Article 6

Ban on life prisoners’ telephone calls. Violation of the private and family life

JUDGMENT Danilevich v. Russia 19.10.2021(app. no. 31469/08) see here SUMMARY The case concerned the applicant being deprived of telephone contact with his relatives, including his young son, whilst serving a life sentence under the strict prison regime. That special prison regime involves, among other things, a complete ban on telephone calls except in emergency situations […]

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Government’s preventing publication of Haykakan Zhamanak newspaper during state of emergency. Violation of freedom of expression and the right of access to court

JUDGMENT Dareskizb Ltd v. Armenia 21.09.2021 (app. no. 61737/08) see here SUMMARY Preventing the applicant company from publishing its newspaper, Haykakan Zhamanak, during a state of emergency following the 2008 presidential election in Armenia. The ECtHR found, in particular, that the restriction of the newspaper’s circulation had no other purpose than to limit criticism of […]

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απαλλοτρίωση

Prohibition of exploitation of forest area of former royalty by law, without access to court. Violation of the right to property and a fair trial.

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 07.09.2021 (app. no. 38948/10) see here SUMMARY Royal property and property rights. Universal, without exception, right of access to the Court Former kings of Bulgaria were deprived of the crown property by law. The law was deemed unconstitutional, they reclaimed part of their property without however being allowed to […]

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The visit of the President of the court to the civil party , raised doubts about the impartiality of the Court

JUDGMENT Karrar v. Belgium 31.08.2021 (app. no. 61344/16) see here SUMMARY The case concerned criminal proceedings instituted against Mr Karrar, following which he was convicted of the murder of his two children and sentenced to life imprisonment. Before the Court, the applicant complained of the lack of impartiality of the president of the Assize Court, […]

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Criminal proceedings for domestic violence against an accused were complementary and part of an integrated system of sanctions. No violation ne bis in idem

JUDGMENT Galović v. Croatia 31.08.2021 (app. no. 45512/11) see here SUMMARY Domestic violence. Ne bis in idem. A system of sanctions that was supplemented through more criminal proceedings. Convictions of the applicant for domestic violence in a number of criminal proceedings. The applicant alleged that he had been tried and convicted twice for the same […]

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The conviction of a Turkish imam for his posts on Facebook violated the freedom of expression. Excessive formalism on behalf of the national court in violation of the right of access

JUDGMENT Üçdağ v. Turkey 31.08.2021 (app. no. 23314/19) see here SUMMARY The case concerned Mr Üçdağ’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of two posts published on his Facebook account, as well as the rejection of his individual application to the Constitutional Court as being out of time. […]

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Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

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The pre-trial testimony of a co-accused, whο the accused could not examine, affected the amount of his sentence. Application of article 6 par. 3 regarding the testimony of a co-accused!

JUDGMENT Dodoja v. Croatia 24.06.2021 (app. no. 53587/17) see here SUMMARY Conviction of an accused based on the pre-trial testimony of his co-accused who did not appear at the hearing. Evidence, compensatory factors. Strict punishment and a fair trial. The applicant pleaded guilty to drug trafficking but not to the extent for which he was […]

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Dismissal of a police officer who was driving under the influence of alcohol. The disciplinary procedure is independent of the criminal proceedings. No violation of the presumption of innocence!

JUDGMENT Istrate v. Romania 13.04.2021 (app. no. 44546/13) see here SUMMARY The applicant police officer was arrested for driving while intoxicated. He was dismissed by a decision of the disciplinary council on the grounds that as a police officer he had a special legal obligation to comply with the law and his behavior was particularly […]

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No summoning of the accused, no representation of him before the Court of Appeals and his conviction in absentia for rape! Violation of a fair trial

JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]

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