Article 6 – Par. 3

Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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Illegal arrest, detention and conviction of two men on charges of espionage. Violation of personal liberty and due process

JUDGMENT O.J. and J.O. v. Georgia and Russia 19.12.2023 (app. no. 42126/15 and 42127/15) see here SUMMARY Arrest, detention and conviction of two men on charges of espionage in the Autonomous Republic of Abkhazia – the region of Georgia currently outside the de facto control of the Georgian government. The Court found that while Georgia […]

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The confession of the accused in the preliminary police investigation without being informed of his rights and without the presence of a lawyer. Violation of the right to fair trial

JUDGMENT Lalik v. Poland 11.05.2023 (app. no. 47834/19) see here SUMMARY The case concerned the applicant’s defence rights and privilege against self-incrimination. In January 2016, while drunk, the applicant set fire to his drinking partner’s jacket, with the latter sustaining severe burns and dying as a result. The applicant was convicted of aggravated murder and […]

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Criminal conviction based on confession given at the pre trial hearing without notice of the suspect’s rights. Violation of due process

JUDGMENT Merahi and Delahaye v. France 20.09.2022 ( app. no. 38288/15) see here SUMMARY Fair trial guarantees. The suspect’s right to be informed in the pre-trial procedures to remain silent and to be represented by a lawyer. On the basis of the confession of the first applicant given at the preliminary investigation stage, the applicants […]

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Dismissal of appeal on points of law from the supreme court without answering the grounds of appeal with sufficient reasons. Violation of due process

JUDGMENT Rusishvili v. Georgia 30.06.2022 ( app. no. 15269/13) see here SUMMARY  Fair trial. Representation by a lawyer of the defendant’s choice, examination of witnesses, reasons for the decision. The applicant was sentenced to 18 years’ imprisonment for first-degree murder and possession of firearms. He appealed for a violation of the fair trial claiming that: […]

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δικηγόρος

Conviction of a trade union representative for refusing new members! Violation of the freedom of association

JUDGMENT Vlahov v. Croatia 05.05.2022 ( app.  no. 31163/13)  see here SUMMARY The case concerned the right of trade unions to control their membership vis-à-vis the right to freedom of association of would-be members. The applicant, a trade-union representative, complained that he had been convicted in 2010 of preventing 15 would-be members from joining his […]

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Defence rights of persons being interviewed voluntarily: the European Court requires observance of the safeguards applicable to police custody

JUDGMENT Wang v. France (app. no. 83700/17) and  Dubois v. France 28.04.2022 (app. no. 52833/19) see here SUMMARY Both cases concerned individuals prosecuted and convicted for unlawfully practising medicine. They complained of the conditions in which their voluntary police interviews had been conducted. While noting the fact that legislative reforms substantially strengthening the rights of […]

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Interception of suspect phone calls and interrogation without notifying him that he was a suspect and without representation by a lawyer. Violation of a fair trial

JUDGMENT Bjarki H. Diego v. Island 15.03.2022 (app. no. 30965/17)  see here SUMMARY The case concerned the trial of Mr Diego – a former Kaupþing bank official – for fraud by abuse of position following the 2008 financial crisis. He had been questioned without being informed of his status as a suspect. Details of one […]

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