Article 6 Archives

The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

Article 6 - Par. 1
09/06/2019 12:03

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

Article 6 - Par. 1
05/06/2019 18:47

JUDGMENT Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

The continuing case-law differentiation between the Chambers and the plenary session of the Council of State on the same subject violates the principle of legal certainty and fair trial

Administrative
28/05/2019 19:09

JUDGMENT Sine Tsaggarakis A.E.E. v. Greece 23-05-19 (no. 17257/13) see here SUMMARY The case concerned divergences between the case-law of the Fourth and Fifth Sections of the Greek Supreme Administrative Court and also between the plenary Supreme Administrative Court and its Fourth Section. The proceedings concerned an application for judicial review brought by the applicant […]

Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

Article 6 - Par. 1
23/05/2019 10:27

JUDGMENT Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

Report by the parliamentary commission regarding the President of the National Broadcasting Corporation. The opinion expressed does not amount to a criminal conviction and neither the presumption of innocence nor his private life were violated

Article 6 - Par. 1
20/05/2019 18:26

JUDGMENT Kwiatkowski v. Poland 16.05.2019 (no. 58996/11) see here SUMMARY Publication of a report by the Polish Parliament on allegations of corruption in the amendment of the Broadcasting Act. The applicant’s complaint that the report hurt his reputation and constituted a criminal conviction without himself having access to an effective remedy. The Court found that […]

The deprivation of the applicant’s right to attend a hearing has violated his right to equality of arms and the right to be heard

Article 6 - Par. 1
19/05/2019 18:13

JUDGMENT Prebil v. Slovenia 19.03.2019 (no. 29278/16) see here SUMMARY Deprivation of of membership of a company member by the Board of Directors and dismissal without notice and in absentia. Ratification of a judgment by national courts. Refusal of the Courts for the applicant’s participation in the hearing. The European Court of Human Rights held that the […]

First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

Administrative
16/05/2019 18:25

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

Rejection of the appeal due to failure to file a second copy of the appeal does not infringe the fair trial since the party was repeatedly informed of this obligation

Article 6 - Par. 1
14/05/2019 17:44

JUDGMENT Kunert v. Poland 04.04.2019 (no. 8981/14) see here SUMMARY Access to court. Dismissal of the applicant’s appeal for failure to file a second copy with the Registry of the Court. According to the European Court of Human Rights, the disputed claim does not appear to be a disproportionate obstacle to the very substance of […]

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

Article 5
13/05/2019 18:33

JUDGMENT Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

Contradicted decisions of the Court of Cassation on limitation. The non-harmonization of the case law of the Chambers violates the right to a fair trial

Article 6 - Par. 1
12/05/2019 11:31

JUDGMENT Aksis and others v. Turkey 30.04.2019 (no. 4529/06) see here SUMMARY Contrary jurisprudence of the Chambers of the Court of Cassation. Compensation claims against a contractor due to an earthquake in Turkey. Diversification of limitation periods according to the legal assessment of the facts. Contrary case law of the Political Chambers of the Court […]

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