Article 7

The imposition of a life sentence on the applicant for a different homicide did not infringe the principal of ne bis in idem.

JUDGMENT Shabelnik v. Ukraine 04.11.2021 (app. no. 54806/18) (no. 3) see here SUMMARY Non-imposition of a penalty without law. Criminal review procedure following decisions of the ECtHR. The applicant was sentenced to life imprisonment for two homicides. Following ECtHR rulings, the Supreme Court quashed his conviction in relation to one of the two homicides and […]

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Preventive detention of a mentally disturbed patient while he had already served a 20-year prison sentence. Multiple violations of the ECHR

JUDGMENT W.A. v. Switzerland 02.11.2021 (app. no. 38958/16) see here SUMMARY The case concerned the ordering of preventive detention in respect of W.A. – a man who had serious psychiatric issues – after he had served a 20-year sentence for two homicides. The Court found in essence that by this detention, ordered in a reopening […]

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Conviction of a prison officer who “was providing” information about the prison to journalists. No violation of the freedom of expression

JUDGMENT Norman v, United Kingdom 06.07.2021 (app.  no. 41387/17) see here SUMMARY Breach of duty by a civil servant. Reasonable conviction because the act that was convicted did not serve the public interest. As part of a public inquiry into bribery of civil servants, a memorandum of understanding was drawn up between the police and […]

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Discalification of a candidate from regional elections due to his conviction for abuse of power. Non-violation of the ECHR

JUDGMENT Miniscalco v. Italy 17.06.2021 (app. no. 55093/13) see here SUMMARY Exclusion of a candidate from elections due to his irrevocable criminal conviction. Retroactive exclusion power. Right to free elections. The applicant was disqualified from running in the regional elections because of his irrevocable conviction in three decisions for abuse of power prior to the […]

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Removal from office of a member of Parliament and disqualification from standing as an electoral candidate for 6 years on account of a criminal conviction: Non violation of the ECHRA

JUDGMENT Galan v. Italy 17.06.2021 (app. no. 63772/16) see here SUMMARY The case concerned the applicant’s forfeiture of his electoral seat as a member of parliament on account of a finding by Parliament that there was a ground of ineligibility following a conviction for corruption. The Court attached weight to the approach taken by the […]

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The strict disciplinary sanctions imposed by the Disciplinary Committee of the Football Federation on a member of a football team, a footballer and a referee for posting them on the internet violated the freedom of expression!

JUDGMENT Sedat Doğan v. Turkey (app. no. 48909/14), Naki and Amed Sportif Faaliyetler Kulübü Derneği v. Turkey (app. no. 48924/16) and Ibrahim Tokmak v. Turkey (app. no 54540/16) 18.05.2021 SUMMARY The three cases concerned sports sanctions and financial penalties imposed on the applicants by the Turkish Football Federation on account of statements to the media […]

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Boycotting is a form of political speech. Criminal conviction of activists for boycotting products imported from Israel. Violation of freedom of expression

JUDGMENT Baldassi and others v. France 11.06.20 (app. no. 15271/16) see here SUMMARY Activists. Boycotting and freedom of expression. The cases concerned a complaint by activists in the Palestinian cause about their criminal conviction for incitement to economic discrimination, on account of their participation in actions aimed at boycotting products imported from Israel as part […]

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δικηγόρος

The conviction for failure to declare a speargun, although not classified as a weapon in the law, violated the principle of “no penalty without law” of Article 7 of the ECHR.

JUDGMENT Pantalon v. Croatia 19.11.2020 (app. no. 2953/14) see here SUMMARY Non-imposition of a penalty without law. The applicant was sentenced by an irrevocable decision to a fine for failing to declare his speargun at the Croatian border on his return from Bosnia and Herzegovina. The domestic courts ruled that the spearguns belonged to the […]

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φυλακές

The imposition of restrictive conditions does not constitute a penalty. Non-granting of legal aid to a destitute prisoner. Unfair trial

JUDGMENT Timofeyev and Postupkin v. Russia 19.01.2021(app. no. 45431/14 and 22769/15) see here SUMMARY Restrictive conditions on dangerous criminals, right of free movement. Providing legal assistance to a needy prisoner and a fair trial. The case concerned the administrative surveillance of the applicants after they had served their prison sentences. The Court found in particular […]

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Fines imposed on ex officio lawyers for contempt of court for refusing to perform their duties. The fines are not criminal but disciplinary. Non-violation of the ECHR

JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 22.12.2020 (app. no. 68273/14 and 68271/14) see here SUMMARY The case concerned two lawyers who were fined in absentia by the district court for contempt of court because they had withdrawn from their roles as defence lawyers in a criminal trial. In spite of the district […]

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