Article 6 - Par. 3 Archives - Page 5 of 7

Rejection of a defendant’s request for expert examination violated his defense right to examine witnesses.

Article 6
24/11/2018 11:14

JUDGMENT Avagyan v. Armenia 22.11.2018 (no. 1837/10) see here SUMMARY An accused of manslaughter of two brothers with poisoning during his trial asked the experts to come in order for them to examine them. The reasoning put forward was that there were contradictory and conflicting expert reports on the cause of the deaths of the […]

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?

Article 6
01/11/2018 11:06

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 […]

Interpreting in Russian for a Lithuanian in Slovenia violated fair trial right

Article 6
17/09/2018 08:40

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 […]

Criminal conviction based on written testimonies abroad. Inability of the accused to examine the witnesses in the audience.

Article 6
17/09/2018 08:38

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 […]

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

Article 6
17/09/2018 08:30

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 […]

Summons to appear in court served via public notification was not sufficient under the Convention

Article 6
13/09/2018 09:08

JUDGMENT Dridi v. Germany 26.07.2018 (no. 35778/11) see here SUMMARY The case concerned criminal proceedings in which the summons to a hearing was served by public notification and the time given to the defence to prepare for the hearing and attend it. The Court observed in particular that Mr Dridi had a new address in […]

Domestic violence. Conviction without the testimony of the victim at the court

Article 6
13/09/2018 08:53

JUDGMENT Ν.Κ. v. Germany 26.07.2018 (no. 59549/12) see here SUMMARY Criminal conviction of the applicant for domestic violence against the spouse. In particular, the applicant was accused of beating her with ropes and shoes and forcing her to engage in sexual acts. His spouse did not testify during the criminal trial. The applicant complained that […]

Russia committed multiple violations of the European Convention owing to Pussy Riot punk band convictions and imprisonment

Article 10
12/09/2018 13:29

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 […]

Sexual abuse of children at the “Casa Pia”: criminal proceedings gave rise to a violation for refusal to admit evidence on appeal

Article 6
12/09/2018 09:59

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 […]

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

Article 6
05/09/2018 12:54

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 […]

Article 6 – Par. 3