JUDGMENT Jansen v. Norway 06.09.2018 (no. 2822/16) see here SUMMARY Mother and child of Roma origins. The child is under the protection of a foster family for protection reasons. Weighing between the right of the mother and child to communicate and the risk of child abduction by the mother’s family. The national courts did not […]
The criminal punishment of a book publisher on the disappearance of a journalist and the freedom of expression
JUDGMENT Fatih Taş v. Turkey 04.09.2018 (no. 6810/09) see here SUMMARY Criminal conviction of a publisher of a book on public denigration of the Republic of Turkey because he criticized the authorities and claimed that a journalist had been kidnapped by state guards. The ECtHR has condemned Turkey for violating freedom of expression because […]
Death from poisoning to a hospital. Insufficient criminal and civil procedures for dealing with medical negligence
JUDGMENT Yirdem and others v. Turkey 04.09.2018 (no. 72781/12) see here SUMMARY Death patient in hospital from poisoning. Forensic report suggested that the substances detected could not be found in the hospital. Exercise of criminal prosecution against doctors for medical negligence. They were released from the criminal courts after a 9 year trial. The civil […]
JUDGMENT Guja v. Republic of Moldova (no 2) 27.02.2018 (no. 1085/10) see here SUMMARY The case concerned the applicant’s allegation of a continuing violation of his right to freedom of expression after an incident of whistle-blowing, despite a previous Grand Chamber judgment in his favour (Guja v. Moldova). He complained that the authorities had only simulated […]
JUDGMENT Selami and others v. “The former Yugoslav Republic of Macedonia” 01.03.2018 (no. 78241/13) see here SUMMARY Torture by police officers and illegal detention. Fractures of the skull, neck and ribs. Compensation for inadequate compensation by national courts. Appeal of relatives before the European Court of Human Rights as Indirect Victims. Acceptable appeal only by the […]
Torture of two citizens by a police officer. Sentenced to a light penalty, non-disciplinary punishment and promotion! The criminal and disciplinary system in Greece is devoid of seriousness according to Strasbourg!
JUDGMENT Sidiropoulos and Papakostas v. Greece 25.01.2018 (application no. 33349/10) see here SUMMARY The case concerned criminal proceedings leading to the conviction of a police officer for torturing Mr Sidiropoulos and Mr Papakostas, and in particular the sanctions imposed on the offender: a five-year prison sentence commuted to a fine of five euros per day of […]
The presumption of innocence and the disciplinary penalties. Can an innocent judgment and a disciplinary conviction coexist for the same incident?
JUDGMENT Güç v. Turkey 23.01.2018 (no. 15374/11) see here SUMMARY Dismissal of a civil servant, head of a training center, following alleged harassment of a minor pupil. Liability for charges of criminal offense. Along with the criminal proceedings, disciplinary proceedings were also carried out by independent experts. In the end, the applicant was dismissed for […]
JUDGMENT Akarsubaşı and Alçiçek v. Turkey 23.01.2018 (no. 19620/12) see here SUMMARY Imposition of a fine on trade union civil servants for posting a leaflet on a school wall in order to hold a strike with subject “workplace in strike”. Infringement of Article 11 (freedom of assembly) of the ECHR. PROVISION Article 11 PRINCIPAL FACTS […]
Interdiction on asking questions from a defendant’s lawyer to a co-defendant violates the right to fair trial and witnesses
JUDGMENT Kuchta v. Poland 23.01.2018 (no. 58683/08) see here SUMMARY Prohibition to put questions to a co-defendant by the defendant – plaintiff. The co-defendant’s testimony was decisive for the applicant’s case. Violation of the right to witnesses and fair trial. (Article 6 §§ 1 and 3 (d)). PROVISIONS Article 6 § 1 Article 6 § […]