JUDGMENT Larrañaga Arando and others v. Spain (no. 73911/16, 233/17, 3086/17 and 5155/17) and Martínez Agirre and others (no. 75529/16 and 79503/16) 18.07.2019 SUMMARY Presumption of innocence and compensation for death of a relative by terrorists. The applicants complained under Article 6 § 2 (presumption of innocence) that they had been denied the state compensation they were entitled […]
Does the non compliance with the examination procedure of witnesses affect the principal of fair trial?
JUDGMENT Shala v. Switzerland 25.07.2019 (no. 63896/12) see here SUMMARY Failure to inform criminal trial witnesses of their right to consular assistance. Intentional homicide and fair trial. No infringement. The applicant is sentenced by the Swiss courts for murder in the context of a blood feud. Complaints of infringement of fair trial. The applicant criticized […]
Electronic files with millions of data in a criminal trial and fair trial. Sufficient access to information and preparation time for the defendant’s lawyer.
JUDGMENT Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]
In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.
JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here SUMMARY Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]
Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings
JUDGMENT Chiarello v. Germany 20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]
Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.
JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here SUMMARY Road traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed heavily into the back of his car shunting it, into the back of a parked military lorry. He suffered serious injuries and […]
Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.
JUDGMENT Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here SUMMARY Violation of the fair trial by the administrative courts. Reasoning of court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]
Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.
JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15) see here SUMMARY Impartiality ofJudge and fair trial. Not examination of witness that was not essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]
The Fillipino, the Consul and the disciplinary conviction. Failure to take account of all evidence by the Board of Directors renders the trial unfair.
JUDGMENT Loupas v. Greece 20-06-2019 (application no. 21268/16) see here SUMMARY Six months suspension of the General Consul in Geneva for not paying overtime to a Filipino national working in her residence. The Greek State provided evidence before the Swiss courts to prove that the Philippines was not a personal employee of the Consul, but […]
Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.
JUDGMENT Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here SUMMARY Extradition of five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]