JUDGMENT Centre for Development of Analytical Psychology Ltd v. ‘the former Yugoslav Republic of Macedonia 15-06-2017 (no.29545/10 and 32961/10) see here SUMMARY Preveting businesses to access judicial authorities violates the right to a fair trial. The lower limit of the subject-matter of the lawsuit for injunction hinders access to a court. PROVISION Article 6 par. 1 […]
JUDGMENT Żuk v. Poland (no. 48286/11)30-5-2017 see here SUMMARY Non-execution of court decision. The municipality did not execute irrevocable court order to transfer property to the applicant. The ECtHR held that there had been a violation of the applicant’s fair trial and property rights. PROVISION Article 6 § 1 Article 1 of the First Additional […]
JUDGMENT Scavetta v. Monaco 30-5-2017 (no. 33301/13) see here SUMMARY Fair trial. Evidence. Failure to produce documents. Failure to produce critical documents, such as the investigator’s findings and the prosecutor’s written conclusions in connection with the conviction of the accused, violates his right to a fair trial. PROVISION Article 6 § 1 PRINCIPAL FACTS The […]
JUDGMENT Paluda v. Slovakia 23-5-2017 (no. 33392/12) see here SUMMARY Disciplinary proceedings against a judge. Access to court. Fair trial. Disciplinary Proceedings against a Supreme Judge over his complaints against the President of the Supreme Court. The initiation of disciplinary action and the imposition on the applicant of a suspension of his judicial duties by […]
JUDGMENT Simeonovi v. Bulgaria 12-5-2017 (no. 21980/04) see here SUMMARY Inhuman and degrading treatment due to the combination of a strict framework for the applicant’s life imprisonment and the wretched conditions of detention of Bulgarian prisons. The Grand Chamber of the European Court of Human Rights found a violation of Article 3 of the ECHR. […]
JUDGMENT Poropat v. Slovenia 9-5-2017 (no. 21668/12) see here SUMMARY The refusal of the courts: (a) to examine a witness despite the persistent request of the accused; and (b) to oblige the claimant to produce video, claiming that 12 cameras were present in the event, violated the defendant’s right of defense and his right to […]
JUDGMENT Chap Ltd v. Armenia 4-5-2017 (no. 15485/09) see here SUMMARY Witnesses. Tax cases. Assimilation of witnesses in administrative cases with those in criminal cases. Application of Article 6 § 3 (d) (right of the accused to witnesses) and in administrative cases. Enforcing a fine in a tax case and its ratification without having to […]
JUDGMENT Zherdev v. Ukraine 27-04-2017 (no. 34015/07) see here SUMMARY Degrading treatment by the police. The applicant, who was found guilty of robbery and homicide and sentenced to 13 years in prison, has filed with the ECtHR complaints about police pre-trial (physical and psychological abuse by the police authorities in order to extract his confession) […]
JUDGMENT Asatryan v. Armenia 27-04-2017 (no. 3571/09) see here SUMMARY Examination of witnesses in the audience. The non-examination by the accused of the witnesseses deprived her of the right conferred by Article 6 § 3d of the ECHR (examination of witnesses in the trial) and given that the conviction in the criminal proceedings was based […]
JUDGMENT Schmidt v. Latvia 27.04.2017 (no. 22493/05) see here SUMMARY Access to court. Divorce proceedings. In absentia. Violation of a fair trial. The case concerns the applicant’s complaint about breaches of divorce proceedings. Based on Article 6 § 1 (right to a trial and access to court), she claimed that she had been unaware of […]
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