Article 6 Archives

Removal of attorneys from trial for misconduct. Non-infringement of due process and privacy

Article 6 - Par. 1
10/10/2022 07:50

JUDGMENT Angerjärv and Greinoman v. Estonia 04.10.2022 (app. no. 16358/18 and 34964/18) see here SUMMARY The applicants, Mart Angerjärv and Maksim Greinoman, are Estonian nationals who were born in 1980 and 1979 and live in Viimsi and Tallinn respectively. They are both lawyers. The case concerns the applicants’ attempts to challenge their removal from civil-court […]

Taxpayer’s obligation to provide the tax office with copies of bank deposits for income tax determination. No violation of the right not to incriminate oneself

Article 6 - Par. 1
06/10/2022 06:16

JUDGMENT De Legé v. the Netherlands 04.10.2022 (app. no. 58342/15) see here SUMMARY The case concerned tax fines imposed on the applicant, a Dutch national, following his failure to comply with his legal obligation to provide all relevant information for the purpose of tax levying, including documents relating to a bank account he held in […]

One of the judges who was appointed to hear the case of the applicant was appointed in violation of the law! Violation of due process

Article 6 - Par. 1
05/10/2022 06:29

JUDGMENT Besnik Cani v. Albania 04.10.2022 (app. no. 37474/20) see here SUMMARY The case concerned a former prosecutor who was dismissed in 2020 as part of an exceptional process for the re-evaluation of all serving judges and prosecutors – known as vetting proceedings – following a reform of the justice system in Albania, and his […]

Application on behalf of the Former Prime Minister of Romania and his wife for violation of fair trial! The ECtHR was not convinced…

Article 6
30/09/2022 08:05

JUDGMENT Năstase v. Romania 29.09.2022 (app. no. 46/15 and 744/15) see here SUMMARY The case concerns criminal proceedings against Ms Daniela Năstase and Mr Adrian Năstase, who were accused of illegally importing goods to Romania for their own use, between 2002 and 2004, through the intermediary of companies run by high-ranking officials in the government […]

Demolition of a house despite the existence of a decision of interim measures which ordered a suspension of the demolition! Violation of the due process

1st P - Article 1
26/09/2022 07:02

JUDGMENT Mehmet Taner Şentürk v. Turkey 20.09.2022 (app. no. 51470/15) see here SUMMARY The appellant had erected an arbitrary building on public property. A demolition order was issued. With a decision on interim measures, the execution of the decision was ordered to be suspended, but the competent bodies of the municipality proceeded with the demolition […]

Criminal conviction based on confession given at the pre trial hearing without notice of the suspect’s rights. Violation of due process

Article 6 - Par. 1
26/09/2022 06:21

JUDGMENT Merahi and Delahaye v. France 20.09.2022 ( app. no. 38288/15) see here SUMMARY Fair trial guarantees. The suspect’s right to be informed in the pre-trial procedures to remain silent and to be represented by a lawyer. On the basis of the confession of the first applicant given at the preliminary investigation stage, the applicants […]

The imposition of an administrative fine of 4.90 euros on a citizen who did not wear his mask in a supermarket. The ECtHR ruled that it does not constitute a penalty. No violation of the due process

Administrative
20/09/2022 06:33

JUDGMENT Makovetskyy v. Ukraine 15.09.2022 (app. no. 50824/21) see here SUMMARY The case concerned administrative-offence proceedings against Mr Makovetskyy for refusal to wear a mask in a supermarket, although doing so had been compulsory as part of measures to restrict the spread of the disease Covid-19. The Court held that the domestic courts had not […]

No legal standing of a private bank in legal proceedings and its inability to challenge the revocation of its license. Violation of fair trial and right to property

1st P - Article 1
01/09/2022 07:15

JUDGMENT Korporativna Targovska Banka AD v. Bulgaria 30.08.2022 (app. no. 46564/15 and 68140/16) see here SUMMARY The case concerned the withdrawal of the applicant bank’s licence by the Bulgarian National Bank and the resulting court proceedings in which it was ordered that it be wound up. In finding violations, the Court held, in particular, that: […]

Dismissal of appeal on points of law from the supreme court without answering the grounds of appeal with sufficient reasons. Violation of due process

Article 6 - Par. 1
11/08/2022 07:17

JUDGMENT Rusishvili v. Georgia 30.06.2022 ( app. no. 15269/13) see here SUMMARY Fair trial. Representation by a lawyer of the defendant’s choice, examination of witnesses, reasons for the decision. The applicant was sentenced to 18 years’ imprisonment for first-degree murder and possession of firearms. He appealed for a violation of the fair trial claiming that: […]

Conviction for resisting police officers. Courts gave more weight to the police officers testimony and less weight to defense witnesses. Violation of due process

Article 6 - Par. 1
03/08/2022 07:00

JUDGMENT Boutaffala v. Belgium 28.06.2022 (app. no. 20762/19) see here SUMMARY Prosecution and defense witnesses. Evaluation of witness statements by the criminal courts. Burden of proof. The applicant, Khaled Boutaffala, is a Belgian national, born in 1976 and lives in Brussels. The case concerns the applicant’s criminal conviction by the Belgian courts for resisting the […]

Article 6