Article 6

fair trial

The absurd and arbitrary decisions violate the fair trial. The accusation must be defined and predictable

JUDGMENT Navalnyye v. Russia 17/10/2017 (no. 101/15) see here SUMMARY  The case concerned the complaint by Aleksey Navalnyy, an opposition leader, and his brother Oleg Navalnyy, an entrepreneur, that their criminal conviction for fraud and money laundering was based on an unforeseeable application of criminal law and that the proceedings were arbitrary and unfair. The Court […]

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κρατούμενοι

The excessive length of detention of a policeman and the claim for damages

JUDGMENT  Vanchev v. Bulgaria 19/10/2017 (no.  60873/09) βλ. εδώ SUMMARY  A policeman convicted of a breach of duty served a higher sentence than the imposed one. Excessive detention and tort action against public prosecutors. Receiving reduced compensation for legal costs. Infringement of the right to freedom and security and the right to be heard. PROVISION  […]

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δίκαιη δίκη

The testimony of the victim in the pre-trial is not enough to convict the accused. His presence in the audience is required.

JUDGMENT Cafagna v. Italy 12/10/2017 (no. 26073/13) see here SUMMARY Robbery on the street. The victim testified before the police and identified the accused by photographers. In the audience, the witness never appeared, despite the accused’s wish to examine him. The witness was of unknown residence and could not be found. Thus neither the Court […]

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δίκαιη δίκη

The confession of an accused without the presence of a lawyer violates the fair trial

JUDGMENT Bayram Koç v. Turkey  05-09-2017 ( no.  38907/09) Bozkaya v. Turkey 05-09-2017 (no. 46661/09) Türk v. Turkey 05-09-2017 (no. 22744/07) SUMMARY  The applicants complained that they had no access to a lawyer during a police interogation. All three of the applicants were questioned by the police about their involvement in an illegal criminal organization. All three were […]

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δίκαιη δίκη

Limiting the defendant’s rights to a case involving a secret state service and the limits of fair trial

JUDGMENT M v. The Netherlands 25-07-2017 (no. 2156/10) see here  SUMMARY The applicant is a former member of the Dutch secret service AIVD. In 2004, he was accused of revealing state secrets to unauthorized people, including those suspected of terrorism. Before the trial, restrictions were imposed on documents, which was denounced by his lawyer and some […]

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δίκαιη δίκη

The State’s obligation to comply with binding rulings and the protection shield of the ECtHR

JUDGMENT Panorama Ltd and Miličić v. Bosnia and Herzegovina 25-07-2017 (no. 69997/10 και 74793/11) see here  SUMMARY  The applicants in this case are Panorama Ltd, a limited liability company based in the Brčko Region, and Đuro Miličić, a national of Bosnia and Herzegovina. The case concerned the non-execution of internal irrevocable judgments in the applicants’ […]

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δίκαιη δίκη

The validity of the judgments of the European Court of Human Rights and the resumption of proceedings by the national courts

JUDGMENT Moreira Ferreira v. Portugal (no. 2) 11-07-2017 (no. 19867/12) see here  SUMMARY  The applicant was prosecuted for threatening conduct following an altercation. Despite the fact that an expert report diagnosed her with limited intellectual and mental capacity, she was held criminally responsible for her actions. By judgment of the court, she was convicted of […]

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δίκαιη δίκη

The inadmissibility of the appeal, unrelated to the accused’s fault, affects the principle of fair trial and invalidates access to a court.

JUDGMENT Shuli v. Greece 13-07-2017 (no. 71891/10) see here  SUMMARY  Fair trial. Access to court. Formalistic rejection of appeal by the Five-Member Court of Appeal of Nafplion. The accused filled a pre-printed appeal. Failure to indicate specific grounds of appeal for in the appeal. Formalist rejection of an appeal as unacceptable hinders access to a […]

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δίκαιη δίκη

The obligation of the courts to investigate in depth the defendants’ arguments in the context of the fair trial principle

JUDGMENT Nikolay Genov v. Bulgaria 13-07-2017 (no. 7202/09) see here  SUMMARY Counterfeit bank notes. Allegations of the accused. No response to the allegations. The case concerned the applicant’s complaint that the courts did not address his case fairly in the course of the criminal proceedings against him. In 2008, Mr Genov was convicted of having […]

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