Article 6

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned  the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

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Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

JUDGMENT  Editorial Board of Grivna Newspaper v. Ukraine  16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY  Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed  him in formal dress and brought the caption: “I will compensate […]

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Transportation of prisoners in metal chambers in trucks without water and food constitutes degrading treatment. Systemic problem.

JUDGMENT Tomov and others v. Russia 09.04.2019 (18255/10, 63058/10, 10270/11, 73227/11, 56201/13 and 41234/16) see here SUMMARY Transfer of prisoners. Poor detention conditions. Complaints of seven Russian prisoners. The Court found that the violations were mainly caused by the adherence to obsolete standards for the transfer of detainees (transportation to solid metal wards in prison […]

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Conflicting case-law of the Supreme Court of Cassation. Legal security and the decision of the Court

JUDGMENT Mariyka Popova and Asen Popov v. Bulgaria 11.04.2019 (no. 11260/10) see here SUMMARY Conflicting case law in the  interpretation of a provision made by different compositions of the Supreme Court. Rejection of the applicants’ appeal by the Supreme Court of Cassation due to discrepancies in the case law of that court regarding the liability […]

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The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

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Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

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The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

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Judicial and private expert report. Taking into account by the courts of the expert report of the psychiatrist appointed by the authorities and the rejection of the report of the private psychiatrist violated the principle of equality of arms by creating an unfair disadvantage against the accused

JUDGMENT Hodžić v. Croatia 04.04.2019 (no. 28932/14) see here SUMMARY The case concerned the proceedings for the applicant’s confinement in a psychiatric hospital. The Court found in particular that, without obtaining another expert report addressing Mr Hodžić’s objections or giving him an opportunity to examine an “expert” on his behalf, his possibility to challenge the […]

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The exhaustion of domestic remedies, if they are effective, is a necessary condition for an individual appeal before the Court. Control by the ECtHR of the effectiveness of the non-appealed remedy

JUDGMENT  Szalontay v. Hungary 04.04.2019 (no. 71327/13) see here SUMMARY Exhaustion of domestic remedies and effective remedies. Three people were crushed to death  and died at a musical event. The applicant was convicted of murder by negligence of the deceased from the criminal courts. Although the applicant could file a constitutional complaint before the Constitutional […]

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