Article 6 – Par. 3

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evidence regarding the guilt of the plaintiff – the accused – the testimony – of his accomplice to the police, which was revoked by the witness in the court of first instance.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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Sexual abuse of children at the “Casa Pia”: criminal proceedings gave rise to a violation for refusal to admit evidence on appeal

JUDGMENT  Pereira Cruz and others v. Portugal 26.06.2018 (no.  56396/12) see here   SUMMARY  The case concerned the existence of a paedophile ring at the Casa Pia, a public institution responsible for the education of children from deprived backgrounds. In the Court’s opinion, the fact that witnesses had retracted their initial statements during questioning at a […]

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πρόσβαση σε δικαστήριο

The failure of the Supreme Court to respond to a ground of appeal violates the fair trial. The non-determination of the large quantity of drugs does not infringe Article 6 (3a) of the ECHR

JUDGMENT  Uche v. Switzerland 17.04.2018 (no.  12211/09) see here   SUMMARY The case concerned an applicant who was convicted of drug trafficking and complained of violations of his right to be informed of the nature and cause of the accusation against him, and of his right to have a reasoned judgment. The Court found in particular that […]

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πρόσβαση σε δικαστήριο

The deprivation of legal assistance at a time critical for the accused violates the right to a fair trial

JUDGMENT  Girişen v. Turkey 13.3.2018 (no. 53567/07) see here   SUMMARY  Criminal prosecution for undermining the constitutional order due to involvement in a criminal organization following a telecommunication confession. Absence of advocate in the preliminary examination and excessive length of criminal proceedings. Violation of the right to a fair trial. PROVISIONS  Article 6 § 1 Article […]

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ECHRCaseLaw

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