Article 6 Archives

Statements by a Government spokesperson about the guilt of a defendant before the criminal proceedings are completed! Violation of the presumption of innocence.

Article 6
01/02/2023 14:45

JUDGMENT SAVVAIDOU v. GREECE 31.1.2023 (app. no. 58715/15) see here SUMMARY The applicant was General Secretary of Public Revenue of the Ministry of Finance. On 22.10.2015, following a decision of the Council of Ministers, due to her alleged involvement in acts investigated by the criminal justice system and her referral to the criminal court, she […]

Incitement of the applicant by a police informant to commit offenses. Violation of fair trial

Article 6
29/01/2023 10:35

JUDGMENT Nikolov v. Austria 24.01.2023 (app. no. 48105/16) see here SUMMARY The Vienna Regional Criminal Court convicted the applicant, a Bulgarian national, of drug offences. It found that he had been incited to commit the offences by a person who was a police informant and, as a consequence, reduced his prison sentence by three months. The […]

Proceedings before civil courts lasted more than 9 years. Violation of reasonable length of the proceedings

Article 6
14/01/2023 14:19

JUDGMENT Bertagna v. Italy 12.01.2023 (app. no. 20308/03) see here SUMMARY Relying on Article 6 par. 1 of the Convention, the applicant complained that the length of the civil proceedings had been incompatible with the “reasonable time” requirement. The national courts applying the “Pinto” law found no violation of the reasonable duration of the trial […]

The process of rehiring public servants who had been dismissed lasted 6 years! Violation of reasonable length of the proceedings

Administrative
12/01/2023 20:50

JUDGMENT Kuznetsov and others v. Ukraine 12.01.2023 (app. nos. 9988/16, 41238/16 and 44703/19) see here SUMMARY Dismissal of the applicants and duration of the re-employment procedure, in accordance with Article 6 § 1 and Article 8 of the Convention. The applicants were civil servants who had been dismissed from their posts in the civil service […]

Rejection of a defendant’s request that three decisive prosecution witnesses be heard. Violation of a fair trial

Article 6
11/01/2023 12:19

JUDGMENT Safssafi v. The Netherlands 10.01.2023 (app. no. 61125/19) see here SUMMARY The applicant didn’t have the ability to cross-examine three prosecution witnesses whose statements have been used as evidence in criminal proceedings against him. The applicant rented a house from a building society, which he then sublet to a couple with the help of […]

Denial of request for examination of key witnesses. Violation of due process

Article 6 - Par. 1
23/12/2022 10:32

JUDGMENT Vasaráb and Paulus v. Slovakia 15.12.2022 (app. no. 28081/19 and 29664/19) see here SUMMARY The case concerned the trial of the applicants for a contract murder allegedly carried out by Mr Paulus for Mr Vasaráb. In particular it concerned the courts’ refusal to examine witnesses that would have allegedly been able to rebut key […]

Refusal of the Greek parliament to lift the immunity of a minister for criminal prosecution for defamation of a well-known member of parliament. Violation of right of access to court

Article 6 - Par. 1
20/12/2022 18:55

JUDGMENT Bakoyanni v. Greece (application no. 31012/19) 20.12.2022 see here SUMMARY The case concerned Ms Bakoyanni’s complaint that in 2018 she had not been able to follow through with a criminal complaint against the then Minister of Defence for defamation because the Greek Parliament had refused to lift his immunity. She lodged a complaint against […]

Expert bias due to his professional relationship he had with the opposing party. The denial of the request to exempt his report violated the equality of arms

Article 6 - Par. 1
15/12/2022 19:37

JUDGMENT Test-Achats v. Belgium 13.12.2022 (app. no. 77039/12) see here SUMMARY In this case, the applicant association, Test-Achats, challenged the neutrality of the expert who had been appointed by the Brussels Court of Appeal in the context of a civil action brought by it against an insurance company, in which Test-Achats sought the cessation of […]

Application of national legislation contrary to EU law and conviction of accused! Conviction by ECtHR for manifest legal error of the domestic courts. Supremacy of EU law

1st P - Article 1
07/12/2022 07:59

JUDGMENT Spasov v. Romania 06.12.2022 (app. no. 27122/14) see here SUMMARY The case concerned a Romanian court judgment convicting Mr Spasov, the owner and captain of a Bulgarian-flagged vessel, of illegal fishing inside Romania’s exclusive economic zone in the Black Sea. In the proceedings before the Romanian authorities, Mr Spasov argued that the quantity of […]

Dismissal of appeal due to ambiguity of the law regarding the application of a new deadline. Violation of due process

Administrative
02/12/2022 07:49

JUDGMENT Çela v. Albania 29.11.2022 (app. no. 73274/17) see here SUMMARY Ambiguity as to the entry into force of a new procedural deadline, legal certainty and disproportionate burden on the parties. The applicant filed a constitutional complaint against an irrevocable decision that had been issued after a compensation claim was filed against him. The law […]

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