Article 6 – Par. 1

Criminal proceedings which lasted for 11 years in only one level of jurisdiction! Violation of reasonable time of the proceedings

JUDGMENT KLEIN v. SLOVAKIA 30.03.2023 (app. no. 45844/21) see here SUMMARY Excessive length of criminal proceedings in one level of jurisdiction. The criminal proceedings started on 3 November 2011, when charges were brought against him. The proceedings are still pending before the first‑instance court. The applicant lodged a constitutional complaint on 14 May 2021, complaining […]

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Excessive length of proceedings regarding contact arrangements between father and his child. Conviction by the ECHR

JUDGMENT OMELCHENKO v. UKRAINE 23.03.2023 (app. no. 44158/19) see here SUMMARY Excessive length of proceedings regarding contact arrangements between the applicants and the second applicant’s travel abroad, and the alleged absence of an effective remedy in this regard. The applicants are father and son. On 4 November 2013 the first applicant initiated proceedings against O., […]

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δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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Court of Cassation’s failure to examine, without giving reasons, applicant’s request to seek a preliminary ruling from the Court of Justice of the European Union! Violation of article 6 § 1

JUDGMENT GEORGIOU v. GREECE 14.03.2023 (app. no. 57378/18) see here SUMMARY Request to the Greek Court of Cassation to seek a preliminary ruling from the Court of Justice of the European Union (CJEU) which was made by the applicant in the context of criminal proceedings against him, and the alleged absence of any reasoning by […]

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Non-refundable stamp duty for judicial distribution of real estate.

JUDGMENT STOENESCU v. ROMANIA 28.02.2023 (app. no. 14166/19) see here SUMMARY Domestic courts’ dismissal of applicant’s claim for reimbursement of and/or exemption from further payment of court fees in respect of action dismissed before trial after out-of-court settlement. On 9 April 2012 the applicant and M.S. divorced, after several years of marriage. The applicant brought […]

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The acceptance of statements obtained by police mistreatment as evidence renders the process unfair, regardless of whether their use was decisive for the conviction of the accused!

JUDGMENT TRACHUK v. UKRAINE 02.03.2023 (app. no. 24413/13) see here SUMMARY The case concerns allegations, under Article 3 and Article 6 § 1 of the Convention, that the applicant was ill-treated by officers of the Kramatorsk police, that her relevant complaint was not properly investigated and that her testimony given as a result of the ill-treatment was used […]

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Dismissal of an appeal on points of law against an acquittal judgment because it was not brought within 30 days from the date of the delivery of the judgment but from the date of its registration. Violation of the right of access to a court

JUDGMENT KARANTALIS v. GREECE 31.01.2023 (app. no. 67398/14) see here SUMMARY Dismissal by the Court of Cassation of an appeal on points of law lodged by the public prosecutor at the applicant’s request against an acquittal judgment delivered in criminal proceedings in which the applicant had participated as a civil party. A criminal complaint was […]

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Criminal proceedings lasted 9 years at one level of jurisdiction! Violation of reasonable length of the proceedings

JUDGMENT ADAMČO v. SLOVAKIA 09.02.2023 (app. no. 25436/21) see here SUMMARY The applicant, a Slovak national, was indicted for murder before the District Court. Following the applicant’s appeal against the District Court’s decision, the case was remitted back to the District Court. In 2018 the applicant lodged a constitutional complaint about the length of the […]

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Unjustified conviction based on a police officer’s testimony ignoring other eyewitnesses! Violation of fair trial

JUDGMENT MAJIDLI v. AZERBAIJAN 16.02.2023 (app. no. 7218/13) see here  SUMMARY Criminal conviction of the applicant for active participation in actions causing a breach of public order following his participation in an unauthorised peaceful demonstration. The applicant had participated in the demonstration, which had been intended to be peaceful and had been conducted in a […]

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