Article 6 - Par. 3 Archives - Page 4 of 7

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.

Article 6 - Par. 1
11/11/2019 12:16

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 […]

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.

article 34
23/09/2019 17:58

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 […]

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

Article 6 - Par. 1
17/09/2019 13:34

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 […]

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.

Article 6 - Par. 1
26/07/2019 18:21

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. […]

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.

Article 6 - Par. 1
22/06/2019 16:14

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, […]

The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

Article 6 - Par. 1
09/06/2019 12:03

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

Article 6 - Par. 1
23/05/2019 10:27

JUDGMENT Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

Article 6 - Par. 1
01/05/2019 19:16

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

Strasbourg Criteria regarding the request of an accused to examine witness

Article 6
31/12/2018 14:54

GRAND CHAMBER JUDGMENT Murtazaliyeva v. Russia 18.12.2018 (no. 36658/05) see here SUMMARY The case concerned the applicant’s being found guilty of terrorism charges and her complaint that the trial had not been fair because she had not been able properly to view a police video surveillance tape in court and that the courts had refused […]

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

Article 6
03/12/2018 09:40

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

Article 6 – Par. 3