Article 6 Archives

The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

1st P - Article 1
21/05/2020 09:54

JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them, they […]

The sentencing decision, which was based not only on the testimony of a minor witness but also on other evidence, did not violate the overall legal nature of the criminal proceedings.

Article 6
14/05/2020 12:03

JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]

Appeal resignation on behalf of the non-legally appointed representative of the appellant. Violation of the right of access to court

1st P - Article 1
09/05/2020 15:30

JUDGMENT Madžarović and others v. Montenegro 05.05.2020 (no. 54839/17 and 71093/17) see here SUMMARY Right to appeal. The applicants are the CEO of the company and 2 subsidiaries. From the above mentioned, a third company was established, which concluded a loan agreement with the Bank, providing its shares in the common investment fund as collateral. […]

The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

1st P - Article 1
22/04/2020 15:43

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020 (no. 36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

Unauthorized consent to obtain a DNA sample is equivalent to non-consent. Taking a saliva without real consent violates the right to privacy

Article 6
16/04/2020 09:00

JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]

Insufficient justification of court decisions and failure to respond to the parties’ allegations violated the fair trial

Article 6 - Par. 1
14/04/2020 09:00

JUDGMENT Mazahir Jafarov v. Azerbaijan 02.04.2020 (no. 39331/09) see here SUMMARY Right to be heard. Rejection of the courts to return the use of the applicant’s apartment to him by removing it from his ex-wife and children, in exchange for the payment of compensation on his behalf. Insufficient justification for domestic court decisions. According to […]

The award of excessive amounts for a court stamp and fees violated the right to access to court! The court fees should be according to the ability of the party to pay them!

Article 6
13/04/2020 09:00

JUDGMENT Chorbadzhiyski and Krasteva v. Bulgaria 02.04.2020 (app. no. 8938/07 and 41891/07) see here SUMMARY The case concerned the death of the applicants’ relatives during a police operation to quell a riot in a prison where they were being held. The Court first of all found various failings in the authorities’ investigation into the circumstances […]

Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

Administrative
26/03/2020 17:33

JUDGMENT Nikoloudakis v. Greece 26.3.2020 ( no. 35322/12) see here SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

Article 6
20/03/2020 19:08

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

Administrative
18/03/2020 17:40

JUDGMENT Aslan Ismayilov v. Azerbaijan 12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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