Article 6 Archives

The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

1st P - Article 1
30/10/2019 11:40

JUDGMENT Kuzhelev and others v. Russia 15.10.2019 (no. 64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here SUMMARY Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

The non investigaton of the applicant’s allegations from the domestic courts regarding ill treatment during pre trial detention is unacceptable in behalf of the Court

Article 3
29/10/2019 18:08

JUDGMENT Almaši v. Serbia 08.10.2019 (no. 21388/15) see here SUMMARY Ill – treatment, unreliable testimony and right to representation. The applicant was arrested for illegal entry and of people smuggling. At the preliminary investigation stage, he alleged that he had been ill- treated, resulting in an unreliable testimony and complained that he was not allowed […]

Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

Article 6
28/10/2019 18:56

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18). see here SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

Article 6 - Par. 1
27/10/2019 08:39

JUDGMENT Milovanović v. Serbia 08.10.2019 (no. 56065/10) see here SUMMARY, Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

Withdrawal of a gun licence of a person with a criminal record does not violate the ECHR

Article 6
25/10/2019 19:30

JUDGMENT Ilinca v. Romania 24.10.2019 (no. 50882/15) see here SUMMARY Withdrawal of a permit authorising the possession of firearms. Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, Mr Ilinca submitted that the domestic courts’ decisions had lacked sufficient reasoning and had been based on secret information to which […]

Concerns regarding a judge’s impartiality against a lawyer. Infringement of fair trial

Article 6 - Par. 1
24/10/2019 07:25

JUDGMENT Deli v. the Republic of Moldova 22.10.2019 (no. 42010/06) see here SUMMARY The case concerned, on the one hand, an alleged dispute between a lawyer and a judge during a court hearing and the lawyer’s resulting fears of bias towards him and his client and, on the other hand, the judge’s contention that he […]

Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

Article 6 - Par. 1
17/10/2019 19:51

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

Illegal protest demonstration. Demonstrator convicted twice for the same demonstration. Violation of the fundamental principle ne bis in idem.

7th P - Article 4
12/10/2019 17:30

JUDGMENT Korneyeva v. Russia 08.10.2019 ( no. 72051/17) see here SUMMARY The case concerned the applicant being convicted of two separate offences originating in the similar circumstances of an unauthorised rally. The Court in particular rejected the Government’s argument that the duplication of the proceedings against the applicant had been justified by the distinct areas […]

The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

Article 6 - Par. 2
08/10/2019 08:00

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

The inability to regain legal capacity, although its deprivation was based only on an earlier psychiatric report, violated both the right to a fair trial and the right to respect for privacy.

Article 6 - Par. 1
06/10/2019 15:36

JUDGMENT Nikolyan v. Armenia 3-10-2019 (no. 74438/14) see here SUMMARY The case concerned an applicant who was declared legally incapable in 2013, following proceedings brought by his wife and son. The Court found that the applicant could neither pursue his divorce and eviction claim against his wife nor seek restoration of his legal capacity in […]

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