Article 6 – Par. 3

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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police violence

The violent extraction of a confession without the presence of a lawyer is contrary to the principle of fair trial.

JUDGMENT  Dimitar Mitev v. Bulgaria 8.3.2018 (no. 34779/09) see here   SUMMARY  Prosecution for intentional homicide. Police abuse and confession during an informal interview without the presence of a lawyer. Violation of the right to a fair trial. PROVISIONS   Article 6 § 1 Article 6 § 3 (c) PRINCIPAL FACTS The applicant, Dimitar Mitev, is […]

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πρόσβαση σε δικαστήριο

The importance of examining witnesses for a fair trial

JUDGMENT Asani v. ” the former Yugoslav Republic of Macedonia” 01.02.2018 (no. 27962/10) see here SUMMARY  Complaint for the non-examination of key witnesses in a homicide trial. Sentenced by national courts for life imprisonment and appeal before the ECtHR. Violation of the right to a fair trial and the right to invite and witness witnesses. No […]

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fair trial

Interdiction on asking questions from a defendant’s lawyer to a co-defendant violates the right to fair trial and witnesses

JUDGMENT  Kuchta v. Poland 23.01.2018 (no. 58683/08) see here SUMMARY  Prohibition to put questions to a co-defendant by the defendant – plaintiff. The co-defendant’s testimony was decisive for the applicant’s case. Violation of the right to witnesses and fair trial. (Article 6 §§ 1 and 3 (d)). PROVISIONS  Article 6 § 1 Article 6 § […]

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δίκαιη δίκη

The absence of witnesses, the violation of the fair trial and the great importance of the repetition of the proceedings

JUDGMENT  Zadumov v. Russia 12.12.2017 (no. 2257/12) see here   SUMMARY  Conviction for deliberate manslaughter without examining the main category witness. Violation of the right to a fair trial. Violation as sufficient fair satisfaction. The most appropriate form of legal remedy for a full reinstatement of the violation of the right to a fair trial is […]

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fair trial

The inability to examine a basic witness from the accused consists of a deficit for the fair trial

JUDGMENT Daştan v. Turkey 10/10/2017 (no. 37272/08) see here SUMMARY  Life imprisonment for involvement in an illegal organization. Absence of a basic witness and inability of the accused to investigate and challenge his allegations in the criminal proceedings. Violation of the right of the accused to examine the witness. PROVISION  Article 6 par. 3d PRINCIPAL […]

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