Article 6 Archives

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

Article 5
09/05/2019 18:00

JUDGMENT Mityanin and Leonov v. Russia 07.05.2019 (no. 11436/06 and 22912/06) see here SUMMARY Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was described as guilty. The European Court of […]

Two-judge panels, the impartiality of judges, high court costs and the Court of Strasbourg

Article 6
07/05/2019 19:19

JUDGMENT Pasquini v. San Marino 02.05.2019 (no. 50956/16) see here SUMMARY Composition of a court of two judges. Impartiality of judges. High court costs. Procedures for settlement of the debts of a financial company to a third party. Complaints about the unlawfulness of court formation, lack of impartiality of a judge and inability to gain […]

National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

Administrative
06/05/2019 17:55

JUDGMENT Repcevirag Szövetkezet v. Hungary 30.04.2019 (no. 70750/14) see here SUMMARY National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

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

Article 6 - Par. 1
01/05/2019 19:16

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 […]

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

Article 10
29/04/2019 22:33

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 […]

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

Article 13
26/04/2019 17:55

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 […]

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

Article 6 - Par. 1
25/04/2019 19:52

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 […]

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

Article 6 - Par. 1
24/04/2019 20:54

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 […]

The refusal of a preliminary ruling of the CJEU does not infringe the ECHR

Article 6 - Par. 1
14/04/2019 13:52

JUDGMENT Harisch v. Germany 11.04.2019 (no. 50053/16) see here SUMMARY Civil proceedings in which the applicant requested the domestic appeal court to refer a question to the Court of Justice of the European Union (CJEU). Reasoned refusal by the national court to submit it. Rejection of the applicant’s constitutional complaint before the Federal Court of […]

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

1st P - Article 1
11/04/2019 15:38

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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