Article 7

Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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The long-term ban on leaving the country has more serious consequences than that on a sitizen and violated the right to privacy. Extensive interpretation of criminal law and non-application of a more specific provision infringed Article 7 of the ECHR

JUDGMENT Parmak and Bakir v. Turkey 3.12.2019 (no. 22429/07 and 25195/07) see here  SUMMARY Legislative gap, broad interpretation of criminal law and proportionality principle. The applicants were charged with being involved with a terrorist organization and were banned from leaving the country only after their sentence had been imposed. Due to a legislative gap in […]

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Request for the replacement of the sentence in the context of the transfer of detainees from Morocco to France. The principle “no punishment without law” does not apply to the enforcement of the sentence.

JUDGMENT Robert v. France 26/09/2019 (no. 1652/16) see here SUMMARY Execution of sentence and principle of “nulla poena sine lege”. Replacement of the sentence issued by the Moroccan courts for a French prisoner in the course of his transfer to France in order to serve his sentence. The Court held in particular that Articles 6 […]

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Unlawful revocation of a professional license constitutes a violation of the right to property

JUDGMENT  Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY  Revocation of a license and deprivation of profession.  Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]

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Genocide! The Court did not condemn the condemned for genocide, since he could foresee both the offense and his punishment

JUDGMENT  Drėlingas v. Lithuania 12.03.2019 (no. 28859/16) see here SUMMARY The case concerned the applicant’s conviction for genocide for taking part in a 1956 operation to arrest two partisans who had resisted Soviet rule. The Court concluded that Lithuania’s Supreme Court had now resolved previously existing legal discrepancies in domestic practice on such genocide trials, […]

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Ex officio appointment of lawyers and non-acceptance of their appointment. The lawyers were sentenced to a fine in absentia for contempt of the Court. No infringement of the ECHR.

JUDGMENT  Gestur Jónsson and Ragnar Halldór Hall v. Iceland 30.10.2018 (no.  68273/14 and 68271/14) see here PROVISIONS Article 6 Article  7 Article 2 of Protocol n. 7 SUMMARY The case concerned the imposition of fines on the applicants after they resigned as defence counsel in a criminal case. The Court found in particular that the […]

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The referendum in Catalonia, the fines in the electoral committee and the Court’s intervention

JUDGMENT Aumatell i Arnau v. Spain 4.10.2018 (no. 70219/17) see here SUMMARY The case concerned the applicant’s involvement in organising a referendum, scheduled for 1 October 2017, on the independence of Catalonia. The Court first found that the failure to serve notice of the Constitutional Court’s decision personally on Ms Aumatell i Arnau had not […]

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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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