Article 6 – Par. 2

Civil liability of a history book author for defamatory comments. No violation of the presumption of innocence, nor the freedom of expression

JUDGMENT Marinoni v. Italy 18.11.2021 (app. no. 27801/12) see here SUMMARY The case concerned a finding of civil liability against the author of a book on account of two sets of remarks deemed by the Italian courts to be defamatory. The book included a reconstruction of the events preceding the summary execution of 43 captured […]

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Dismissal of a police officer who was driving under the influence of alcohol. The disciplinary procedure is independent of the criminal proceedings. No violation of the presumption of innocence!

JUDGMENT Istrate v. Romania 13.04.2021 (app. no. 44546/13) see here SUMMARY The applicant police officer was arrested for driving while intoxicated. He was dismissed by a decision of the disciplinary council on the grounds that as a police officer he had a special legal obligation to comply with the law and his behavior was particularly […]

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Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

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δικηγόρος

Jury statements to the media during and after the trial. Information regarding the jurors of the case from the internet. Violation of a fair trial due to doubts regarding the impartiality of a court

JUDGMENT Tikhonov and Khasis v. Russia 16.02.2021 (app. no.  12074/12 and 16442/12) see here SUMMARY In this case the applicants alleged that the court which had found them guilty of the murders of a lawyer and a journalist (killed in Moscow in 2009) had not been impartial. They based their allegations, among other things, on […]

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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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