Article 6 – Par. 1

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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The written observations of courts and parties must be communicated to the party that concerns him, even if they did not cause him any damage!

JUDGMENT JANÁČEK v. THE CZECH REPUBLIC 02.02.2023 (app. no. 9634/17) see here  SUMMARY Constitutional Court’s failure to communicate written observations of the general courts resulting in applicant’s inability to comment on them. On 17 December 2013 the Zlín District Court ruled on the division of the matrimonial property of the applicant and his former wife. […]

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Police entrapment of drug suspect. Violation of fair trial

JUDGMENT JEVTIC v. AUSTRIA 24.01.2023 (app. no. 54664/16) see here SUMMARY Police entrapment of the defendant and fair trial. On 30 October 2015 the Vienna Regional Criminal Court convicted the applicant of drug offences. It found that he had been unlawfully incited to commit the offences by a police informant whose actions could be attributed to […]

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Proceedings before civil courts lasted more than 9 years. Violation of reasonable length of the proceedings

JUDGMENT Bertagna v. Italy 12.01.2023 (app. no. 20308/03) see here SUMMARY Relying on Article 6 par. 1 of the Convention, the applicant complained that the length of the civil proceedings had been incompatible with the “reasonable time” requirement.  The national courts applying the “Pinto” law found no violation of the reasonable duration of the trial […]

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δικηγόρος

The process of rehiring public servants who had been dismissed lasted 6 years! Violation of reasonable length of the proceedings

JUDGMENT Kuznetsov and others v. Ukraine 12.01.2023 (app. nos. 9988/16, 41238/16 and 44703/19) see here SUMMARY Dismissal of the applicants and duration of the re-employment procedure, in accordance with Article 6 § 1 and Article 8 of the Convention. The applicants were civil servants who had been dismissed from their posts in the civil service […]

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Refusal of the Greek parliament to lift the immunity of a minister for criminal prosecution for defamation of a well-known member of parliament. Violation of right of access to court

JUDGMENT Bakoyanni v. Greece (application no. 31012/19) 20.12.2022  see here SUMMARY The case concerned Ms Bakoyanni’s complaint that in 2018 she had not been able to follow through with a criminal complaint against the then Minister of Defence for defamation because the Greek Parliament had refused to lift his immunity. She lodged a complaint against […]

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Expert bias due to his professional relationship he had with the opposing party. The denial of the request to exempt his report violated the equality of arms

JUDGMENT Test-Achats v. Belgium 13.12.2022 (app. no. 77039/12) see here SUMMARY In this case, the applicant association, Test-Achats, challenged the neutrality of the expert who had been appointed by the Brussels Court of Appeal in the context of a civil action brought by it against an insurance company, in which Test-Achats sought the cessation of […]

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