Article 6 – Par. 3

The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.

JUDGMENT Gelenidze v. Georgia 07.11.2019 (no.  72916/10) see here  SUMMARY  Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]

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Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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δικηγόρος

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here  SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

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Electronic files with millions of data in a criminal trial and fair trial. Sufficient access to information and preparation time for the defendant’s lawyer.

JUDGMENT  Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY  File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY  Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

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Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

JUDGMENT  Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

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The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned  the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

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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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ECHRCaseLaw

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