Article 6 - Par. 1 Archives - Page 9 of 41

The payment if costs incurred by the State are a disproportionate burden on the applicants. Violation of the right to respect for property

1st P - Article 1
29/04/2022 18:40

JUDGMENT Bursać and others v. Croatia 28.04.2022 (app. no. 78836/16) see here SUMMARY The applicants, Bosiljka Bursać, Đuka Damjanović, Nena Damjanović, Danica Dubajić and Milica Vasiljević, are Croatian nationals born between 1940 and 1953 and live in Apatin, Gračac, Srb and Zagreb. In 1995 the applicants’ father was killed by Croatian soldiers during the battle […]

Defence rights of persons being interviewed voluntarily: the European Court requires observance of the safeguards applicable to police custody

Article 6 - Par. 1
28/04/2022 19:19

JUDGMENT Wang v. France (app. no. 83700/17) and Dubois v. France 28.04.2022 (app. no. 52833/19) see here SUMMARY Both cases concerned individuals prosecuted and convicted for unlawfully practising medicine. They complained of the conditions in which their voluntary police interviews had been conducted. While noting the fact that legislative reforms substantially strengthening the rights of […]

Rejection of requests of the accused for fingerprints, for checking the reliability of the evidence and his claim for a fabricated accusation! Violation of a fair trial

Article 6 - Par. 1
20/04/2022 06:54

JUDGMENT Fatullayev v. Azerbaijan 07.04.2022 (no. 2) (app. no. 32734/11) see here SUMMARY Defendant’s defense. Verification of evidence. Claim for constructed category. Request for fingerprints. Fair trial. Obstruction of the right to an effective remedy. The applicant, who was a journalist, was convicted of drug possession in prison. He asserted that his confession had been […]

Interception of suspect phone calls and interrogation without notifying him that he was a suspect and without representation by a lawyer. Violation of a fair trial

Article 6 - Par. 1
02/04/2022 20:01

JUDGMENT Bjarki H. Diego v. Island 15.03.2022 (app. no. 30965/17) see here SUMMARY The case concerned the trial of Mr Diego – a former Kaupþing bank official – for fraud by abuse of position following the 2008 financial crisis. He had been questioned without being informed of his status as a suspect. Details of one […]

Restrictions on access to a lawyer in the initial stages of criminal proceedings in breach of the applicant’s right to a fair trial

Article 6 - Par. 1
20/03/2022 13:18

JUDGMENT Tonkov v. Belgium 08.03.2022 (app. no. 41115/14) see here SUMMARY In this case, Mr Tonkov complained that he had been deprived of his right of access to a lawyer in the initial stages of the judicial investigation against him, and in particular during his police custody and during the hearings, interviews and other investigative […]

20 months prison sentence for protesting in court. Violation of the right to freedom of assembly

Article 10
19/03/2022 18:47

JUDGMENT Ekrem Can and others v. Turkey 08.03.2022 (app. no. 10613/10) see here SUMMARY The case concerned the applicants’ convictions for having staged a protest in a courthouse, during which they chanted slogans, displayed a banner, threw leaflets around, and locked themselves in one of its corridors, thereby leading to the cancellation of some of […]

Property confiscation of a businessman and former politician resulting from criminal acts. Non-violation of the ECHR

1st P - Article 1
17/03/2022 21:13

JUDGMENT Voiculescu v. Romania (app. no. 493/15) and Camelia Rodica Voiculescu v. Romania and 3 other applications (app. no. 502/15) 17.03.2022 SUMMARY The plaintiff in the first case, Dan Voiculescu, is a Romanian national. The applicants in the second case are two Romanian nationals and two Romanian companies. The first applicant is the father of […]

Early termination of a judge’s term of office as a member of the National Council and inability to exercise judicial control. Violation of a fair trial

Article 6 - Par. 1
16/03/2022 20:07

JUDGMENT Grzęda v. Poland 15.03.2022 (app. no. 43572/18) GRAND CHAMBER JUDGMENT see here SUMMARY Mr Grzęda is a judge. The case concerned his removal from the National Council of the Judiciary (NCJ) before his term had ended and his inability to get judicial review of that decision. His removal had taken place in the context […]

Freezing of assets in Malta following request by the Kazakh authorities. Disproportionate intervention and violation of respect for property!

1st P - Article 1
08/03/2022 19:46

JUDGMENT Shorazova v. Malta 03.03.2022 (app. no. 51853/19) see here SUMMARY The applicant, Ms Shorazova was born in Kazakhstan and at the relevant time was married to Rakhat Aliyev, who had previously been married to the daughter of the then president of Kazakhstan, Nursultan Nazarbayev and later became his political adversary. The case concerned the […]

The mistakes of prosecutors and judges must be borne by the state and not corrected to the detriment of the accused! Double conviction for driving without a license. Violation of the principle ne bis in idem.

7th P - Article 4
05/03/2022 16:33

JUDGMENT Stăvilă v. Romania 01.03.2022 (app. no. 23126/16) see here SUMMARY The applicant was referred to trial for driving without a license. The prosecutor terminated the criminal prosecution by order due to the non-seriousness of the crime and imposed an administrative fine. The appellate prosecutor annulled the order and remanded the case for trial. He […]

Article 6 – Par. 1