JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]
JUDGMENT Magomedov and others v. Russia 28-03-2017 (no. 33636/09, 34493/09, 35940/09, 36054/09, 37441/09, 38237/09, 45415/09, 50333/09, 28480/13, and 28506/13) see here SUMMARY Violation of a fair trial. Accepting an out-of-date appeal. The applicants had taken part in the emergency operations in Chernobyl. At different dates, the applicants filed a lawsuit against the national authorities, disputing […]
JUDGMENT Sturua v. Georgia 28-03-2017 (no. 45729/05) see here SUMMARY The applicant was appointed President of the Abasha District Court for a period of 10 years. However, in 2004 disciplinary proceedings were instituted against him and removed him from office following a decision by the Disciplinary Board of Judges. He used the legal remedies to […]
JUDGMENT Louli-Georgopoulou v. Greece (no. 22756/09) 16-3-2017 see here SUMMARY Access to court. Civil proceeding . Court formality. The case concerned the allegation of extraordinary formalism on behalf of the Athens Court of Appeal. The court declared inadmissible the applicant’s claim to be a civil claimant because the word “heir” was absent from the Proceedings […]
JUDGMENT Kuzmenko v. Ukraine-3-2017 (no. 49526/07) see here SUMMARY Access to court. Research investigation. Compensation. The case concerned the investigation of the applicant’s apartment by the police. The investigation was based on a court order for mobile phone theft. The authorities found in his house three mobiles belonging to himself and his family. No evidence […]
JUDGMENT Vasiliadou v. Greece (no. 32884/09) 06-04-2017 see here SUMMARY Fair trial. Delay in the execution of court decisions. The applicant wanted to buy a property in the Halkidiki region. Despite the refusal of the court of first instance, the Appellate Court held that the applicant fulfilled all the legal criteria for that. However, the […]
JUDGMENT Lovrić v. Kroatia 04-04-2017 (no. 38458/15) see here SUMMARY The deletion by a hunting association, without being able to challenge the decision before a court, violates Article 6 § 1 of the European Convention according to the ECtHR. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicant, Zvonimir Lovrić, is a Croatian national who […]
JUDGMENT Cerovšek and Božičnik v. Slovenia 7-3-2017 (no. 68939/12 and 68949/12) see here SUMMARY The case concerned their allegations of the applicants regarding the fairness of their conviction for theft. Both were found guilty by the same judge, who came retired before drawing up the reasoning of the conviction. This was done by other colleagues who […]
JUDGMENT Palchik v.Ukraine 2-3-2017 (no. 16980/06) see here SUMMARY Equality of arms. Witness examination. The principle of equality of arms is violated by the non-summon by the Supreme Court of Ukraine of the accused and his attorney at the hearing of the appeal. Taking into account unqualified witness evidence as evidence infringes Article 6 § […]
DECISION Moroz v. Ukraine 2-3-2017 (no. 5187/07) see here SUMMARY Family life. Right to correspondence. Religious freedom. The inability during the detention of the applicant to communicate with his relatives and to correspond with them constitutes a breach of family life and the right of correspondence of the prisoner. The ECtHR also ruled that there […]
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