Article 6 Archives

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

Article 11
18/10/2020 12:09

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and 63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no. 49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

1st P - Article 1
12/10/2020 06:57

JUDGMENT Agapov v. Russia 06.10.2020 (app. no. 52464/15) see here SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

Article 10
10/10/2020 16:42

JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]

Special Appeal before the President of the Republic, who has not responded for 14 years! The action for unjustified delay is inadmissible because it did not concern a court procedure

Administrative
04/10/2020 10:12

JUDGMENT Mediani v. Italy 01.10.2020 (aoo. no. 11036/14) see here SUMMARY The case concerned the length of proceedings relating to a special appeal to the President of the Republic (ricorso straordinario al Presidente della Repubblica). Mr Mediani, who had lodged his appeal in 2004 in order to challenge the decision to revoke his advancement to […]

The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

Article 10
02/10/2020 18:17

JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]

Loss of property due to illegal title. Bad faith pwner. Non violation of the right to respect of property

1st P - Article 1
28/09/2020 07:17

JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]

Anonymous witnesses. The lack of objective grounds for granting anonymity to witnesses violated the right to a fair trial of the accused

Article 6
24/09/2020 20:04

JUDGMENT Vasilyev and others v. Russia 22.09.2020 (application no. 38891/08) see here SUMMARY Anonymous witnesses in a criminal trial. Conviction of the applicants for incitement to hatred and participation in an organization banned due to extremist activity. The applicants alleged that their right to a fair trial had been violated because the national courts had […]

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

Article 5
21/09/2020 11:17

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020 (app. no. 62775/14) see here SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

Article 5
20/09/2020 13:42

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

Article 6 - Par. 1
18/09/2020 18:17

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

Article 6