Article 6 – Par. 2

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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Report by the parliamentary commission regarding the President of the National Broadcasting Corporation. The opinion expressed does not amount to a criminal conviction and neither the presumption of innocence nor his private life were violated

JUDGMENT Kwiatkowski v. Poland 16.05.2019 (no. 58996/11)  see here SUMMARY Publication of a report by the Polish Parliament on allegations of corruption in the amendment of the Broadcasting Act. The applicant’s complaint that the report hurt his reputation and constituted a criminal conviction without himself having access to an effective remedy. The Court found that […]

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Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

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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, […]

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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 […]

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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.

JUDGMENT 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 […]

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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 […]

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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 […]

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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 […]

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ECHRCaseLaw

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