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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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, […]
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 […]
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 […]
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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