By Article

Does the non compliance with the examination procedure of witnesses affect the principal of fair trial?

JUDGMENT Shala v. Switzerland 25.07.2019  (no. 63896/12) see here SUMMARY  Failure to inform criminal trial witnesses of their right to consular assistance. Intentional homicide and fair trial. No infringement. The applicant is sentenced by the Swiss courts for murder in the context of a blood feud. Complaints of infringement of fair trial. The applicant criticized […]

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The non-extradition of a murder suspect from Belgium to Spain did not have a sufficient real basis.

JUDGMENT  Romeo Castaño v. Belgium 09.07.2019 (no. 8351/17) see here SUMMARY  Not extradiction of a murder suspect. Incomplete research for extradiction. The negative decision did not have a sufficient real basis. Infringement of the procedural aspect of the right to life. The applicants complained that their right to effective investigation had been violated due to […]

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The unexecuted administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner

JUDGMENT   Chatzigiannakou v. Greece (application no. 58774/12)  18.07.2019  see here SUMMARY Failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk if it were […]

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The conviction of a publisher because of the content of a book by a Kurdish politician insulted a former President of the Republic, violated his right to freedom of expression. Insufficient grounds for the conviction.

JUDGMENT Önal v. Turkey 02.07.2019 (no. 44982/07) see here  SUMMARY  Book publisher. Critisims of a Former Turkish President in the content of a published book of a Kurdish politician. Condemnation of the publisher for defamation. Inadequate reasoning. The applicant is the owner of a publishing house that published a book – an autobiography by a […]

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Electronic files with millions of data in a criminal trial and fair trial. Sufficient access to information and preparation time for the defendant’s lawyer.

JUDGMENT  Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY  File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]

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Inability of wheelchair user to access specific cinema in Geneva did not breach Convention protection of private life

JUDGMENT Glaisen v. Switzerland 18.07.2019 (no. 40477/13) see here SUMMARY  Person with disabilities.  Right of access to the cinema. Inability of a paraplegic wheelchair user notto gain access to a cinema in Geneva. The Court held that Article 8 (right to respect for private and family life) could not be interpreted as requiring access to […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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The non enforcement of an administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner.

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019  see here SUMMARY  The case concerned the failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk […]

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In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here   SUMMARY  Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

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