Article 6 – Par. 2

The civil liability of an acquitted driver for driving under the influence of alcohol did not violate his presumption of innocence

JUDGMENT
Ilias Papageorgiou v. Greece 10.12.2020 (app. no. 44101/13)
Presumption of innocence and civil trials. Civil decisions against the applicant despite the fact that he was acquitted in criminal proceedings for the same facts. The applicant was involved in a car accident and his passenger was injured. He took two breathalyzer tests, with scores of 0.67 and 0.57 mg / l, but was later acquitted by the criminal court for driving under the influence of alcohol.
Lawsuit of the passenger against the applicant and his insurance company. The insurance company brought an action against the applicant. The civil court of first instance ordered the applicant and the insurance company to pay compensation to the passenger, but rejected the insurance company’s claim against the applicant. On appeal, the Athens Court of Appeal ruled that it was not bound by the applicant’s acquittal in the criminal courts and that, under the terms of the insurance contract, the applicant’s conduct relieved the insurance company of its liability. The Supreme Court held that Article 6 § 2 of the ECHR did not require the civil courts to be bound by the judgment of the criminal courts and therefore the Court of Appeal had not questioned the presumption of innocence of the applicant.

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ιδιοκτησία

Cancellation of a public contract and withholding of the guarantee due to pending prosecution of the applicant. Serious negligence of the competent body and violation of the right to property

JUDGMENT
Kurban v. Turkey 24.11.2020 (app. no.  75414/10)
Right to property, public procurement and proportionality between the means and the intended purpose.
The applicant participated in a tender for the execution of a construction project in which his bid prevailed and a public contract was signed. He paid a guarantee of 6% on the value of the contract. The contract was canceled because the State was subsequently informed of the existence of a pending criminal prosecution against the applicant relating to public procurement. The guarantee was withheld by law. He filed a complaint for violation of the presumption of innocence and his right to property.

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ιδιοκτησία

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

JUDGMENT Agapov v. Russia 06.10.2020  (app. no. 52464/15) see here   SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

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φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here   SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

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Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY  Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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Compensation for terrorists relatives and the presumption of innocence.

JUDGMENT  Larrañaga Arando and others v. Spain (no. 73911/16, 233/17, 3086/17 and 5155/17) and Martínez Agirre and others (no. 75529/16 and 79503/16) 18.07.2019 SUMMARY  Presumption of innocence and compensation for death of a relative by terrorists. The applicants complained under Article 6 § 2 (presumption of innocence) that they had been denied the state compensation they were entitled […]

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ECHRCaseLaw

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