceedings to which the applicants had been parties were required to offer all the safeguards of a fair hearing, and […]

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UK mass interception and surveillance in the light of the ECHR

JUDGMENT  Big Brother Watch and others v. The United Kingdom 13.09.2018 (no. 58170/13, 62322/14 and 24960/15) see here   SUMMARY Complaints by journalists and human rights organizations regarding the massive monitoring of their communications, the exchange of information with foreign governments and the acquisition of communications data by communications service providers. Inadequate supervision of the choice […]

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στρατιώτης

Lack of impartiality of a court where military officers participated in its bench in a appeal against the army

JUDGMENT  Kasat v. Turkey 11.09.2018  (no.  61541/09) see here SUMMARY Medical health issue during military service and lack of impartiality on the part of the Supreme Military Administrative Court, which dismissed an action for damages against the army. No violation of the right to privacy due to adequate medical examination of the applicant by the […]

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Criminal conviction based on written testimonies abroad. Inability of the accused to examine the witnesses in the audience.

JUDGMENT  Dadayan v. Armenia 6.09.2018 (no. 14078/12) see here  SUMMARY The case concerned criminal proceedings brought against an Armenian national, Garik Dadayan, for aiding and abetting the smuggling of enriched uranium into Georgia. The two smugglers were prosecuted and convicted in Georgia, while Mr Dadayan was prosecuted and convicted in Armenia, essentially on the basis […]

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δίκαιη δίκη

The refusal of a basic witness to be examined in the audience for non-self-incrimination and the right of the accused to be examined

JUDGMENT  Cabral v. The Netherlands 28.08.2018 (no. 37617/10) see here   SUMMARY Robbery in a supermarket. Unique evidence regarding the guilt of the plaintiff – the accused – the testimony – of his accomplice to the police, which was revoked by the witness in the court of first instance. Appearance of the witness at the Court […]

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ECHRCaseLaw
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