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 […]
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 […]
JUDGMENT Mikhaylova v. Ukraine 6.3.2018 (no. 10644/08) see here SUMMARY The applicant told the Judge who chaired “I do not know any case where you have made a lawful decision” and that “the law does not mean anything for you.” She was referred to trial for contempt of court and sentenced by another judge to […]
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 […]
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 § […]
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 […]
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 […]
JUDGMENT Lambin v. Russia 21.11.2017 (no. 12668/08) see here SUMMARY The case concerned the applicant’s complaint that he was sentenced for a murder in respect of a violation of the rights of the defense in the course of criminal proceedings against him. Based on Article 6 §§ 1 and 3 (b) (right to a fair […]
JUDGMENT Kalēja v. Latvia 5/10/2017 (no. 22059/08) see here SUMMARY Entitlement of a witness to a preliminary examination. Excessive length of the preliminary examination and no legal assistance at this stage in the absence of accusation against him. Infringement of the right to a fair trial regarding the duration of the investigation, but no violation […]
JUDGMENT Cafagna v. Italy 12/10/2017 (no. 26073/13) see here SUMMARY Robbery on the street. The victim testified before the police and identified the accused by photographers. In the audience, the witness never appeared, despite the accused’s wish to examine him. The witness was of unknown residence and could not be found. Thus neither the Court […]
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