Article 6 Archives

Conviction for robbery based on eyewitness testimony and cross-examination with other evidence. Non-violation of a fair trial

Article 6
21/02/2021 09:55

JUDGMENT Lamatic v. Romania 01.12.2020 (app. no. 55859/15) see here SUMMARY Fair trial and examination of witnesses. Evaluation and cross-examination of evidence. The applicant was charged with robbery, but was acquitted in the first instance court. The appellate court annulled the acquittal and convicted the applicant, based on the testimony of an eyewitness, which it […]

Violation of a fair trial when tghe key witness is kept anonymous and the accused is excluded from the right to examine him.

Article 6
21/02/2021 08:36

JUDGMENT Süleyman v. Turkey 17.11.2020 (app. no. 59453/10) see here SUMMARY Right to be questioned by a key anonymous witness and a fair trial. The applicant was charged with premeditated murder. He was convicted according to the indictment. The national court based its decision on the testimony of an eyewitness who remained anonymous and the […]

Dissolution of a sports association due to a court decision by a court of disputed impartiality. Determination of lack of court impartiality and violation of the right to associate

Article 11
18/02/2021 10:27

JUDGMENT Croatian Golf Federation v. Croatia 17.12.2020 (app. no. 66994/14) see here SUMMARY Freedom of association and legal protection of the right. Right to a fair trial by an impartial tribunal. The applicant sports association was declared bankrupt due to debts. The liquidator proposed a reorganization plan that was ratified by the bankruptcy court. Nevertheless, […]

Government decision to cancel shares for bank restructuring. Lack of judicial control over the need for restructuring. Violation of the right to respect for property and a fair trial

1st P - Article 1
17/02/2021 11:08

JUDGMENT PROJECT-TRADE D.O.O. v. Croatia 19.11.2020 (app. no. 1920/14) see here SUMMARY Withdrawal and cancellation of company shares in a bank, right of access to court and right to peaceful enjoyment of property. Government decision on financial restructuring of the Croatian National Bank, where the applicant company had shares. The contested government decision consisted in […]

Prosecution and conviction of juvenile victims of human trafficking who were forced to work in drug plantations. Violation of the ECHR. First decision for criminal prosecution and conviction of a victim of human trafficking

Article 4
16/02/2021 12:30

JUDGMENT V.C.L. and Α.Ν. v. United Kingdom 16.02.2021 (app. no. 77587/12 and 74603/12) . see here SUMMARY The case concerned two Vietnamese youths who police officers had discovered working on cannabis farms. They were arrested and charged with drugs-related offences, to which they pleaded guilty. Following their conviction they were detained in young offenders’ institutes. […]

Dismissal of a court judge due to non-justification and concealment of her property. The Court did not acquit her!

Administrative
15/02/2021 12:50

JUDGMENT Xhoxhaj v. Albania 09.02.2021 (app. no. 15227/19) see here SUMMARY The case concerned a Constitutional Court judge who had been dismissed from office following the outcome of proceedings commenced in relation to her, as part of an exceptional process for the reevaluation of suitability for office of all judges and prosecutors in the country, […]

The imposition of restrictive conditions does not constitute a penalty. Non-granting of legal aid to a destitute prisoner. Unfair trial

Article 6
13/02/2021 18:39

JUDGMENT Timofeyev and Postupkin v. Russia 19.01.2021(app. no. 45431/14 and 22769/15) see here SUMMARY Restrictive conditions on dangerous criminals, right of free movement. Providing legal assistance to a needy prisoner and a fair trial. The case concerned the administrative surveillance of the applicants after they had served their prison sentences. The Court found in particular […]

Fines imposed on ex officio lawyers for contempt of court for refusing to perform their duties. The fines are not criminal but disciplinary. Non-violation of the ECHR

Article 6
13/02/2021 10:43

JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 22.12.2020 (app. no. 68273/14 and 68271/14) see here SUMMARY The case concerned two lawyers who were fined in absentia by the district court for contempt of court because they had withdrawn from their roles as defence lawyers in a criminal trial. In spite of the district […]

The subsequent judicial review of the substance and legality of the act of the Regulatory Authority, ensured a fair trial, despite its lack in the procedure before the Regulatory Authority.

Administrative
11/02/2021 19:42

JUDGMENT Edizioni Del Roma Societa Cooperativa A.R.L. and Edizioni del Roma S.R.L. v. Italy 10.12.2020 (app. no. 68954/13 and 70495/13) see here SUMMARY These two cases concerned the financial penalties imposed by the Italian Communications Regulatory Authority (Autorità per le garanzie nelle comunicazioni – “AGCOM”) on the applicant companies, which operated in the publishing field. […]

The inhuman and degrading police treatment of a detainee, due to beatings, stripping and threats was not restored with a claim of insufficient compensation!

Article 3
08/02/2021 18:51

JUDGMENT Zličić v. Servia 26.01.2021 ( app. no. 73313/17 and 20143/19) see here SUMMARY The case concerned the applicant’s alleged ill-treatment by the police, the investigation into his allegations, and the proceedings that followed. The applicant was also awarded damages in civil proceedings for police abuse. The Court found in particular that the decision of […]

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