By Article Archives

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Article 6 - Par. 1
06/11/2020 17:31

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

Article 10
05/11/2020 16:26

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

The prosecution and lengthy proceedings against professors for the content of their report violated their freedom of expression, regardless of their acquittal

Article 10
04/11/2020 08:46

The case concerned two university professors (Mr Kaboǧlu and Mr Oran) who had been the target of various reactions following the publication of a report on minority

Home search warrant without sufficient evidence of a crime. Violation of the right to respect for privacy and residence

Article 8
03/11/2020 09:42

Right to respect for privacy and residence and conditions for justified “intervention”. A search of the applicant’s residence was carried out following a warrant issued

A judge has tried the same parties three times for the same facts. The same judge also rejected his request for exclusion! Conviction for bias!

Article 6 - Par. 1
02/11/2020 07:50

JUDGMENT Mikhail Mironov v. Russia 06.10.2020 (app. no. 58138/09) see here SUMMARY Judge impartiality. Fair trial. Objection of bias. A judge tried one criminal and two civil cases between the same parties and for the same facts. He also adjudicated his objection of exclusion and rejected it. A judge has tried the same parties three […]

Late imposition of an administrative fine for violation of the customs code and seizure of real estate. Violation of the right to respect for property

1st P - Article 1
01/11/2020 11:27

JUDGMENT Artashes Antonyan v. Armenia 22.10.2020 (app. no. 24313/10) see here SUMMARY Imposition of an overdue customs fine. Foreclosure and auction of real estate. Right to property. The applicant was fined under the Customs Code for inaccurate invoicing of imported products. The imposition of a fine took place after the expiry of the two-month period […]

Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

Article 6 - Par. 1
30/10/2020 19:50

JUDGMENT Akbay and others v. Germany 15.10.2020 (app. no. 40495/15, 40913/15 and 37273/15) see here SUMMARY Fair trial and police trapping. The applicants were convicted of importing and trafficking drugs. In order to commit the crime, they were instigated by an undercover police officer who encouraged them to commit the act, allegedly providing them with […]

The ECtHR sentenced Greece to compensation for violation of property rights in an expropriation case

1st P - Article 1
29/10/2020 16:10

JUDGMENT Moustakidis v. Greece 29.10.2020 (app. no. 58999/13) see here SUMMARY Expropriation and calculation of compensation. The applicant was deprived of the use of part of his property due to expropriation, in which his business was housed. He was compensated for the value of the land he was deprived of and for the impairment of […]

Deportation of alliens who were tried without knowing the accusation and without access to the case file. Violation for non-observance of procedural guarantees in the deportation of foreigners

7th P - Article 1
29/10/2020 08:06

JUDGMENT Muhammad and Muhammad v. Romania 15.10.2020 (app. no. 80982/12) see here SUMMARY The case concerned proceedings as a result of which the applicants, Pakistani nationals living lawfully in Romania, were declared undesirable and deported. The Court found that the applicants had received only very general information about the legal characterisation of the accusations against […]

Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

Article 8
28/10/2020 18:20

JUDGMENT C. v. Croatia 08.10.2020 (app. no. 80117/17) see here SUMMARY Child care and best interests of the child. The applicant is a child of divorced parents. He appealed to the ECtHR, complaining of a violation of his right to respect for his family life (Article 8 of the Convention), because in his parents’ trials […]

By Article

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

A journalist described a high school headmaster as a “neo-Nazi” and a “theoretician of the entity ‘Golden Dawn .” His criminal conviction violated the freedom of expression!

The prosecution and lengthy proceedings against professors for the content of their report violated their freedom of expression, regardless of their acquittal

Home search warrant without sufficient evidence of a crime. Violation of the right to respect for privacy and residence

A judge has tried the same parties three times for the same facts. The same judge also rejected his request for exclusion! Conviction for bias!

Late imposition of an administrative fine for violation of the customs code and seizure of real estate. Violation of the right to respect for property

Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

The ECtHR sentenced Greece to compensation for violation of property rights in an expropriation case

Deportation of alliens who were tried without knowing the accusation and without access to the case file. Violation for non-observance of procedural guarantees in the deportation of foreigners

Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

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