JUDGMENT Tonkov v. Belgium 08.03.2022 (app. no. 41115/14) see here SUMMARY In this case, Mr Tonkov complained that he had been deprived of his right of access to a lawyer in the initial stages of the judicial investigation against him, and in particular during his police custody and during the hearings, interviews and other investigative […]
JUDGMENT Atristain Gorosabel v. Spain 18.01.2022 (app. no. 15508/15) see here SUMMARY Detention in complete isolation without any communication. Right to a fair trial. Right of defense by a lawyer of the choice of the accused. The applicant, a Spanish national, was charged with involvement in the ETA terrorist organization and possession of explosives and […]
JUDGMENT Kartoyev and others v. Russia 19.10.2021 (app. no. 9418/13) see here SUMMARY The case concerned the criminal proceedings against the applicants, nine Russian nationals who were charged with committing two terrorist attacks in 2009. They claimed that they had not had a trial before an independent and impartial court, that they had been deprived […]
JUDGMENT Dodoja v. Croatia 24.06.2021 (app. no. 53587/17) see here SUMMARY Conviction of an accused based on the pre-trial testimony of his co-accused who did not appear at the hearing. Evidence, compensatory factors. Strict punishment and a fair trial. The applicant pleaded guilty to drug trafficking but not to the extent for which he was […]
JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]
JUDGMENT Keskin v. the Netherlands 19.01.2021 (app. no. 2205/16) see here SUMMARY Fair trial, right of the accused to examine prosecution witnesses. Compensatory factors. Before the Court, all evidence against the accused, including prosecution witnesses, must normally be presented at a public hearing in his presence in order to be able to examine and rebut […]
JUDGMENT Keskin v. The Netherlands 19.01.2021 (app.no. 2205/16) see here SUMMARY Defendant’s right to be examined by prosecution and defense witnesses. Fair trial, equality of arms. Compensatory factors and their criteria. According to the Court’s case-law, all evidence against it must be presented in the presence of the accused at a public hearing for the […]
JUDGMENT
Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.
Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses
JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]
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