Article 7

φυλακές

Complaints of degrading treatment in prisons must include a detailed and adequate description of the circumstances and events

JUDGMENT
Melnikov v. Ukraine 22.10.2020 (app. no. 66753/11)
Humiliating treatment and detention conditions. The applicant was convicted of serious offenses (intentional homicide, kidnapping, robbery, theft, etc.) and was sentenced to life imprisonment and 15 years in prison.
He complained about the conditions of his detention in the prisons, stating that the personal space in his cell was 2.5 sq.m. and generally that there was an overcrowding of prisoners. He also complained about the way his sentences were calculated.
The ECtHR ruled that his allegations were vague and unproven. According to the Court, the applicants must provide a detailed and sufficient description of the facts and situations which they complain about regarding prison conditions and which do not have sufficient general objections, as in the present case. It also considered that the applicant had not substantiated his action in the part concerning the calculation of the penalties and the breach of Article 7 of the ECHR.

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Lack of impartiality of the court when in a trial for revealing state secrets 1/3 of the jurors were related to secret services!

JUDGMENT
Danilov v. Russia 01.12.2020 (app. no. 88/05)
Jurors, principle of impartiality and the right to examine witnesses.
A famous physicist was found guilty of treason for revealing state secrets. The applicant complained of jury bias and that his restrictions on the examination of witnesses meant that he did not have access to a fair trial.
The ECtHR found that bias issues were identified in the composition of the jury as 4 of the 12 jurors carried “state security clearance”. The national court should therefore have considered this issue in detail. The failure of the courts to do so violated the ECHR.

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Conviction for an offense that was statute-barred. Violation of the principle nullum crimen, nulla poena sine lege

JUDGMENT Antia and Khupenia v. Georgia 18.06.2020 (app. no. 7523/10) see here  SUMMARY Statute of limitations, conviction and principle nullum crimen, nulla poena sine lege. The applicants were charged with breach of duty and convicted two years after the offense was committed, when the offense was now statute-barred. The Supreme Court upheld their conviction regarding […]

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Manipulation of shares. The imposition of fine is compatible with the ECHR

JUDGMENT Georgouleas and Nestoras v. Greece 28.5.2020 (no. 44612/13 and 45831/13) see here  SUMMARY Maintaining the proper functioning of the capital market. The plaintiffs as stockbrokers with methodical transactions on the share of the company DΚ, which were all carried out through specific stock exchanges, formed in a methodical way, the price and marketability of […]

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Failure to provide medical care to detainees constitutes inhumane and degrading treatment.

JUDGMENT Kadagishvili v. Georgia 14.05.2020 ( no. 12391/06) see here   SUMMARY Failure to provide medical care to detainees in accordance with their health problems is inhumane and degrading treatment. Detention of detainees and conditions of a fair trial. The first and third applicants were convicted of money laundering and held in high-security prisons. They […]

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Red card to Platini from Strasbourg! The penalty imposed on him was proportional

JUDGMENT Platini v. Switzerland 05.03.2020 (no. 526/18) see here SUMMARY The case concerned Michel Platini, a former professional football player, president of UEFA and vice-president of FIFA. Disciplinary proceedings had been brought against him in respect of a salary “supplement” of 2 million Swiss francs (CHF), received in 2011 in the context of a verbal […]

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δικηγόρος

Overturning an acquittal decision by a court of last instance based on an expert opinion. Non-infringement of fair trial.

JUDGMENT Marilena-Carmen Popa v. Romania 18.02.2020 (no. 1814/11) see here  SUMMARY The case concerned criminal proceedings against the applicant for forgery. The Court found in particular that the Court of Cassation, the court of last instance in the case, had found the applicant guilty of an act of forgery, overturning a first-instance acquittal. The Court […]

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φυλακές

Infringement of fair trial by lack of reasoning by the Court of Cassation for non-recognition of the benefit of mitigating circumstances.

JUDGMENT Felloni v. Italy 06.02.2020 (no. 44221/14) see here  SUMMARY The case concerned criminal proceedings which led to Mr Felloni’s conviction for driving while unfit through drink. Mr Felloni alleged that his prison sentence was the result of the retrospective application of harsher criminal legislation. In particular, he complained that he had not been granted […]

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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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ECHRCaseLaw

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