Article 6 – Par. 1

Different judicial treatment in awarding benefits between judges and judicial officers. The different and unjustified treatment violated the ECHR

JUDGMENT Pinkas and others v. Bosnia and Herzegovina  04.10.2022 (app. no. 8701/21 ) see here SUMMARY The applicants, a group of 51 judicial clerks at the State Court, brought a joint civil action with judges from the same court, seeking payment of meal, travel and family separation allowances from 2009 onwards, on the basis of […]

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Removal of attorneys from trial for misconduct. Non-infringement of due process and privacy

JUDGMENT Angerjärv and Greinoman v. Estonia 04.10.2022 (app. no. 16358/18 and 34964/18) see here SUMMARY The applicants, Mart Angerjärv and Maksim Greinoman, are Estonian nationals who were born in 1980 and 1979 and live in Viimsi and Tallinn respectively. They are both lawyers. The case concerns the applicants’ attempts to challenge their removal from civil-court […]

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One of the judges who was appointed to hear the case of the applicant was appointed in violation of the law! Violation of due process

JUDGMENT Besnik Cani v. Albania 04.10.2022 (app. no. 37474/20) see here SUMMARY The case concerned a former prosecutor who was dismissed in 2020 as part of an exceptional process for the re-evaluation of all serving judges and prosecutors – known as vetting proceedings – following a reform of the justice system in Albania, and his […]

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Demolition of a house despite the existence of a decision of interim measures which ordered a suspension of the demolition! Violation of the due process

JUDGMENT Mehmet Taner Şentürk v. Turkey 20.09.2022 (app. no. 51470/15) see here SUMMARY The appellant had erected an arbitrary building on public property. A demolition order was issued. With a decision on interim measures, the execution of the decision was ordered to be suspended, but the competent bodies of the municipality proceeded with the demolition […]

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Criminal conviction based on confession given at the pre trial hearing without notice of the suspect’s rights. Violation of due process

JUDGMENT Merahi and Delahaye v. France 20.09.2022 ( app. no. 38288/15) see here SUMMARY Fair trial guarantees. The suspect’s right to be informed in the pre-trial procedures to remain silent and to be represented by a lawyer. On the basis of the confession of the first applicant given at the preliminary investigation stage, the applicants […]

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No legal standing of a private bank in legal proceedings and its inability to challenge the revocation of its license. Violation of fair trial and right to property

JUDGMENT Korporativna Targovska Banka AD v. Bulgaria 30.08.2022 (app. no. 46564/15 and 68140/16) see here SUMMARY The case concerned the withdrawal of the applicant bank’s licence by the Bulgarian National Bank and the resulting court proceedings in which it was ordered that it be wound up. In finding violations, the Court held, in particular, that: […]

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Dismissal of appeal on points of law from the supreme court without answering the grounds of appeal with sufficient reasons. Violation of due process

JUDGMENT Rusishvili v. Georgia 30.06.2022 ( app. no. 15269/13) see here SUMMARY  Fair trial. Representation by a lawyer of the defendant’s choice, examination of witnesses, reasons for the decision. The applicant was sentenced to 18 years’ imprisonment for first-degree murder and possession of firearms. He appealed for a violation of the fair trial claiming that: […]

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Conviction for resisting police officers. Courts gave more weight to the police officers testimony and less weight to defense witnesses. Violation of due process

JUDGMENT Boutaffala v. Belgium 28.06.2022 (app. no. 20762/19) see here SUMMARY Prosecution and defense witnesses. Evaluation of witness statements by the criminal courts. Burden of proof. The applicant, Khaled Boutaffala, is a Belgian national, born in 1976 and lives in Brussels. The case concerns the applicant’s criminal conviction by the Belgian courts for resisting the […]

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Referral to trial of the accused by the investigator’s decision. No violation of the due process in the pre-trial procedure

JUDGMENT Alexandru–Radu Luca v. Romania 14.06.2022  (app. no. 20837/18) see here SUMMARY Pre-trial, arraignment of the accused and fair trial. The applicant complained of a violation of the fair trial when he was referred to the audience after a preliminary investigation by decision of the investigating officer. In particular, he claimed that he did not […]

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