Article 6 - Par. 2 Archives

A court in another trial regarding a co-defendant cited the entire name of the applicant as an accessory to the commission of offences! Breach of the right of the presumption of innocence

Article 6 - Par. 2
17/02/2024 10:28

JUDGMENT Krátky v. Slovakia 15.02.2024 (app. no. 35025/20) see here SUMMARY Infringement of the presumption of innocence of the applicant when, in the context of criminal proceedings against a co-defendant, his full name was mentioned. In particular, the co-defendant entered into a plea bargain with the prosecution and was eventually found guilty of membership of […]

The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

Article 6 - Par. 1
23/12/2023 10:25

JUDGMENT Tadić v. Croatia 28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

The applicant’s reference in a judgment condemning a former Minister, for money laundering from criminal activity, without mentioning that his guilt is not determined! Violation of presumption of innocence

Article 5
28/11/2023 19:59

JUDGMENT Beltsios v. Greece 28.11.2023 (app. no. 57333/14) see here SUMMARY Violation of the presumption of innocence under Article 6 § 2 of the ECHR and failure to decide “immediately” on the applicant’s application for release from prison under Article 5 § 4 of the ECHR. In the years 2000 and 2002, contracts were signed […]

Violation of the presumption of innocence of an accused former minister by televised statements by the Minister of Justice

Article 6 - Par. 1
11/09/2023 17:59

JUDGMENT Bavcar v. Slovenia 07.09.2023 (app. no. 17053/20) see here SUMMARY The case concerned, Mr Bavčar, a former Government minister, who was found guilty of money laundering in 2016. The case concerned appeal proceedings during which the then Minister of Justice Goran Klemenčič had given a television interview captioned “Mr Klemenčič: If the Bavčar case […]

Statements by a Government spokesperson about the guilt of a defendant before the criminal proceedings are completed! Violation of the presumption of innocence.

Article 6
01/02/2023 14:45

JUDGMENT SAVVAIDOU v. GREECE 31.1.2023 (app. no. 58715/15) see here SUMMARY The applicant was General Secretary of Public Revenue of the Ministry of Finance. On 22.10.2015, following a decision of the Council of Ministers, due to her alleged involvement in acts investigated by the criminal justice system and her referral to the criminal court, she […]

Trial in camera and public statements of defendant’s guilt violated fair trial and presumption of innocence

Article 6 - Par. 1
07/11/2022 08:06

JUDGMENT Mamaladze v. Georgia 03.11.2022 (app. no. 9487/19) see here SUMMARY Presumption of innocence and public statements by government officials and prosecutors about the accused. Publicity of trial. The appellant was a high priest. He was accused and sentenced for attempted murder against the Patriarch’s secretary, because he was caught on a group trip with […]

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

Article 6 - Par. 1
11/08/2022 07:17

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: […]

The bugging in the apartment of a successful businessman from the state secret service without guarantees, violated the right to privacy

Article 6 - Par. 2
28/06/2022 08:40

JUDGMENT Haščák v. Slovakia 23.06.2022 (app. no. 58359/12, 27787/16 and 67667/16). see here SUMMARY The case concerned a surveillance operation (“the Gorilla operation”) carried out in 2005 and 2006 by the Slovak Intelligence Service and the intelligence material obtained by it. Relying on Articles 6 § 1 (right to a fair hearing within a reasonable […]

The civil department of the Supreme Court did not consider a ground for appeal for violation of the presumption of innocence despite the irrevocable acquittal for the same events. Non-exhaustion of domestic remedies

Article 6 - Par. 2
02/05/2022 19:09

JUDGMENT Diamantopoulos v. Greece 08.03.2022 (app. no. 68144/13) see here SUMMARY The applicant was born in 1933 and lives in Athens and was the managing director of the company “Diamantopoulos kai Sia OE”. The Athens Court of Appeals accepted the tort lawsuit against the plaintiff for the offenses of forgery and defamation against two other […]

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 […]

Article 6 – Par. 2