Article 6

δίκαιη δίκη

The deprivation of the defendants from the right to be heard amounts to deprivation of a fundamental right of the ECHR

JUDGMENT Atutxa Mendiola and others v. Spain 13-06-2017 (no. 41427/14) see here  SUMMARY Right to be heard. Condemnation of the President and Vice-President of the Basque Parliament by the Supreme Court for failure to comply with a decision to dissolve the parliamentary groups in the various bodies of the Autonomous Communities of the Basque Country […]

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πρόσβαση σε δικαστήριο

Preventing companies to access judicial authorities is contrary to the ECHR

JUDGMENT Centre for Development of Analytical Psychology Ltd v. ‘the former Yugoslav Republic of Macedonia 15-06-2017 (no.29545/10 and 32961/10) see here  SUMMARY Preveting businesses to access judicial authorities violates the right to a fair trial. The lower limit of the subject-matter of the lawsuit for injunction hinders access to a court. PROVISION Article 6 par. 1 […]

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The conviction of a defendant without all the relevant document having been presented to the court violates the fair trial

JUDGMENT Scavetta v. Monaco 30-5-2017 (no. 33301/13) see here SUMMARY Fair trial. Evidence. Failure to produce documents. Failure to produce critical documents, such as the investigator’s findings and the prosecutor’s written conclusions in connection with the conviction of the accused, violates his right to a fair trial. PROVISION Article 6 § 1 PRINCIPAL FACTS The […]

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δίκαιη δίκη

When the victim – the accused himself – brings disciplinary procedures against the complainant and considers him as the President of the institution in the case of the complaint, the fair trial is violated.

JUDGMENT Paluda v. Slovakia 23-5-2017 (no. 33392/12) see here  SUMMARY Disciplinary proceedings against a judge. Access to court. Fair trial. Disciplinary Proceedings against a Supreme Judge over his complaints against the President of the Supreme Court. The initiation of disciplinary action and the imposition on the applicant of a suspension of his judicial duties by […]

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The strict detention regime and the inconvenience of prisoners in serving the sentence violate the ECHR

JUDGMENT Simeonovi v. Bulgaria 12-5-2017 (no.  21980/04)  see here  SUMMARY Inhuman and degrading treatment due to the combination of a strict framework for the applicant’s life imprisonment and the wretched conditions of detention of Bulgarian prisons. The Grand Chamber of the European Court of Human Rights found a violation of Article 3 of the ECHR. […]

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εξευτελιστική μεταχείριση

Practices of physical and psychological abuse of the accused by the police constitute degrading treatment

JUDGMENT Zherdev v. Ukraine 27-04-2017 (no. 34015/07) see here  SUMMARY  Degrading treatment by the police. The applicant, who was found guilty of robbery and homicide and sentenced to 13 years in prison, has filed with the ECtHR complaints about police pre-trial (physical and psychological abuse by the police authorities in order to extract his confession) […]

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δίκαιη δίκη

A conviction based on witness testimonies, who were not examined at the hearing violates the defendant’s right to a fair trial

JUDGMENT Asatryan v. Armenia 27-04-2017 (no. 3571/09) see here  SUMMARY  Examination of witnesses in the audience. The non-examination by the accused of the witnesseses deprived her of the right conferred by Article 6 § 3d of the ECHR (examination of witnesses in the trial) and given that the conviction in the criminal proceedings was based […]

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