Article 6 – Par. 2

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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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 […]

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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 […]

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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 […]

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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 […]

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The validity of the presumption of innocence following a Strasbourg decision.

JUDGMENT: Dicle and Sadak v. Turkey 16.06.2015 (no. 48621/07) see here SUMMARY: The continuation of the conviction in the criminal record despite the commencement of the repeat procedure constitutes a breach of the presumption of innocence. This case concerned the consequences of the reopening of proceedings in the national courts of criminal jurisdiction following the […]

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