Article 6 – Par. 3

δικηγόρος

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here    SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

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Rejection of a defendant’s request for expert examination violated his defense right to examine witnesses.

JUDGMENT Avagyan v. Armenia 22.11.2018  (no. 1837/10) see here   SUMMARY  An accused of manslaughter of two brothers with poisoning during his trial asked the experts to come in order for them to examine them. The reasoning put forward was that there were contradictory and conflicting expert reports on the cause of the deaths of the […]

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Undercovered police officers are presented as drug dealers aiming at arresting the actual perpetrators. Is an unlawful secret police operation compatible with the European Convention on Human Rights in order to verify the offense of drug trafficking?

JUDGMENT  Guerni v. Belgium 23.10.2018 (no.  19291/07) see here SUMMARY  The case concerned criminal proceedings under which Mr Guerni had been convicted of drug trafficking. In the framework of their investigations, the police had been authorised to call on the services of an informer and an undercover agent posing as a purchaser. The Court found […]

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δίκαιη δίκη

Interpreting in Russian for a Lithuanian in Slovenia violated fair trial right

JUDGMENT  Vizgirda v. Slovenia 28.08.2018 (no. 59868/08) see here SUMMARY  Appointment of a Russian-language interpreter to a Lithuanian citizen without him having adequate understanding of the Russian language. Failure to lodge a complaint or protest by the applicant and his lawyer on the appointment of a Russian interpreter. The Court considered that the absence of […]

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Criminal conviction based on written testimonies abroad. Inability of the accused to examine the witnesses in the audience.

JUDGMENT  Dadayan v. Armenia 6.09.2018 (no. 14078/12) see here  SUMMARY The case concerned criminal proceedings brought against an Armenian national, Garik Dadayan, for aiding and abetting the smuggling of enriched uranium into Georgia. The two smugglers were prosecuted and convicted in Georgia, while Mr Dadayan was prosecuted and convicted in Armenia, essentially on the basis […]

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δίκαιη δίκη

The refusal of a basic witness to be examined in the audience for non-self-incrimination and the right of the accused to be examined

JUDGMENT  Cabral v. The Netherlands 28.08.2018 (no. 37617/10) see here   SUMMARY Robbery in a supermarket. Unique evidence regarding the guilt of the plaintiff – the accused – the testimony – of his accomplice to the police, which was revoked by the witness in the court of first instance. Appearance of the witness at the Court […]

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Russia committed multiple violations of the European Convention owing to Pussy Riot punk band convictions and imprisonment

JUDGMENT  Mariya Alekhina and othersv. Russia 17.07.2018  (no. 38004/12) see here SUMMARY The case Mariya Alekhina and Others v. Russia (application no. 38004/12) concerned the conviction and imprisonment of three members of the Pussy Riot punk band for attempting to perform one of their protest songs in a Moscow cathedral in 2012. The courts ruled […]

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