Article 6 – Par. 2

The press release of the Ministry of Interior and the violation of the presumption of innocence

JUDGMENT Lolov and others v. Bulgaria 21.02.2019 (no. 6123/11) see here SUMMARY Presumption of innocence and family criminal organization. A family is accused of creating a criminal organization that favors tax evasion and extortion. They complaint that their presumption of innocence had been violated because of a press release issued by the Ministry of Interior, […]

read more

Cartels of construction companies, unfair competition and evidentiary process. The principle of a fair trial in the whole process

JUDGMENT SA-Capital Oy v. Finland 14.02.2019 (no. 5556/10) see here SUMMARY  The case concerned the applicant company’s complaint that Finland’s Supreme Administrative Court had relied on hearsay evidence about its role in an asphalt cartel and had increased a fine on it. The Court found that the Supreme Administrative Court, which had been dealing with […]

read more

The barring of the offence regarding the participation in a terrorist organization of a teacher. The national court violated his presumption of innocence by referring to a later trial that he was a member of the terrorist organization. The adventure of a CV.

JUFGMENT Urat v. Turkey 27.11.2018 (no. 53561/09 and 13952/11) see here SUMMARY Presumption of innocence and disciplinary proceedings. Disciplinary dismissal of teachers for involvement in the Hizbollah terrorist organization despite the fact that they have never been convicted of the offense. The verbal formula used by the courts must not identify criminal liability for the […]

read more

Complaint about obligation to testify as a witness against former accomplices was inadmissible

JUDGMENT  Wanner v.Germany 22.11.2018 (no. 26892/12) see here SUMMARY  The case concerned the applicant’s conviction for giving false testimony as a witness in criminal proceedings against his former accomplices. The Court observed that, since Mr Wanner’s conviction for assault had become final, there was no legal possibility of him being prosecuted again for his participation […]

read more
στρατιώτης

The refusal to cancel a police officer’s dismissal following an irrevocable acquittal, violates the presumption of innocence

JUDGMENT  Seven v. Turkey 23.01.2018 (no.  60392/08) see here SUMMARY  Dismissal of policeman after rape and abuse of power. Criminal courts have irrevocably acquitted him of the charges. Refusal of the Administrative Courts to cancel the dismissal following the irrevocable acquittal decision. Infringement of the presumption of innocence (Article 6 § 2). PROVISION  Article 6 […]

read more
δίκαιη δίκη

The presumption of innocence and the disciplinary penalties. Can an innocent judgment and a disciplinary conviction coexist for the same incident?

JUDGMENT  Güç v. Turkey 23.01.2018 (no. 15374/11) see here SUMMARY  Dismissal of a civil servant, head of a training center, following alleged harassment of a minor pupil. Liability for charges of criminal offense. Along with the criminal proceedings, disciplinary proceedings were also carried out by independent experts. In the end, the applicant was dismissed for […]

read more

Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here  SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

read more
περιουσία

The security of 1.1 billion euros required from the bank UBS AG in the context of court supervision was compatible with the Convention

JUDGMENT UBS AG v. France (application no. 29778/15) 12.01.2017 see here SUMMARY The case concerned a sum of 1.1 billion euros required by way of security in the context of the court supervision of a bank that was placed under formal investigation for illegal direct selling of banking products and aggravated laundering of the proceeds […]

read more

The presumption of innocence and fair trial through media coverage

JUDGMENT Paulikas v. Lithuania (application no. 57435/09) see here SUMMARY Fair trial and presumption of innocence. Extensive event coverage by the media before the trial of the case. The case concerned the criminal trial and conviction of Mr Paulikas, in relation to a car accident in which his vehicle had killed three ten-year-old children. Mr […]

read more

Sentences imposed by the administrative courts in spite of acquittals in criminal proceedings: violations of the Convention

JUDGMENT: Kapetanios and others v. Greece 30.04.2015 (nos. 3453/12, 42941/12, 9028/13) see here   SUMMARY: The case concerned the imposition of administrative fines on individuals accused of contraband who had been acquitted of a criminal offence. The Court found in particular that the fact of ordering the three applicants to pay administrative fines, even though they […]

read more
ECHRCaseLaw

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Decline all Services
Accept all Services