Article 6 Archives

The refusal of the court to examine the accused witnesses because he had exercised the right to remain silent at the pre-trial, violated the fair trial!

Article 6 - Par. 1
01/05/2021 19:12

JUDGMENT Keskin v. the Netherlands 19.01.2021 (app. no. 2205/16) see here SUMMARY Fair trial, right of the accused to examine prosecution witnesses. Compensatory factors. Before the Court, all evidence against the accused, including prosecution witnesses, must normally be presented at a public hearing in his presence in order to be able to examine and rebut […]

The court in which a judge who had previously convicted the accomplice of the same crime and had judged in detail the participation of the accused is not impartial!

Article 6 - Par. 1
30/04/2021 18:40

JUDGMENT Meng v. Germany 16.02.2021 (app. no. 1128/17) see here SUMMARY Impartial court. Criteria. Fair trial. Participation of a judge in a panel that convicted the applicant, when he himself had convicted the accomplice of the same crime in a previous trial and had judged her own participation. The applicant was convicted of the joint […]

The lack of sufficient reasoning in a basic claim of a party and the late notification of a summons for a court hearing violated the fair trial!

Article 6 - Par. 1
24/04/2021 18:53

JUDGMENT Mont Blanc Trading Ltd and Antares Titanium Trading Ltd v. Ukraine 14.01.2021 (app. no. 11161/08). see here SUMMARY The case concerned a complaint filed by two companies for breach of fair trial. The ECtHR examined the action concerning the first applicant company, holding that the second company had no legal interest. In the domestic […]

Ineffective investigation into police ill treatment for “forced confession”. Extended temporary detention for 3 years! Violations of the ECHR!

Article 3
23/04/2021 18:55

JUDGMENT Stevan Petrović v. Serbia 20.04.2021 (app. no. 6097/16 and 28999/19) see here SUMMARY Torture of a detainee by police. Duration of 3 years of temporary detention. Ineffective research into torture. Following a search of his residence, the applicant was misled into the police station to testify as a witness, but an arrest warrant and […]

Trapping operations by the police. Obligation of an established clear and predictable procedure

article 46
20/04/2021 18:10

JUDGMENT Kuzmina and others v. Russia 20.4.2021 (app. no. 66152/14 and 8 more applications) see here SUMMARY Police trapping and right to be heard. Agents Provocateur. Systemic problem in the Russian legal framework regarding incidents of trapping by the police for drug trafficking operations through secret and secret operations. The applicants were convicted of criminal […]

Preliminary investigation that has lasted more than 5.5 years did not violate the reasonable duration of the trial because it involved a complex case!

Article 6 - Par. 1
18/04/2021 19:27

JUDGMENT Arewa v. Lithuania 09.03.2021 (app. no. 16031/18) see here SUMMARY Reasonable duration of the pre-trial investigation. Complexity of the case. The case concerned a criminal prosecution against the applicant for engaging in illegal economic activity with the involvement of banks and suspicious transfers of funds to Europe, China and the United States. The preliminary […]

The criminal investigation at a consulate for drugs violated family and private life. Use of evidence from the investigation and conviction of the consul. Non-violation of a fair trial due to the existence of other evidence of guilt

Article 6
17/04/2021 07:47

JUDGMENT Tortladzev. Georgia 18.03.21 (app. no. 42371/08) see here SUMMARY The Honorary Consul General of Cote d’Ivoire in Georgia was found to be in possession of a large quantity of drugs and weapons after conducting an investigation at the consulate. The investigation at the consulate was carried out without a court warrant and without subsequent […]

Temporary suspension of procedures due to coronavirus. The Court’s first approach to pandemic problems

Article 3
30/03/2021 18:21

JUDGMENT Fenech v. Malta 30.03.2021 (app. no. 19090/20) see here SUMMARY The case concerns the aftermath of the applicant’s arrest in 2019 on suspicion of involvement in the murder of Daphne Caruana Galizia, a noted Maltese journalist who was assassinated in 2017. In particular it involves his pre-trial detention during the Covid public-health emergency, precautions […]

Lack of jurisdiction of Belgian courts to examine humanitarian law crimes related to the First Gulf War. Non-violation of a fair trial

Article 6 - Par. 1
28/03/2021 07:40

JUDGMENT Hussein and others v. Belgium 16.03.2021 (app. no. 45187/12) see here SUMMARY The case concerned ten Jordanian applicants who lodged a civil-party application with the Brussels investigating judge with a view to the institution of criminal proceedings against high-ranking Kuwaiti officials for crimes under international humanitarian law, in respect of acts linked to the […]

The delays in a criminal case were due to the abusive actions of the applicants. Non violation a fair trial within a reasonable time

Article 6 - Par. 1
21/03/2021 07:48

JUDGMENT Gilligan v. Ireland 18.03.2021 (app. no. 55276/17) see here SUMMARY The case concerned the length of several sets of proceedings related to the seizure of the applicants’ properties under the Proceeds of Crime Act, 1996, which had included multiple legal stratagems by them within a range of proceedings back and forth across two levels […]

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