JUDGMENT Pervane v. Turkey 08.09.2020 (app. no. 74553/11) see here SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]
JUDGMENT George-Laviniu Ghiurău v. Romani 16.06.2020 (no. 15549/16) see here SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]
JUDGMENT Romić and others v. Croatia 14.05.2020 (no. 22238/13, 30334/13, 38246/13, 57701/13, 62634/14, 52172/15 and 17642/15) see here SUMMARY Notification of prosecutorial proposals. Equality of arms and litigation. The applicants were charged with serious misconduct and attempted murder. They were irrevocably convicted. At the trial, they did not have access to the prosecutor’s proposals submitted […]
JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]
JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]
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 […]
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 […]
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 […]
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 […]
JUDGMENT Yam v. United Kingdom 16.01.2020 (no. 31295/11) see here SUMMARY Trial for intentional homicide trial was held behind closed doors for the testimony of some witnesses. The national court ruled that this part of the proceedings should have been held behind closed doors for reasons of national security. The Court in particular found that […]
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