Article 6 – Par. 3

Deprivation of the right to choose a defense lawyer and the national court’s formalism in the late appeal violated the ECHR

JUDGMENT Lobzhanidze and Peradze v. Georgia 27.02.2020 (no. 21447/11 and 35839/11) see here  SUMMARY Evidence, Appointment of Attorney, Appeal and Fair Trial. The applicants were convicted of forgery for a virtual sale of real estate. In addition, the first applicant was charged with the offense of bribery of judicial officers for attempting to influence a […]

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Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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Reading pre-trial testimony from absent witnesses. Non-infringement of fair trial. Conditions for accepting depositions.

JUDGMENT Lobarev and others v. Russia 28.01.2020 (no. 10355/09, 14358/11, 12934/12, 76458/12, 25684/13 and 49429/14) see here  SUMMARY Fair trial and reading of testimony of absent witnesses. The applicants are Russian nationals. During the criminal trial in which they were indicted, pre-trial testimonies of absent witnesses were read and their conviction was heard. They complained about […]

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Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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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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ECHRCaseLaw

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